Know About The Prison Reforms In India

Prisons serve as a medium of correction and rehabilitation for offenders. They are where people serve their punishments for a crime they commit in society. The prisoners are kept away from society so they do not cause further trouble. In India, there are different types of prisons, including central jails, district jails, sub-jails, women’s jails, open jails, and special jails. Each type of prison serves a different purpose and houses the prisoners accordingly.

However, in the last few years, our prisons have started to encounter several issues, such as overcrowding, an unhygienic environment, a lack of basic amenities, and prolonged detentions. Therefore, prison reforms emerged as a critical issue that reflected the need for an overall change in our penal system. The prevalence of these issues not only violates the human rights of these prisoners but also impacts their rehabilitation.

In recognition of these issues, the Indian government established several committees, introduced certain legislations, and laid down guidelines that aimed to improve the conditions of prisons and ensure that these institutions serve their proper purpose. This article explores such initiatives and how they intend to change our prison system.

Following initiatives were taken by the Government to facilitate prison reforms:

• The Pakwasa Committee

This committee was made in the year 1949 to improve the condition of prisons in India. The main recommendation of the committee was to utilise the prisoners as labour for road work. This was to happen without any strict supervision on them. In addition to this, the prisoners were also entitled to receive wages for their labour.

This was the first committee to be set up, and its goal was to improve prison conditions. This committee laid the groundwork for further reforms and also influenced the work of other committees to some extent.

• All India Jail Manual Committee

The next significant step was the All-India Jail Manual Committee, established in 1957. Their objective was to prepare a comprehensive Model Prison Manual that would serve as a guideline for prison administration in the country. Their report, submitted in 1960, had several recommendations. One key recommendation focused on making a uniform policy for the administration of prisons and its related aspects.

• The All-India Committee on Jail Reforms (Mulla Committee)

The Mulla Committee was established by the Government of India in 1980 and was chaired by Justice A.N. Mulla. The committee functioned from 1980-1983. Their primary goal was to review existing laws, rules, and regulations related to prisons and suggest reforms to enhance rehabilitation and provide humane treatment of prisoners. Their final report was submitted in 1983, and some of the reforms suggested by this committee were:

1. The condition of the prisons should be improved in terms of clothing, sanitation, food, and ventilation.
2. Training should be given to prison staff. The committee also suggested the establishment of an all-India service called the Indian Prisons and Correctional Service for the recruitment of prison officials across the country.
3. Media and the general public should be allowed to visit the prisons. This will help the people get information regarding the situation inside. In return, this will help the prisons to improve their conditions constantly.
4. Initiatives should be taken to reduce the number of undertrial prisoners in prison. Moreover, they should be kept separately from the convicted prisoners.
5. The government should increase the spending on prisons to ensure that there are sufficient resources and funds.

• The Krishna Iyer Committee on Jail Reforms

This committee was also known as the National Expert Committee on Women Prisoners and was established in 1986 to focus on reforms in women’s prisons. The committee studied the women’s prisons comprehensively and submitted their report with the following recommendations:

1. Women prisoners should be informed of their rights.
2. Only women constables are allowed to conduct searches on women prisoners.
3. Checkups should be done on the women who are admitted to prisons.
4. Women should be allowed to keep their children with them up to 6 years of age. After that, the child will be handed over to the child welfare committee or any other designated institution.
5. A suggestion box is to be provided for women prisoners so that they can put their suggestions in it to improve the prison environment.

Model Prison Manual

In the case of Ramamurthy vs. the State of Karnataka (1996), the Supreme Court of India directed the Central and State Governments to formulate a new Model Prison Manual. Earlier, a manual was made in 1960, and it was in use, but a need was felt for a more comprehensive guide. Therefore, the new Model Prison Manual was made in 2003 by the All-India Model Prison Manual Committee, which circulated this to all the state governments and Union territories so they could adopt it. The manual had guidelines for the effective management and administration of prisons.

It was prepared after widescale recommendations and consultation with various stakeholders and state governments.

The manual suggested focusing more on rehabilitation than on punishment. It also advocated for the rights of the prisoner in terms of food, clothing, and healthcare and provided for increased community participation. However, this system faced its challenges.

Then, in 2016, the government took the initiative to update the 2003 manual. The manual included the use of technology in prisons to reintegrate and rehab prisoners, educational programs, and virtual meetings. It had dedicated chapters that focused on legal aid, medical care, and the welfare of prisoners. States were advised to adopt this manual so that there could be uniformity in the basic principles that govern our prisons. Flexibility to modify the manual was given per their local conditions.

Justice Amitava Roy Committee on Prison Reforms

This committee was established in 2018 by the Supreme Court of India to address issues with the prison systems. The committee studied the challenges associated with prisons, like overcrowding, prison management, etc., and submitted their report in 2022 with the following recommendations:

1. The prisons should have suicide-proof barracks with collapsible material, which could prevent suicide.
2. Special fast-track courts should be established to deal with certain categories of cases. This will ensure that the number of undertrial prisoners is reduced.
3. Both the new and existing inmates should be given Ayushman cards.
4. Vacancies should be filled in the prison departments

Model Prisons and Correctional Services Act, 2023

The Ministry of Home Affairs prepared a ‘Model Prisons and Correctional Services Act’ in 2023. The act is an attempt by the government to cover all aspects of prison in one document. It has all the provisions needed for the reformation, rehabilitation, and integration of prisoners into society.

Further, the act provides for the use of technology in all prisons to increase security, provisions for parole, remission to prisoners for good conduct, and mental well-being of prisoners and focuses on reformation and rehabilitation.

Conclusion

In this article, we read about various committees, acts, and manuals that were explicitly made to reform our prison systems. However, significant challenges still exist in implementing these reforms. While the Union Government is providing all the help to the States and Union Territories, there exists a gap between implementing these guidelines.

Even the country’s apex court has repeatedly emphasised the need for such reforms, but compliance with these guidelines remains an issue. As we move forward, we need to carefully monitor these initiatives and whether there have been any changes in the system yet.