The main aim of reforming the Prisoners through Prison reforms is to transform
them into a genuine and law abiding person. Reformation of prisoners
predominantly aims to tackle the root cause of the criminal behavior and to
extend opportunities for Rehabilitation and Reintegration in the society.
Measures to reform criminals may entails multifarious approach which goes beyond
punitive actions, the impact of penal actions not only affects the criminals it
has immense effect on their family and society as well.
Before the British era the treatment towards the criminals were incorrigible in
nature whereas during the British period Criminal Laws came into force still the
attitude towards the criminals remained the same that is in punitive form, after
Independence there is a change in the attitude towards the criminals, and
various committees were enabled from which there was transformation from
punitive to therapeutic and corrective measures, presently criminals are
employed and provided with wages which might help them to reform inside as well
as outside the prison, their mental health is also addressed to reduce their
criminal behavior.
Hence the Prison administration has to change along with the
society, because of the societal pressure and economic issues people tend to do
crimes. So the reformation has to be done to the criminals by the Prison and
through the society.
Introduction:
Measures to reform criminals may entails multifarious approach which goes beyond
punitive actions, the impact of penal actions not only affects the criminals it
has immense effect on their family and society as well. The aim of reforming
them through prison reforms is to transform them into a genuine and law abiding
person. Reformation of prisoners predominantly aims to tackle the root cause of
the criminal behavior and to extend opportunities for Rehabilitation and
Reintegration in the society.
Before the British era the treatment towards the criminals were incorrigible in
nature whereas during the British period Criminal Laws came into force still the
attitude towards the criminals remained the same that is in punitive form, after
Independence there was a change in the attitude towards the criminals, and
various committees were enabled from The Reckless Report 1951, Mulla Committee,
All India Jail Manual Committee and furthermore from which induced the
transformation from punitive to therapeutic and corrective measures and gave
rise to Alternative punishments, based on their good behavior they are awarded
Probation and Parole and now they are also bestowed with learning and acquiring
skills to equip them with secure employment.
Criminals are employed and provided with wages which might help them to reform
inside as well as outside the prison, their mental health is also addressed to
reduce their criminal behavior. Enforcing measures for rehabilitation focuses on
Education, Mental health support, Vocational training etc. to reduce their
recidivism and so they could reform and rehabilitate.
Using deterrent measures might not prevent crime but it should transform the
criminal that is effective only through reformation, whereas the society
believes that punishment will enable the people to maintain peace law and order
in the state, instead penalization makes the prisoners to undergo torture,
cruelty and harassment in prisons which would violate his basic rights. The
transformation of criminals will be attained only through reformative measures
since crime is linked with the emotional, physical, psychological factors and
economical condition of the accused.
Background of Prisons:
In the ancient India people committing an offence were punished brutally by
twisting them chopping of their limbs, whipping methods were used, when East
India Company invaded India they were least interested in focusing on jail
improvements and they followed the method of deterrence, it was under the
efforts of Macaulay the criminal laws were formed like IPC came into force.
Later a committee was established in 1836 to report about the conditions of the
state of Prison and to recommend steps to imply, whereas this committee
recommended steps to eradicate the process of reformation and suggested the
prisoners to do hard labour in construction of central prisons which would make
the prisoner weary and in order to be released they had to do immense labour,
they thought that giving the labour works would make them lose their enjoyment
and they would want to run away from those circumstances and they might not
indulge in crime again. Later many committees was appointed and various acts
came into force to change the conditions of the Prison.
Recommendations of the committees and reports:
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Jail committees:
The second jail committee was established in the year 1864, suggested for better clothing, food and minimal shelter space for the prisoners in the prison and to provide them standard medical check-up for the convicts, the third jail committee was established in the year 1877, it was ineffective but the reports submitted by this committee led to the enforcement of the Prisons Act 1894.
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Reckless report:
Subsequent to the Independence of India the government of India made an initiative to improve the prisons through reforms therefore invited an expert of UNO, Dr. Reckless in the year 1951, to recommend steps for prison administration and policy reforms, he recommended to convert the jails into a reformative centre and submitted his report on the title "Jail Administration in India" and furthermore he also recommended modification in outdated laws Some of his recommendation are as follows;
- The getting out of juvenile delinquent's from adult criminals.
- The development of whole time probation and after care services
- Revision of jail manuals, training programmes for the wardens and superior staff of prisons.
- Suggested an establishment of an Advisory Bureau for correction administration for care and treatment of juveniles and adult offenders.
- Establishment of integrated departments in jails, borstals, probation and after care.
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Mulla Committee:
This committee was established in the year 1980 under Justice A.N.Mulla as the chairman in order to conduct a detailed study on the conditions of the prison and to review the laws, rules and regulation and to protect the offenders in rehabilitating and reintegrating into the society.
- Recommended implementation of education and vocational training programs for prisoners to acquire skills which would help them to secure employment upon the release to reduce their recidivism.
- Recommended for the establishment of mental health centres and facilities within prison to address their mental health needs of prisoners to include counselling, therapy sessions for inmates who are struggling with anxiety, depression and post-traumatic stress disorder issues.
- Thirdly they proposed the expansion of visitation rights of prisoners, to allow more visits from friends and family to maintain prisoner's mental health and well-being to reduce the feeling of isolation.
- They recommended the adoption of restorative justice practices to help offenders take responsibility for their actions and make amends to the victims of crime by way of mediation, communication, community service and through compensation.
- Recommended the establishment of an independent body, to monitor and evaluate the condition of prisons regularly. To empowered to investigate the complaints from prisoners and ensure that their rights and dignity are protected.
- They also recommended the government to provide enough funds and resources for prison reforms.
- This committee also suggested to implement modernization of prisons in India by protecting the society through rehabilitation of offenders.
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Krishna Iyer Committee:
In the year 1987 the Government of India appointed this committee under Justice Krishna Iyer to carry out a study on the issues and difficulties faced by the women prisoners in India.
- They recommended enormous women police force in order to control child and women offenders.
- This committee also highlighted the need for the better facilities and support for women and child convicts in the prison system.
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Malimath committee:
This committee deals with reforms in criminal justice system, it was constituted in the year 2003 and reviewed under Justice V.S Malimath, consisting 150 reform measures.
Some of the suggestions made by the committee are as follows:
- They suggested the borrowing of inquisitorial system from Germany and France where the courts should be given authority to call anyone to represent for the questioning if it is deemed necessary.
- The committee recommended that there should be a schedule for the code consisting the rights of the accused to be published in all languages so that accused are aware of their rights.
- They recommended to provide justice to the victims of crime to be compensated adequately and to establish a statute for victim compensation, in case if the victim is unable to afford the expense of the case to represent in the court, they should appoint a legal representative.
- Malimath committee also recommended arrears of eradication schemes to deal with the cases which are endured for more than 2 years and a committee should be established, these cases to be dealt by the Lok Adalat and no adjournment should be provided to these cases.
- They also recommended to improve the quality of police investigation.
From the Mulla committee various committees have been established and
recommended various reforms whereas most of them haven't been implemented the
Supreme Court and the High Courts have been emphasizing recommendations again
and again yet the Government has turned blind and deaf to these reforms where
prisoners are the ones who lack correctional in reformative treatment.
International legislations:
When discussing the reformation of criminals in Prison from an international
perspective, there isn't a specific set of case laws like in traditional legal
systems. Instead, various international human rights treaties and conventions
address the rights of prisoners and standards for their treatment. These
include:
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Universal Declaration of Human Rights (UDHR): Article 5 states that "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment." This principle encourages efforts to ensure humane treatment and rehabilitation of prisoners.
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International Covenant on Civil and Political Rights (ICCPR): Article 7, 10 emphasizes the freedom from inhumane degrading treatment or punishment and inherent dignity of individuals deprived of their liberty and calls for the treatment of prisoners with respect for their humanity.
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Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT): The treaty prohibits torture and other cruel, inhuman, or degrading treatment or punishment, which includes the obligation to provide rehabilitation for victims of torture.
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Standard Minimum Rules for the Treatment of Prisoners (SMR): Also known as the Nelson Mandela Rules, these guidelines outline principles for the treatment of prisoners, including provisions for education, vocational training, and rehabilitation programs.
While these international instruments provide frameworks for the treatment and
reformation of prisoners, specific cases and interpretations may vary across
different jurisdictions and contexts. Additionally, countries may have their own
domestic laws and practices governing the reformation of criminals in their own
state.
Case laws:
While there aren't specific case laws regarding the reformation of criminals in
Prison on an International perspective, individual countries may have relevant
cases that illustrate principles of rehabilitation and reformation within their
legal systems. Here are a few examples from different jurisdictions:
- R v. Smith (UK): This case highlights the importance of rehabilitation in sentencing. The Judge may consider a defendant's potential for rehabilitation and may impose a sentence that includes provisions for treatment, education, or other programs aimed at reforming the individual.
- Roper v. Simmons (U.S.A.): In this example, the U.S. Supreme Court ruled that executing individuals who were under 18 at the time of their crimes violated the Eighth Amendment prohibition on cruel and unusual punishment. The decision reflected evolving standards of decency and recognized the potential for rehabilitation and change, particularly in young offenders.
- Minister of Correctional Services v. Wesenhagen (South Africa): This case addressed the rights of prisoners to access rehabilitation programs and highlighted the obligation of correctional authorities to provide opportunities for inmates to reform and reintegrate into society.
- Bouamar v. Belgium: this case emphasized the right of prisoners to have access to rehabilitation programs and education opportunities during their incarceration, emphasizing the importance of reformation in the context of human rights.
These cases illustrate how the principles of rehabilitation and reformation are
integrated into different legal systems and underscore the importance of
considering the potential for change and redemption when dealing with
individuals who have committed crimes.
Indian legislations:
The Constitution of India:
It is the Supreme law of the land the fundamental rights are granted to all the
citizens of India these rights are also available to the prisoners as well, such
as:
Article 14- provides the right to be treated equally, Article 19-providing
protection on rights like freedom of speech and expression, Article 21-granting
protection of life, liberty and personal security to the prisoners, right to
privacy, right against self-incrimination. There are also other rights like
right against solitary confinement, and bar fetters, handcuffing, right to
health and medical treatment, right to speedy trial. Right to legal aid under
article 39A in DPSP etc. in the Case of:
- State of Andhra Pradesh v/s Challa Ramkrishna Reddy: It was held that the
Fundamental Rights are entitled to the Prisoners as well, unless it's curtailed
by the Constitution.
- Sunil Batra v/s Delhi administration: The Court held that solitary
confinements should be granted only in exceptional cases where the prisoner
would cause violence or nature is severe, they should be separated only when
it's necessary. And also pointed that confining in bar fetters would lead to
worsen the mental health of the prisoner besides it is a dehumanising treatment.
Rights to Privacy:
It is a most significant right which is granted to the citizens this right falls
under the right to life and liberty which also available to the prisoners this
right to privacy can be available during the process of search and seizure were
its does not cause any harm to the individuals property and hence its not
violative of Article 19(1)(f). The right to privacy of prisoners is dealt in the
case of
Rahmath Nisha v. Additional Director General of Prisoner and Others.
Where the accused was granted leave to visit his wife due to severe illness by
the time they reached home along with the police escort his wife was in ICU but
They neglected to accompany the accused to visit his wife in the hospital , it
was held in the Madras High Court that the prisoner can be allowed to visit his
wife in hospital without being monitored, since they would share emotional bonds
and physical expression so they should be granted right to privacy and should be
treated with dignity.
Right to Speedy Trial:
The right to speedy trial is guaranteed to all the prisoners it is considered to
be a main part of criminal justice system, every accused has the right to speedy
trial without any delay or pendency it is under the Crpc section 309, it is a
human right, it violates the right of an individual if it is delayed as per it
is said that, justice delayed is justice denied. In case of
Hussainara Khatoon
v. Home Secretary, St of Bihar, 1979 it was stated that the State has to provide
legal assistance to the prisoners inorder to ensure their safety and safeguard
their rights to fair and speedy trial.
Right to Health:
Every individual has the right to health it is guaranteed under Article 21 of
the Constitution that every person should possess to achieve a standard of
physical and mental health in the case of
Rasikbhai Ramsing Rana v. State of
Gujarat stated that every person is guaranteed the right to basic medical health
in this case it was also held that the jail authorities have to take proper
physical and mental heath of the accused if they are suffering from any illness
or disease and they also declared the guidelines to the Central and District
Jails to have required trained medical professionals and sufficient equipments
to treat the prisoners.
The prisoners also have other rights such as right to publication, right to
education inside the prison, right to reasonable wages for the work done in the
prison, and other rights such as right to bail, right to basic amenities, right
to leave and furthermore.
Distinctive treatment towards the Young Offenders and Women:
Young offenders are the juveniles who are in conflict with law, it is easy to
corrupt the minds of young offenders. They need more care. They should be
segregated from the adult and habitual offenders in order to safeguard and to
prevent influence from them. They should be given a chance to reform them
through education, and providing vocational training to them, and the root cause
which caused them to commit crime has to be analyzed and they should be treated
to overcome those causes.
Women are another weaker section they are also equally capable to commit crime
yet they are the victims of custodial rape and forced to remain silent, they
should be granted safeguarded and provide required facilities to them, like
separate prisons, prenatal and postnatal care for the infant and the mother and
to provide better care to them.
In the case of
Sheela Barse v. State of Maharashtra:
It is the landmark case
for separation of men and women prisoners, the PIL was filed by the journalist
when she interviewed 15 women prisoners in Bombay, were 5 of them were subjected
to torture and assault in the police custody, the court ordered to provide
segregation of prisons ,to provide them safety and sanitation, food and health
facilities, to setup a national authority for legal aid, medical checkup
especially for pregnant women and to make sure that the child's place of birth
should not be registered as Prison.
To guarantee compliance, the Court further
ordered specific Judges to make unannounced visits to police detention
facilities. The aforementioned case highlighted the criticality of safeguarding
the rights of inmates, particularly those who are women and created standards
for compassionate and legal assistance in the criminal judicial system.
Major issues faced in the Prison:
There is an immense lack in administration of Prisons in India, the Government
neglect to facilitate the prisons with basic amenities and infrastructure,
compared to the Prison administration in Norway the Prison system in India is
extremely far behind.
Firstly Corruption: it is a prominent problem in the prison in India, it has
consequences on both the prisoners and the staff, even when a guest visits the
prisoners they corrupt the itineraries which are brought by them. To have
frequent calls or if they need anything from the police staff, even the
prisoners bribe them. In order to obtain special treatment of the prison inmates
they bribe the staff in prison.
Overcrowding in Prison: it's a most prevalent issue in Auburn system in order to
reduce overcrowding they introduced a system of ticket to leave to evacuate the
prisoners and release on condition which forms the basis of present day parole,
in India it is a tremendous issue which simultaneously resulting in lack of
sleep ill health, lack of hygiene, causing self-harm and disputes among the
prisoners since they lack space, it also forces the staffs to put pressure to
the prisoners since it becomes hard to handle overcrowding and treat them
brutally and this causes spreading of diseases and infections due to
overcrowding.
Delay of Under Trial: there are enormous under trial prisoners who are waiting
for their sentence, but it is delayed they are neglected, from the statistics of
National Crime Records Bureau 67.2 % of the population is trial prisoners. They
serve longer sentence in Prison than their actual sentence.
Shortage of Staffs in Prison: the Prison System is not funded properly nor they
have required number of staffs, the violence in Prison are more and they lack
oversight and security.
Under the Prisoner's Act 1900, there should be a law
officer and a welfare officer yet these vacancies are vacant. In the Prison in
India there are one guard for every 100 prisoners whereas the UK Prisons
consists of 2 guards for 3 prisoners in this circumstance it easy to analyze the
activities of prisoners and to treat them to retain from violent actions.
Inhumane conditions of the Prison: the prison system in India are inhumane in
nature when it comes to the living condition, the cells are cramped, there no
sanitation facilities no ventilation in the cells to breathe fresh air, quality
of the food is worse and they lack resources as well.
Torture and abuse of prisoners- the prisoners are objected to torture, from the
investigation process to extort confessions till the prison, in order to vest
the power and superiority of the jailers and guards by which they would make the
convicts to follow their orders and commands. There are physically and mentally
abused due to custodial torture.
Pendency of cases in Prison- there are almost 80,000 cases are pending in the
Supreme Court, it is pending due to procedural delays, complexity of the case,
weak enforcement of Court orders, due to these pendency not only the prison
system is affected even the prisoner under trail convicts are also affected as
well.
Dominion nature of outdated laws: the Criminal Laws were created during the
Colonial era in terms of their procedure and substantiveness, the years has been
passed as per modern era the laws has to be changed from deterrent towards
reformative measure.
The Root causes which provoked the individuals to indulge in Crime:
There are many reasons why people commit crimes, like Individual factors and
Social factors, though there has been immense improvement in the safety and
security department, yet criminals don't seem to pull their getaway from it.
However, the weirdest thing in the criminal world is that every day unfolds a
new reason as to why people dive in this field.
Criminologists examined a
variety of variables to determine why someone would commit crimes. Such as
Biological, psychological, social, and economic issues were among them. A person
who commits a crime typically has several reasons like these.
Some of the common causes to indulge in crime are:
Lack of Resources:
One of the primary causes of crime is Poverty. Crime rates are typically greater
in economically deprived nations than in other nations. People engage in illegal
activity because it is not only a simple way for them to obtain what they want,
but it also does not demand any other essential talents, and they do not have
the resources to secure a living in the proper manner.
A growing number of the
impoverished are turning to crime as a way of making ends meet, which
contributes to the widening gap between the rich and the poor that we are
seeing. People become so frustrated with their inability to make enough money to
support themselves and their families that they turn to illegal means of
subsistence.
Peer Influence:
The impact of peer pressure on the lives of all teenagers and young adults
is well-established. During that stage of life, people often look up to
their friends and think that what they do is either morally right or, more
accurately, Thus, they are forced to follow the trend by peer pressure.
These people's inexperience and lack of wisdom have just fueled the flames.
Because of this, many young people are inadvertently tempted to illicit
behaviors like drinking alcohol and smoking by the way their classmates
behave. When peer pressure spreads to illegal substances in addition to
booze and cigarettes, the issue becomes out of control
Usage of Drugs:
The primary issue is when individuals develop a drug addiction and think they
need the drugs to survive. Drug addicts will stop at nothing to obtain these
illicit substances in such a scenario. Over 70,000 Americans lost their lives
due to drug overdoses in 2019 alone, according to data gathered by the National
Institute on Drug Abuse, a division of the National Institute of Health in the
United States of America. These numbers are concerning. People who are
intoxicated and have an inclination to do things that are not only against the
law but also have the ability to destroy and occasionally even end their life.
Economic factors:
A criminal's upbringing and familial circumstances are frequently the motivating
factors behind their illegal behavior. People decide to engage in crime because
they feel it is their duty to support their family and they are unable to do so
due to economic disadvantages, educational barriers, or other limitations.
This
is an awful state of situations since, given such circumstances, it is very
possible that the criminal would not have committed crimes if they had had
enough money to support themselves and their family. This problem not only
encourages people to conduct violent crimes like stealing but also heinous
crimes that endanger their lives and freedom.
Unemployment:
Both industrialized and emerging nations struggle with a shortage of job
opportunities. A significant percentage of today's youth are unemployed, and the
Confederation of Indian Industry reports that the rate of youth employment is
rising steadily. The Centre for Monitoring Indian Economy's data indicates that
the unemployment rate in our nation is steadily rising.
Naturally, this
frustrates the young people, who still struggle to obtain decent employment even
after devoting a significant amount of time and resources to their studies. Many
young people experience this as a source of animosity towards the system, which
later causes them to rebel and turn to crime at a young age.
Sociological Factors:
The focus of sociological theories of crime is on how peer connections, family
dynamics, social surroundings, and community elements affect criminal conduct.
Criminal behavior can arise as a result of socialization processes, cultural
norms, socioeconomic inequality, and disarray within the community. Sociological
considerations emphasize the significance of social interactions and
environmental elements in influencing people's decisions about engaging in
criminal activity.
Media as a crime causing factor:
The Media has the power to shape public attitudes regarding criminal behavior
and views of the relationship between crime and victimization. According to
research, people's perceptions of the relationship between crime and exposure to
the media are significantly influenced by it; higher exposure levels are
associated with lower levels of concern about crime and better levels of trust
in the criminal justice system. Public opinions of crime and criminals are
influenced by how crime is portrayed in the media, which has the power to arouse
strong emotions like fear and rage.
A misleading perception of the frequency and
nature of criminal activity is produced by media representations that frequently
concentrate on dramatic and violent incidents. Furthermore, by focusing on
particular crimes and people, the media can may induce moral panics and folk
demons, reinforce stereotypes, and stigmatize particular social groupings.
Hereditary factors:
Studies and research have looked into how genetics can predispose someone to
engage in criminal activity. Studies on genetic epidemiology, such as twin,
family, and adoption studies, have produced data pointing to a potential
hereditary influence on criminal conduct. According to these studies, there is a
genetic component to criminal conduct, and people with criminal histories are
more likely to have specific genetic variations than the general population.
Genetic features and characteristics are passed down from one generation to the
next in the interaction between criminal conduct and heredity. It is thought
that a person's predisposition to criminal behavior, including features like
aggression, impulsivity, and psychopathy, is largely influenced by genetic
variables.
We can better comprehend the intricate dynamics that underpin criminal behavior
by looking at how these biological, economic, psychological, political, and
societal aspects interact whereas there are some who indulge in crime for
fantasy enjoying people getting hurt, developing successful tactics to stop and
lessen crime in society requires addressing these many forces.
The Existing Condition of Prison Administration:
There's no denying that as Jails have gradually modernized, their state has
changed. However, a lot more work needs to be done to change the jail system so
that inmates are treated much more humanely. It was decided in
Muhammad Giassudin v. State of Andhra Pradesh, 1977, that inmates ought to be treated
like patients and Jails ought to function as Hospitals. Prisons need to be
places of correction, not harsh, soul-destroying structures. In
R.D. Upadhyaya
v. State of Andhra Pradesh and others, 2006, the Supreme Court voice its concern
for the children whose mothers were incarcerated.
It also provided a thorough
set of guidelines for providing these kids with enough food, housing,
healthcare, clothes, education, and recreational opportunities. It went on to
say that jail should not be the place of birth for a child born to a prisoner
mother. Particularly in juvenile prisons, rudimentary education is given to the
offenders. The prisoners are also given access to occupational training. They
even receive compensation for their labour.
On Republic Day or Independence Day, prisoners whose behavior is deemed good and
who are expected to have been rehabilitated into a person fit for society are
freed from prison with their sentences lowered in accordance with their good
behavior.
Though there are several cases on improving the conditions of Jail, like the
Britishers back then the political leaders at present doesn't have interest to
improve the conditions of prison, they are neglecting, moreover there are more
cases and judgement on custodial torture, abuse overcrowding, violation against
human rights, access to health and education yet there prevails an
inadequateness in the prison system to follow those, where the prisoners are
certainly treated brutally, cruelly and inhumanely and there is a lack of
rehabilitation programs in prisons as well.
The Prison System focuses only on Punishment rather than Reforming them and
rehabilitating, which would help them to reduce their recidivism, the prisoners
face discrimination and violation of their basic rights, bias in acquiring legal
aid, they are falsely convicted due to force ending up in unfair sentencing
process, there is a wide lack in accountability and transparency in the prison
system, the Prison Administration has brought in various measure like education
of prisoners, equipping them with employment like tailoring and provided
vocational training yet how far it is effective is an unanswerable one.
The prison administration rather than preventing the criminal it should focus on
preventing the crime, they should analyse which factor that provoked them to
cause crime and they should try to eradicate such factor by treating them
physically or mentally by way of providing counselling to the prisoners so that
they won't become an recidivist, the reformation and rehabilitation process
starts from conviction till the imprisonment it is also the duty of prison
administration officers to help them recover and transform them as a better
human considering that every prisoner is a human and he has a future ahead.
Alternative Punishments provided for the Prisoners:
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Parole: Parole is a reduction of limitations or an extension of temporary release to a convicted prisoner yet, Parole does not in any way alter the prisoner's status. One punitive tool that aims to humanize prison justice is Parole. Under some circumstances, it permits the prisoners to reintegrate into society. According to the Model Prison Manual, the primary goals of parole are to:
- Allow the prisoner to continue living with his family and take care of personal affairs.
- Protect the prisoner from the negative consequences of living behind bars all the time.
- To help the prisoner maintain their sense of self-confidence and engaged to a lifestyle.
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Probation: Probation is an alternative to imprisonment. Similar to a suspended sentence, probation releases the offender back into society, but their freedom is limited compared to that of an ordinary person. Probation is typically granted by Courts to the first-time offenders or relatively low-risk perpetrators. While statutes specify when probation is possible, the condemning Judge has the final say over whether Probation should be granted.
Requirements that limit behavior are part of probation, if the probationer disobeys one of those requirements, the probation may be revoked or altered by the Court. Courts are quite vigilant when it comes to probationary requirements.
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Restitution: Similar to a fine, restitution is paid to the victims of the crime rather than the court or local government by the offender. The 78th Law Commission Report made this recommendation. In situations where victims of the crime suffered financial losses, judges typically require reparation. The goal of the payment is to compensate the victims and bring their financial situation back to where it was before the crime was committed.
For instance, the victim of a combat injury sustained by a litigant may be entitled to reimbursement for his medical costs.
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Community Work: Judges have the authority to order litigants to undertake community service, or unpaid work in the community, as payment for their social obligations.
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Fines: Fines are frequently imposed as a form of punishment for a variety of violations, especially less serious ones that first-time offenders commit. Traffic violations, trivial drug possession, and first-time drinking and driving cases are among the offenses that typically result in fines. For more serious offenses or in cases where the defendant has a criminal history, many judges may combine a fine with alternative forms of punishment such probation, community service, detention, or suspended sentences.
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Open prison: Is a scheme of reformation, in 1952, an open prison system was introduced in India with the opening of a camp in Chakia, in the Varanasi region of Uttar Pradesh, due to the initiative of Dr. Sampurnanand. The prisoners were permitted to work on their own or in nearby factories, and they received pay. There were twenty-seven open jails in the nation by the end of 1980, and the Jail Reforms Committee noted that this was clearly insufficient.
The Committee conveyed their contentment with regard to open jails, particularly Rajasthan's Sanganar Jail, where inmates reside alongside their families. In Sanganar's two decades of existence, only two prisoners have managed to escape. This system helps the prisoners to integrate into society and prevents the feeling of isolation among the prisoners.
Recommendation Measures for Reformation in the Prisons:
- Education & Vocational Training:
Offering educational opportunities and skill-building programs to equip individuals with tools for employment upon release. Through Counselling & Therapy providing mental health support, substance abuse counselling, and therapy to address underlying issues contributing to criminal behavior.
- Restorative Justice
- Encouraging offenders to take responsibility and make amends for their actions by engaging them in dialogue with victims or the affected community.
- Focuses on repairing harm caused rather than just punishing the offender through communication, mediation and compensation.
- Re-entry Programs:
- Supporting the transition from incarceration back into society by offering housing assistance, job placement services, and mentorship programs.
- Providing access to community resources to reduce the likelihood of re-offending.
- Alternative Sentencing:
- Exploring alternatives to incarceration, such as community service, drug courts, or diversion programs, for non-violent offenders.
- Emphasizing rehabilitation over punishment for certain types of offenses.
- Behavioural Change Programs:
- Cognitive-behavioural therapy and other programs aimed at altering criminal thinking patterns and behaviors.
- Teaching skills for conflict resolution, anger management, and decision-making.
- Support Networks:
- Building strong support networks involving family, friends, mentors, and community organizations to encourage positive choices and provide a safety net. Which will not create an isolation feeling mentally.
- Policy Changes:
- Advocating for changes in policies and laws to support rehabilitation efforts and reduce barriers for ex-offenders seeking employment, housing, and education so that it would help them so that they are not neglected from the society.
- Aiding in Rehabilitation Programs:
- It might be utilized as a complementary tool within existing rehabilitation programs to reinforce positive behaviors and encourage adherence to treatment or counselling.
- Correctional Education:
- Establishing coordinated systems of individualized learning services and activities within correctional facilities to provide inmates with educational opportunities, vocational training, and skill development. Correctional education programs aim to equip offenders with the necessary tools to succeed post-release and reduce the likelihood of recidivism.
- Reformation by way of Alternative Punishments:
- By sending the prisoners on parole or furlough so that would help them to reintegrate into the society they might triggered emotionally by their families and friends provoking self-realisation, so that they would try to reform themselves and not to indulge in crime again and which might also help them to offer probation on good behavior.
Conclusion:
In conclusion, it is important to remember that the management of prisons and
the reformation of inmates constitute just a small portion of the larger
endeavour of social recovery. The jail administration is unable to successfully
reform the inmates on its own. It simply needs to make small efforts to free the
inmates nevertheless, these efforts won't be successful unless our social
structures, economics, and education are properly applied and we can assist in
guaranteeing everyone, regardless of background or circumstances and treating
them with dignity and respect.
No matter how many pieces of legislation or committees might come into effect,
the government remains blind and deaf to recommending or taking initiatives in
terms of prison reform. Indeed, it is a long way ahead in terms of reformation
in India. There is a bias when treating an ordinary prisoner compared to an
influential one; these biases must be eradicated.
Until the prison administration makes an effort to follow and abide by the
legislation and treats the prisoners without violating their fundamental rights,
there can be no reformation in the prison administration system. It is the duty
of the system to focus on reformation rather than punishment, to address the
root causes and transform individuals by giving them the chance to reintegrate
into society.
It is also the part of society not to label and stigmatize them even after
release from prison. Society should encourage ex-prisoners by providing jobs
instead of neglecting and judging them based on the crimes they committed in the
past, thereby aiding their recovery and bearing in mind that they have a future
ahead. As contributing members of society, everyone must work towards the
creation of a more just and humane system, along with the State. The government
should also work towards contributing to an efficient prison system.
References:
- Ahmad Siddique- Criminology, Penology and Victimology-Eastern Book Company, Lucknow – 4th Edition.
- Constitutional law –J.N.Pandey-Central Law Agency 59 edition (2022).
- https://www.legalserviceindia.com/legal/article-75-rights-of-prisoners.html
- https://www.legalserviceindia.com/legal/article-104-corrective-measures-in-india.html
- https://blog.ipleaders.in/legal-backdrop-prison-reforms/
- https://testbook.com/ias-preparation/prison-reforms
- https://www.clearias.com/prison-reforms/
- https://blog.ipleaders.in/rights-prisoners-major-judgments/
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