PRISON REFORMS IN

INDIA
TABRESH SHAIKH
 INTRODUCTION
• An Instiution for the confinement of persons who have been remanded (held) in custody by a
judicial authority or who have been deprived of their liberty following conviction for a crime A
person found guilty of a felony or a misdemeanour may be required to serve a prison sentence.
The holding of accused persons awaiting trial remains an important function of contemporary
prisons, and in some countries such persons constitute the majority of the prison population. In
the United Kingdom, for example, generally about one- fifth of the prison population is
unconvicted or unsentenced, while more than two-thirds of those in custody in India are pretrial
detainees. Prison, an institution for the confinement of persons who have been remanded (held)
in custody by a judicial authority or who have been deprived of their liberty following conviction
for a crime. A person found guilty of a felony or a misdemeanour may be required to serve a
prison sentence. The holding of accused persons awaiting trial remains an important function of
contemporary prisons, and in some countries such persons constitute the majority of the prison
population. In the United Kingdom, for example, generally about one- fifth of the prison
population is unconvicted or unsentenced, while more than two-thirds of those in custody in
India are pretrial detainees.
 PRISON IN INDIA
• The management and administration of Prisons falls exclusively in the domain of
the State Governments, and is governed by the Prisons Act, 1894 and the Prison
Manuals of the respective State Governments. Thus, States have the primary role,
responsibility and authority to change the current prison laws, rules and
regulations
 MAJOR ISSUES OF PRISON IN INDIA
Overcrowding: The country’s 1,412 jails are crowded to 114% of their capacity, with a count of 4.33 lakh
prisoners against a capacity of less than 3.81 lakh until December 31, 2016, according to provisional
figures cited by the government in Rajya Sabha. Similar figures have been put forth by National Crime
Records Bureau (NCRB) in 2015. One of the primary reasons for overcrowding of prisons is pendency of
court cases. As on March 31, 2016, more than three crore cases are pending in various courts, and two of
every three prison inmates in the country are under-trials. Overcrowding affects the already constrained
prison resources and renders separation between different classes of prisoners difficult.
Under-trials: As discussed above, more than 67% of the prisoners in India are under trials. The share of the
prison population awaiting trial or sentencing in India is extremely high by international standards. For
example, it is 11% in the UK, 20% in the US and 29% in France.
Corruption and Extortion: Extortion by prison staff is common in prisons around the world. Given the
substantial power that guards exercised over inmates, these problems are predictable, but the low salaries
that guards are generally paid severely aggravate them. In exchange for contraband or special treatment,
inmates supplement guards' salaries with bribes. Powerful inmates in some facilities in India enjoy cellular
phones, rich diets, and comfortable lodgings, while their less fortunate brethren live in squalor. •
 MAJOR ISSUES OF PRISON IN INDIA
 Lack of legal aid: Lawyers in India are poorly paid and are often over-burdened with cases.
Further, there is no monitoring mechanism to evaluate the quality of legal aid representation in
most states.
 Unsatisfactory living conditions: Overcrowding itself leads to unsatisfactory living conditions.
Moreover, prison structures in India are in dilapidated condition. Lack of space, poor ventilation,
poor sanitation and hygiene make living conditions deplorable in Indian prisons. Mental health
care has negligible focus in Indian prisons.
 MAJOR ISSUES OF PRISON IN INDIA

 Overcrowding: The country’s 1,412 jails are crowded to 114% of their capacity, with a count of
4.33 lakh prisoners against a capacity of less than 3.81 lakh until December 31, 2016, according to
provisional figures cited by the government in Rajya Sabha. Similar figures have been put forth by
National Crime Records Bureau (NCRB) in 2015. One of the primary reasons for overcrowding of
prisons is pendency of court cases. As on March 31, 2016, more than three crore cases are pending
in various courts, and two of every three prison inmates in the country are under-trials.
Overcrowding affects the already constrained prison resources and renders separation between
different classes of prisoners difficult.
 Under-trials: As discussed above, more than 67% of the prisoners in India are under trials. The
share of the prison population awaiting trial or sentencing in India is extremely high by
international standards. For example, it is 11% in the UK, 20% in the US and 29% in France.
 MAJOR ISSUES OF PRISON IN INDIA
 Lack of legal aid: Lawyers in India are poorly paid and are often over-burdened with cases. Further, there is
no monitoring mechanism to evaluate the quality of legal aid representation in most states.
 Unsatisfactory living conditions: Overcrowding itself leads to unsatisfactory living conditions. Moreover,
prison structures in India are in dilapidated condition. Lack of space, poor ventilation, poor sanitation and
hygiene make living conditions deplorable in Indian prisons. Mental health care has negligible focus in Indian
prisons.
 Corruption and Extortion: Extortion by prison staff is common in prisons around the world. Given the
substantial power that guards exercised over inmates, these problems are predictable, but the low salaries that
guards are generally paid severely aggravate them. In exchange for contraband or special treatment, inmates
supplement guards' salaries with bribes. Powerful inmates in some facilities in India enjoy cellular phones,
rich diets, and comfortable lodgings, while their less fortunate brethren live in squalor. •
 MAJOR ISSUES OF PRISON IN INDIA
 Custodial Deaths - In 2015, a total of 1,584 prisoners died in jails. A large proportion of the deaths in custody
were from natural and easily curable causes aggravated by poor prison conditions. There also have been
allegations of custodial deaths due to torture.
 Underpaid and unpaid labour: Labour is extracted from prisoners without paying proper wages.
 Inadequate security measures and management: Poor security measures and prison management often leads to
violence among inmates and resultant injury and in some cases death.
 Condition of women prisoners: Women prisoners face number of challenges including poor nutritional intake,
poor health and lack of basic sanitation and hygiene. There are also alleged instances of custodial rapes which
generally go unreported due to the victims’ shame and fear of retribution.
 Discrimination: According to Humans Rights Watch, a “rigid” class system exists in the Indian prisons. There is
rampant corruption in the prison system and those who can afford to bribe, often enjoy luxuries in prison. On
the other hand, socio-economically disadvantaged prisoners are deprived of basic human dignity.
 Lack of reformative approach: Absence of reformative approach in Indian prison system has not only resulted in
ineffective integration with society but also has failed to provide productive engagement opportunities for
prisoners after their release.
 MEASURES TAKEN BY GOVERNMENT
 Modernization of Prisons scheme: The scheme for modernisation of prisons was launched in
2002-03 with the objective of improving the condition of prisons, prisoners and prison personnel.
Various components included construction of new jails, repair and renovation of existing jails,
improvement in sanitation and water supply etc.
 E-Prisons Project: The E-Prisons project aims to introduce efficiency in prison management
through digitization. The E-prisons project supplements the Prisoner Information Management
system (PIMS) which provides a centralized approach for recording and managing prisoner
information and generating different kinds of reports. The PIMS records Prisoner’s basic details,
family details, biometrics, photograph, medical details, prisoner case history, prisoner movements,
punishment details etc. The availability of these details on an electronic platform will be useful to
track the status of prisoners and smooth functioning of the prison system.
 Modern Prison Manual 2016: The manual provides detailed information about the legal services
(including free services) available to prison inmates. The Ministry of Home Affairs has issued an
advisory to all States and UTs informing them about the legal aid facility available to under-trial
prison inmates. • National Legal Services Authority: It has launched a web application recently to
facilitate the under trial prisoners with free legal services. The objective of the above application is
to make the legal services system more transparent and useful. All authorities will be able to
monitor the provision of legal aid to prison inmates. This will ensure that no prisoner goes
unrepresented, right from the first day of his production in the Court.
 MEASURES TAKEN BY GOVERNMENT
 Draft National Policy on Prison Reforms and Correctional Administration: Its key provisions
include:
1. Amending the Constitution to include principles of prison management and treatment of under
trials under DPSP and including prisons in concurrent list.
2. Enactment of uniform and comprehensive law on matters related to prisons. 3. A department of
Prisons and Correctional Services to be opened in each state 4. State shall endeavour to provide
alternatives to prisons such as community service, forfeiture of property, payment of compensation
to victims, public 5. State shall improve the living conditions
 MEASURES TAKEN BY GOVERNMENT

 Draft National Policy on Prison Reforms and Correctional Administration: Its key provisions
include:

1. Amending the Constitution to include principles of prison management and treatment of

under trials under DPSP and including prisons in concurrent list.
2. Enactment of uniform and comprehensive law on matters related to prisons.
3. A department of Prisons and Correctional Services to be opened in each state
4. State shall endeavour to provide alternatives to prisons such as community service, forfeiture
of property, payment of compensation to victims, public
5. State shall improve the living conditions
 PRISON REFORMS – BRIEF AND
OVERVIEW
• The history of prison establishments in India and subsequent reforms have been reviewed
in detail by Mahaworker (2006). A brief summary of the same is presented below. •
• The modern prison in India originated with the Minute by TB Macaulay in 1835. A
committee namely Prison Discipline Committee, was appointed, which submitted its
report on 1838. The committee recommended increased rigorousness of treatment while
rejecting all humanitarian needs and reforms for the prisoners. Following the
recommendations of the Macaulay Committee between 1836-1838, Central Prisons were
constructed from 1846. •
 PRISON REFORMS – BRIEF AND
OVERVIEW
• The contemporary Prison administration in India is thus a legacy of British rule. It is
based on the notion that the best criminal code can be of little use to a community unless
there is good machinery for the infliction of punishments. In 1864, the Second
Commission of Inquiry into Jail Management and Discipline made similar
recommendations as the 1836 Committee. In addition, this Commission made some
specific suggestions regarding accommodation for prisoners, improvement in diet,
clothing, bedding and medical care. In 1877, a Conference of Experts met to inquire into
prison administration. The conference proposed the enactment of a prison law and a draft
bill was prepared. In 1888, the Fourth Jail Commission was appointed. On the basis of its
recommendation, a consolidated prison bill was formulated. Provisions regarding the jail
offences and punishment were specially examined by a conference of experts on Jail •
• Management. In 1894, the draft bill became law with the assent of the Governor General
of India.
 PRISON ACT 1894
 It is the Prisons Act, 1894, on the basis of which the present jail management and administration operates in India. This Act
has hardly undergone any substantial change. However, the process of review of the prison problems in India continued even
after this. In the report of the Indian Jail Committee 1919-20, for the first time in the history of prisons, 'reformation and
rehabilitation' of offenders were identified as the objectives of the prison administrator. Several committees and commissions
appointed by both central and state governments after Independence have emphasised humanisation of the conditions in the
prisons. The need for completely overhauling and consolidating the laws relating to prison has been constantly highlighted.
 The Government of India Act 1935, resulted in the transfer of the subject of jails from the centre list to the control of
provincial governments and hence further reduced the possibility of uniform implementation of a prison policy at the
national level. State governments thus have their own rules for the day to day administration of prisons, upkeep and
maintenance of prisoners, and prescribing procedures. In 1951, the Government of India invited the United Nations expert on
correctional work, Dr. W.C. Reckless, to undertake a study on prison administration and to suggest policy reform. His report
titled 'Jail Administration in India' made a plea for transforming jails into reformation centers. He also recommended the
revision of outdated jail manuals. In 1952, the Eighth Conference of the Inspector Generals of Prisons also supported the
recommendations of Dr. Reckless regarding prison reform. Accordingly, the Government of India appointed the All India Jail
Manual Committee in 1957 to prepare a model prison manual. The committee submitted its report in 1960. The report made
forceful pleas for formulating a uniform policy and latest methods relating to jail administration, probation, after- care,
juvenile and remand homes, certified and reformatory school, borstals and protective homes, suppression of immoral traffic
etc. The report also suggested amendments in the Prison Act 1894 to provide a legal base for correctional work.
 MODERN PRISON MANUAL

The Committee prepared the Model Prison Manual (MPM) and presented it to the
Government of India in 1960 for implementation. The MPM 1960 is the guiding principle
on the basis of which the present Indian prison management is governed. • On the lines of
the Model Prison Manual, the Ministry of Home Affairs, Government of India, in 1972,
appointed a working group on prisons. It brought out in its report the need for a national
policy on prisons. It also made an important recommendation with regard to the
classification and treatment of offenders and laid down principles
 MULLA COMMITEE
• In 1980, the Government of India set-up a Committee on Jail Reform, under the
chairmanship of Justice A. N. Mulla. The basic objective of the Committee was to review
the laws, rules and regulations keeping in view the overall objective of protecting society
and rehabilitating offenders. The Mulla Committee submitted its report in1983
 THE KRISHNA IYER COMMITEE
• In 1987, the Government of India appointed the Justice Krishna Iyer Committee to
undertake a study on the situation of women prisoners in India. It has recommended
induction of more women in the police force in view of their special role in tackling
women and child offenders.
 SUBSEQUENT DEVELOPMENTS
• Supreme direction (1996) in Ramamurthy vs State of Karnataka to bring about uniformity
nationally of prison laws and prepCourtare a draft model prison manual, a committee was
set up in the Bureau of Police Research and Development (BPR&D). The jail manual
drafted by the committee was accepted by the Central government and circulated to State
governments in late December 2003. How many have acted on it is anybody's guess. As
in the case of the recommendations of the National Police Commission (1977), which had
sought the creation of a State Security Commission and • the promulgation of a new
Police Act to replace the 1861 enactment, implementing jail reform recommendations
rests with the States. The Home Ministry can do precious little if there is no political will
on the part of States to push through both police and prison reforms.
 SUBSEQUENT DEVELOPMENTS
• In 1999,a draft Model Prisons Management Bill (The Prison Administration
and Treatment of Prisoners Bill- 1998) was circulated to replace the Prison Act
1894 by the Government of India to the respective states but this bill is yet to
be finalized. In 2000, the Ministry of Home Affairs, Government of India,
appointed a Committee for the Formulation of a Model Prison Manual which
would be a pragmatic prison manual, in order to improve the Indian prison
management and administration. • The All India Committee on Jail Reforms
(1980-1983), the Supreme Court of India and the Committee of Empowerment
of Women (2001-2002) have all highlighted the need for a comprehensive
revision of the prison laws but the pace of any change has been disappointing
(Banerjea 2005). The Supreme Court of India has however expanded the
horizons of prisoner‟s rights jurisprudence through a series of judgments.
 JUSTICE AMITAVA ROY PANEL 2018
• In 2018 Supreme Court’s newly constituted Justice Amitava Roy panel will look into
various matters including over- crowding in prisons and the issues concerning women
prisoners. The apex court on August 27, 2018 had reserved its previous order on the issue
of constituting a committee to deal with issues pertaining to jails and suggest reforms.
The Supreme Court had taken a strong exception to overcrowding of jails across the
country and said prisoners also have human rights and cannot be kept like “animals”. The
SC had earlier passed a slew of directions over unnatural deaths in jails and on prison
reforms across India
 RECENT DEVELOPMENTS
• The Maharashtra government and Azim Premji Philanthropic Initiatives Pvt Ltd have
signed a MoU recently with an aim to work together to design, implement, monitor and
document a model programme to provide legal help to prisoners, especially under-trials. •
The initiative aims to help under-trials, who on merit, deserve bail, pending disposal of
their cases. It would also help unburden prisons that have inmates 30 per cent more than
their actual capacity. The state government has also entered into a partnership with Tata
Trusts to provide social workers in prisons.
 WAY FORWARD
• The issue of overcrowding in Indian jails requires an immediate attention. Sincere efforts
should be made to improve living conditions which include better sanitation and hygiene,
adequate food and clothing. • Efforts should be made to reform offenders in the social
stratification by giving them appropriate rehabilitation and correctional treatment.
Initiatives should be taken to impart vocational training to prisoners and ensure proper
rehabilitation and social inclusion after release. • The government must take initiative to
improve the conditions of under-trial prisoners which can achieved by speeding of the
trial procedure, simplification of the bail procedure and providing effective legal aid. • It
is also important to address the issue of inadequate prison management by recruiting more
prison staff, imparting proper training and undertaking modernization of prisons. • Issues
related to custodial violence and sexual abuse should be dealt with effective monitoring
and stringent punishments of those involved in such violence. • The concept of open
prisons should be encouraged more as a correctional facility.
 CONCLUSION
1. Prison constitute important institutions which protects the society from criminals. The
obstacles in prison reforms are resource allocation, deterrent functions of punishment,
notion of rehabilitation, and internal control.
2. To improve prison conditions does not mean that prison life should be made easy, it
means, it should be made humane and sensible
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