In India, Prison reform has become a topic of great concern in many countries
around the world due to the high rates of incarceration and the harsh conditions
of confinement. This article discusses the need for prison reform and highlights
some of the key issues that need to be addressed in order to improve the
conditions of confinement and reduce recidivism rates.
The article explores the
various approaches that have been taken to prison reform, including the
development of alternatives to imprisonment, the provision of education and job
training programs, and the implementation of mental health and substance abuse
treatment programs.
The article also examines the role of the criminal justice
system in promoting or hindering prison reform efforts and discusses the
importance of collaboration between government agencies, non-governmental
organizations, and community stakeholders in achieving meaningful change.
Finally, the article concludes with a discussion of the challenges that continue
to impede progress in prison reform and the need for sustained advocacy and
action to bring about lasting change.
Introduction:
Prison reforms in India have long been a topic of discussion and debate. Over
the years, several efforts have been made to bring about changes in the prison
system, but the progress has been slow. The prison system in India is notorious
for its overcrowding, poor conditions, and human rights violations. However, in
recent years, there have been some positive developments in terms of prison
reforms, and there is hope for significant changes in the future.
One of the biggest challenges facing the prison system in India is overcrowding.
According to the National Crime Records Bureau (NCRB), as of December 2019, the
total number of prisoners in India was 4,78,600 against the total capacity of
3,77,000. This means that the occupancy rate was around 127%. Overcrowding can
lead to several problems, including poor living conditions, lack of hygiene, and
increased risk of disease outbreaks. In addition, overcrowding can also result
in increased violence and tension among prisoners, leading to further security
concerns.
To address this issue, the government has taken several steps in recent years.
One of the most significant developments has been the use of technology to
reduce the number of under-trial prisoners. The use of video conferencing for
court hearings has been introduced in several states, which has helped to reduce
the number of prisoners who are held in custody for long periods without trial.
The government has also introduced several schemes to provide legal aid to
prisoners, especially those who are economically disadvantaged. These measures
are expected to reduce the number of under-trial prisoners and improve the
overall living conditions in prisons.
History:
Prison reform in India has been a long-standing process, with various efforts
being made over the years to improve the conditions of prisons and the treatment
of prisoners. Here is a brief history of prison reform in India:
Pre-Independence Era:
During British rule, prison conditions in India were deplorable. British
administrators believed in harsh punishment and sought to use prisons as a means
of deterrence. Indian leaders such as Mahatma Gandhi and Jawaharlal Nehru,
however, advocated for the humane treatment of prisoners and called for prison
reform. The Indian National Congress included prison reform as one of their key
demands in the Indian Penal Code (IPC) in 1920.
Post-Independence Era:
After India gained independence in 1947, the Indian government began
implementing various measures to improve the conditions of prisons and the
treatment of prisoners. In 1952, the first All India Jail Manual Committee was
formed, which recommended the classification of prisoners based on their
offense, the provision of medical care, and vocational training for inmates. The
committee also recommended the appointment of social workers, psychologists, and
probation officers to improve the conditions of prisoners and prepare them for
reintegration into society.
In 1980, the Supreme Court of India passed a landmark judgment in the case of
Sunil Batra v. Delhi Administration, which highlighted the deplorable conditions
of prisons and called for prison reform. The judgment laid down various
guidelines for the treatment of prisoners, including the right to humane
treatment, access to medical care, and the provision of legal aid.
Recent Years:
In recent years, the Indian government has taken various steps to implement
prison reform. In 2016, the Ministry of Home Affairs released the Model Prison
Manual, which aimed to standardize prison management and improve the conditions
of prisons. The manual laid down guidelines for the classification of prisoners,
the provision of medical care, and the promotion of vocational training and
education among inmates.
In 2018, the government launched the Prisons Development Fund to improve prison
infrastructure and modernize prison management. The fund aims to provide
financial assistance to states for the construction of new prisons and the
upgradation of existing ones.
The Prisons Act Of 1894:
The Prisons Act of 1894 is a legislation that governs the administration and
management of prisons in India. It was enacted during the British colonial rule
and has been in force since then, with several amendments made over the years.
The Act lays down provisions related to the classification of prisoners, their
treatment, and the establishment and maintenance of prisons. It also provides
for the appointment of various officials responsible for the management of
prisons, such as the Inspector General of Prisons, Superintendents, and Wardens.
The Act also makes provisions for the welfare of prisoners, including their
health and hygiene, food, clothing, and accommodation. It outlines the
procedures for the release of prisoners and provides for the establishment of
parole boards. The Prisons Act, 1894, continues to be an important legislation
in India, and its provisions are regularly reviewed and updated to ensure that
they are in line with the changing needs of the society and the evolving
principles of human rights.
International Legislations:
The Universal Declaration of Human Rights:
International legislation refers to laws and agreements that are created and
enforced by multiple countries or international organizations. These laws are
designed to establish standards of behavior and protect the rights of
individuals and groups around the world.
One of the most significant international legislations is the Universal
Declaration of Human Rights (UDHR), which was adopted by the United Nations
General Assembly in 1948. The UDHR establishes a set of basic human rights that
are universal and inalienable, including the right to life, liberty, and
security of person, freedom of speech and religion, and protection from
discrimination.
Declaration On Protection From Torture,1975:
The Declaration on Protection from Torture, adopted by the United Nations
General Assembly in 1975, is a document that affirms the absolute prohibition of
torture and other cruel, inhuman or degrading treatment or punishment. The
declaration defines torture as any act by which severe pain or suffering,
whether physical or mental, is intentionally inflicted on a person for purposes
such as obtaining information or a confession, punishing, intimidating, or
discriminating against them.
The Declaration emph-asizes the importance of protecting individuals from
torture and upholding their human dignity, regardless of any circumstances, such
as war, emergency situations, or public safety concerns. It also recognizes that
no exceptional circumstances, including political instability or national
security, can justify torture or cruel treatment.
Furthermore, the Declaration obligates states to take effective measures to
prevent and combat torture within their territories and to ensure that any
allegations of torture are thoroughly investigated and punished accordingly. It
also calls for the provision of effective and adequate medical treatment,
rehabilitation, and compensation to victims of torture.
Overall, the Declaration on Protection from Torture is an important
international human rights instrument that reinforces the universal prohibition
of torture and aims to promote its eradication worldwide
Convention Against Torture And Other Cruel In Human Or Degrading Treatment:
The Declaration on Protection from Torture, adopted by the United Nations
General Assembly in 1975, is a document that affirms the absolute prohibition of
torture and other cruel, inhuman or degrading treatment or punishment. The
declaration defines torture as any act by which severe pain or suffering,
whether physical or mental, is intentionally inflicted on a person for purposes
such as obtaining information or a confession, punishing, intimidating, or
discriminating against them.
The Declaration emphasizes the importance of protecting individuals from torture
and upholding their human dignity, regardless of any circumstances, such as war,
emergency situations, or public safety concerns. It also recognizes that no
exceptional circumstances, including political instability or national security,
can justify torture or cruel treatment.
Furthermore, the Declaration obligates states to take effective measures to
prevent and combat torture within their territories and to ensure that any
allegations of torture are thoroughly investigated and punished accordingly. It
also calls for the provision of effective and adequate medical treatment,
rehabilitation, and compensation to victims of torture.
Overall, the Declaration on Protection from Torture is an important
international human rights instrument that reinforces the universal prohibition
of torture and aims to promote its eradication worldwide
Need For Prison Reforms:
India's prison system is in dire need of reform. The conditions in Indian
prisons are often overcrowded, unsanitary, and unsafe, and prisoners are often
subjected to abuse and neglect.
There are a number of reasons why prison reform is necessary in India:
- Overcrowding:
One of the most pressing issues facing Indian prisons is overcrowding. Many
prisons in India are filled to capacity, and in some cases, even beyond
capacity. This not only puts a strain on resources, but also makes it
difficult to ensure the safety and well-being of prisoners.
- Inhumane Conditions:
In many Indian prisons, the living conditions are inhumane. Prisoners are
often kept in cramped cells, with little access to fresh air or natural
light. Sanitation is often poor, and medical care is often inadequate.
- Lack of Rehabilitation:
Another issue facing Indian prisons is the lack of rehabilitation programs
for prisoners. In many cases, prisoners are simply warehoused in overcrowded
cells, with little opportunity to learn new skills or prepare for life
outside of prison.
- Corruption:
Corruption is a pervasive problem in Indian prisons, and it can have serious
consequences for both prisoners and staff. Bribery and other forms of
corruption can lead to overcrowding, poor conditions, and a lack of
resources.
- Mental Health:
Mental health is often overlooked in Indian prisons, and prisoners with
mental health issues are often neglected or mistreated. This can lead to
further deterioration of their mental health, making it more difficult for
them to reintegrate into society once they are released.
Overall, there is a need for comprehensive prison reform in India to ensure that
prisoners are treated humanely, have access to rehabilitation programs, and are
able to reintegrate into society once they are released.
Challenges In Prison Reforms:
One of the biggest challenges in prison reform in India is overcrowding. The
country's prisons are notoriously overcrowded, with many operating at over 150%
of their capacity. This leads to poor living conditions, inadequate access to
healthcare and education, and a higher risk of violence and disease.
Additionally, there is a lack of rehabilitation programs for prisoners. The
focus in many prisons is on punishment rather than rehabilitation and education,
which often leads to recidivism rates and a cycle of crime.
Another challenge is the treatment of underprivileged and marginalized
communities, who are often disproportionately represented in the prison
population. These individuals may face discrimination and inadequate access to
legal resources, leading to a higher likelihood of wrongful convictions and
unfair sentencing.
Finally, there is a lack of transparency and accountability in the prison
system. Reports of corruption, abuse, and human rights violations have surfaced,
and it is often difficult to hold prison officials accountable for their
actions.
Addressing these challenges will require a comprehensive approach that includes
investing in infrastructure and resources, implementing rehabilitation programs,
addressing systemic inequalities, and promoting transparency and accountability.
Nhrc Report:
The National Human Rights Commission (NHRC) of India released a report in 2021
on prison reform, highlighting the need for systemic changes to improve the
conditions of prisoners and protect their human rights. The report recognized
the overcrowding and underfunding of prisons as major issues that need to be
addressed. It also called for the implementation of alternative forms of
punishment, such as community service and restorative justice, to reduce the
burden on prisons.
The NHRC recommended various measures to improve the healthcare, sanitation, and
nutrition of prisoners, as well as their access to education and vocational
training. The report also stressed the importance of ensuring that women and
children in prisons are protected from abuse and exploitation. Overall, the NHRC
report provided a comprehensive roadmap for prison reform in India, urging the
government to take concrete steps to address the systemic problems in the prison
system and uphold the rights of prisoners.
Prisoners Rights:
Under the Indian Constitution, the fundamental rights of every citizen are
protected, even if they are in prison. Article 21 of the Constitution states
that "no person shall be deprived of his life or personal Liberty except
according to procedure established by law."
Furthermore, the Constitution guarantees certain rights to prisoners as well,
including:
- Protection against torture and inhuman treatment:
Article 20(3) and Article 21 of the Constitution prohibit torture and
inhuman treatment of prisoners
- Right to legal representation:
Article 22(1) of the Constitution states that every person who is arrested
and detained shall have the right to consult and be defended by a legal
practitioner of his choice.
- Right to humane conditions of detention:
Article 21 of the Constitution provides that every person, including
prisoners, has the right to live with dignity and be treated with humanity.
- Right to speedy trial:
Article 21 of the Constitution guarantees the right to a speedy trial to
every person, including prisoners.
- Right to communication with the outside world:
Article 21 of the Constitution provides that every person, including
prisoners, has the right to communicate with the outside world.
- Right to education and rehabilitation:
Article 21A of the Constitution guarantees the right to education to every
child, including children of prisoners. Additionally, Article 21 of the
Constitution provides that every person, including prisoners, has the right
to rehabilitation.
It is important to note that while prisoners do have rights under the Indian
Constitution, these rights may be restricted or limited to ensure the safety and
security of the prison and its inhabitants.
Committee And Suggestions On Jail Reforms:
All India committee report on jail reform (Mulla Committee)
Mulla committee report for prison reform the Mulla Committee, have conducted a
thorough study and analysis of the current state of prisons in our country. Our
findings indicate that the current system is in dire need of reform to ensure
that the prisons serve their intended purpose of rehabilitating offenders and
facilitating their successful reintegration into society.
Firstly, we recommend the implementation of educational and vocational training
programs to help prisoners acquire skills that can help them secure employment
upon their release. Such programs have been shown to reduce recidivism rates
significantly, and we believe they are essential for the success of any prison
reform efforts.
Secondly, we recommend the establishment of mental health facilities within
prisons to address the mental health needs of prisoners. This includes providing
access to counseling and therapy sessions for inmates who may be struggling with
mental health issues such as anxiety, depression, and PTSD.
Thirdly, we propose the expansion of visitation rights for prisoners to allow
for more frequent visits from family and friends. This is essential for
maintaining the mental health and well-being of prisoners and reducing the
feelings of isolation that often accompany incarceration.
Fourthly, we suggest the adoption of restorative justice practices to help
offenders take responsibility for their actions and make amends to the victims
of their crimes. This can be done through mediation, dialogue, and community
service.
Finally, we recommend the establishment of an independent oversight body to
monitor and evaluate the conditions in prisons regularly. This body should be
empowered to investigate complaints from prisoners and ensure that the rights
and dignity of prisoners are protected.
The krishna lyer Committee on Jail Reforms:
Justice V.R. Krishna Iyer was a well-known Indian jurist and social activist who
was known for his efforts towards prison reform in India. In 1987, Justice
Krishna Iyer headed a committee to study the condition of prisons in India and
to suggest measures for their improvement. The committee's report, titled
"Report on the Committee on Jail Reforms", was submitted to the government of
India in 1987.
The report highlighted the inhumane conditions prevailing in Indian prisons,
such as overcrowding, lack of proper medical facilities, poor sanitation, and
rampant corruption. It also emphasized the need for a more humane and
rehabilitative approach to the treatment of prisoners.
The committee's recommendations included:
- Reducing overcrowding in prisons by setting up more correctional
institutions, increasing the number of parole and furlough cases, and
releasing under-trials on personal bonds.
- Providing better medical facilities in prisons and ensuring regular
medical check-ups for prisoners.
- Improving the quality of food and drinking water provided to prisoners.
- Providing education and vocational training to prisoners to enable them
to earn a livelihood after their release.
- Setting up separate facilities for women prisoners and juveniles.
- Improving the conditions of prison staff, including better salaries and
training.
- Encouraging the involvement of non-governmental organizations (NGOs) in
prison reform activities.
Overall, the committee's report emphasized the need for a more humane and
rehabilitative approach to prison reform in India. Its recommendations served as
a blueprint for subsequent efforts towards prison reform in the country.
In My Opinion:
Prison reform is a critical issue in India that requires urgent attention from
policymakers and society. The current prison system in India is plagued by
several issues, including overcrowding, inadequate infrastructure, and poor
living conditions, which make it challenging to achieve the intended goals of
rehabilitation and reformation
One of the primary arguments for prison reform in India is the need to address
the problem of overcrowding. Indian prisons are often severely overcrowded, with
inmates living in cramped and unsanitary conditions that pose significant risks
to their physical and mental health. This overcrowding also makes it difficult
to provide adequate healthcare, food, and other basic necessities to inmates,
leading to a violation of their human rights.
Another argument for prison reform in India is the need to improve the quality
of life for inmates. Many prisoners in India suffer from mental health issues,
drug addiction, and other health problems, which often go untreated due to the
lack of healthcare facilities and trained personnel in prisons. Providing better
healthcare and counseling services, along with educational and vocational
training, can help inmates to rehabilitate and reintegrate into society.
Moreover, prison reform in India is crucial to address the problem of wrongful
convictions and the abuse of power by law enforcement agencies. Many people in
India are incarcerated without a fair trial, due to the lack of resources,
corruption, and systemic biases in the criminal justice system. Reforms such as
strengthening legal aid services, implementing technology-based systems for
monitoring inmates, and increasing the accountability of law enforcement
agencies can help to address these issues
In
Hussainara Khatoon vs. Home Secretary[1], Bihar, the Supreme Court has
held that it is the Constitutional right of every accused person who is unable
to engage a lawyer and secure legal services on account of reasons such as
poverty, indigence or incommunicado situation, to have free legal services
provided to him by the state and the state is under Constitutional duty to
provide a lawyer to such person if the needs of justice so require. If free
legal services are not provided the trial itself may be vitiated as contravening
the Article 21.
Charles Sobraj v. The Suptd., Central Jail [2], Tihar, 1978:
- Opined that "imprisonment does not spell farewell to fundamental
rights".
- Overcrowded jails are a violation of the human rights of
prisoners guaranteed under Article 21 of the Constitution.
Sunil Batra v. Delhi Administration[3] (1978): The Supreme Court held
that prisoners are entitled to all fundamental rights which are consistent with
their incarceration. Emphasizing the need for humane treatment of prisoners and
protection of their basic human rights, the Supreme Court in Sunil Batra II
(1983), observed: (a) "Fundamental rights do not flee the persons as he enters
the prison although they may suffer shrinkage necessitated by incarceration.";
(b) The SC outlined the substantive and procedural rights to which the prisoners
are entitled; (c) "Pushing the prisoner into a solitary cell, denial of
necessary amenities, transfer to a distant prison where visits or society of
friends or relations may be snapped, allotment of degrading labour, assigning
him to a desperate or tough gang and the like, may be punitive in effect. Every
such affiliation or abridgment is an infraction of liberty or life in its wider
sense and cannot be sustained.
In
Rama Murthy v. State of Karnataka[4] (1997) case, the Supreme Court
identified nine issues concerning prisons, such as overcrowding, trials being
delayed, the torture and ill-treatment of prisoners, neglect of health and
hygiene, insubstantial food and inadequate clothing. In 2013, after nearly two
decades, the apex court expressed regret (W. P. No.406/2013) about the fact that
most of these problems remained unresolved. With Ramkumar's death, the context
may be new but the increasing number of unnatural deaths is gravely concerning,
as ex-chief justice L. R. Lahoti pointed out. The court lamented that prisoners
are "kept under conditions that are unacceptable".
Prison reform in India has been an ongoing issue for several decades, with the
aim of improving the conditions of prisoners and reducing overcrowding. Here are
some notable cases of prison reform in India:
Charles Sobhraj:
Charles Sobhraj is a French serial killer who was convicted of murder in India
and sentenced to life imprisonment in 2004. However, he was able to manipulate
the Indian prison system and enjoy a relatively comfortable life in jail,
including access to drugs and mobile phones. In 2010, the Supreme Court of India
ordered an investigation into his privileged treatment and the findings led to
significant reforms in the country's prison system.
Kiran Bedi:
Kiran Bedi is a retired Indian Police Service officer who served as the
Inspector General of Prisons in Delhi in the late 1990s. During her tenure, she
implemented several reforms to improve the conditions of prisons, including
providing vocational training and education to inmates, improving hygiene and
sanitation, and introducing meditation and yoga programs.
Solitary confinement:
In 2016, the Supreme Court of India issued guidelines on the use of solitary
confinement in prisons, which had been widely used as a form of punishment. The
court ruled that solitary confinement can only be used as a last resort and only
for a limited period of time. It also mandated that regular medical and
psychiatric evaluations be conducted for prisoners in solitary confinement.
In 2017, the Supreme Court of India ordered all states to implement prison
reforms, including improving living conditions, access to medical care, and
legal aid for inmates.
In 2018, a report by the National Human Rights Commission (NHRC) found
widespread human rights abuses in Indian prisons, including overcrowding,
inadequate food and medical care, and physical and sexual abuse by guards.
In 2019, the NHRC ordered an investigation into the death of an undertrial
prisoner in a jail in Delhi. The prisoner had allegedly been subjected to
torture and mistreatment by jail officials.
In 2020, the Delhi High Court ordered an inquiry into the alleged custodial
death of a man in Tihar Jail, one of India's largest prisons. The man had been
arrested for allegedly violating the nationwide COVID-19 lockdown.
In 2021, the Maharashtra government announced plans to release around 50,000
prisoners on parole or bail in an effort to reduce overcrowding and prevent the
spread of COVID-19 in prisons.
In the same year, the Kerala government launched a project to convert old jails
into museums, aimed at highlighting the need for prison reform and educating the
public about the history of incarceration in India.
Conclusion
Prison reform in India is a complex and multi-faceted issue that requires urgent
attention from policymakers, civil society organizations, and other
stakeholders. Despite several initiatives taken by the government to improve the
condition of prisons and ensure the rights of inmates, much remains to be done
to address the systemic issues that plague the Indian prison system. These
include overcrowding, poor hygiene, inadequate healthcare facilities, lack of
legal aid, and high rates of undertrial detention.
To bring about meaningful change, it is crucial to engage in a holistic approach
that encompasses both short-term and long-term solutions. This could involve
investing in infrastructure and personnel, training and capacity building for
prison staff, introducing alternative forms of sentencing, promoting
community-based corrections, and ensuring greater transparency and
accountability in the justice system. Additionally, there needs to be a
concerted effort to address the social and economic factors that contribute to
crime and recidivism in the first place.
Overall, prison reform in India is a vital issue that deserves sustained
attention and action. By working towards creating a more just, humane, and
effective prison system, we can help to ensure that all individuals, regardless
of their background or circumstances, are treated with dignity and respect, and
given the opportunity to reintegrate into society as productive and responsible
citizens.
These cases highlight the urgent need for prison reform in India, and the
importance of addressing issues such as overcrowding, abuse, and lack of access
to basic rights and services for inmates.
End-Notes:
-
https://www.legalservicesindia.com/article/1616/Role-of-Judiciary-in-Protecting-the-Rights-of-Prisoners.html
- https://www.ias4sure.com/wikiias/gs2/prison-reforms/
- https://blog.forumias.com/issues-related-to-prisons-and-prison-reforms-explained-pointwise/
- https://thewire.in/rights/why-we-all-need-a-reminder-about-prisoners-rights
Award Winning Article Is Written By: Mr.Aditya Raj - Amity University, Patna
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