PRISON REFORM: SIGNIFICANCE, CHALLENGE, WAY FORWARD

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Picture Courtesy:  HINDUSTAN TIMES 

Context

The Ministry of Home Affairs informed the Rajya Sabha about the steps taken for prisons reform, including measures to reduce the number of undertrial prisoners and implement correctional administration programs for rehabilitation. 

Evolution of the prison system in India

Ancient and medieval periods: Imprisonment served as a means of detention rather than punishment. Ancient texts like the Arthashastra detailed prison administration, with punishments involving corporal measures like mutilation or death. 

British colonial rule: Prisons Act of 1894 focused on prisoner classification, security, and discipline, however it lacked stress on rehabilitation.  

Post-independence era:

• Government invited UN experts in 1951, whose recommendations influenced the creation of the Model Prison Manual in 1957 (revised in 2016), stressing reformatory and rights-based practices.
• Key legislation like the Probation of Offenders Act, 1958, and the Juvenile Justice (Care and Protection of Children) Act, 2015, promoted alternatives to imprisonment.
• The Supreme Court's judgements in cases like Sunil Batra vs Delhi Administration (1978) and Hussainara Khatoon vs State of Bihar (1979) stressed the importance of humane treatment and the right to a speedy trial.
• The Model Prisons and Correctional Services Act, 2023, to modernize prison laws.
• Prioritizes improving prison conditions, and integrating international standards like the UN Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules).  

Major Challenges in Indian Prisons

Overcrowding: National average occupancy rate exceeding 131%, with some jails reaching 400-497% occupancy.

• As of December 2022, they housed 5,73,220 inmates against a capacity of 4,36,266.
• Overcrowding creates health hazards, unhygienic conditions, and increases the potential for violence.

High percentage of undertrials: 75.8% of the total prison population are undertrials, highlighting judicial delays and a system that punishes individuals before conviction.

• Over 5 crore cases pending across the Supreme Court, High Courts, and subordinate courts.

Poor infrastructure and living conditions: Inadequate hygiene, poor ventilation, substandard diet, lack of clean water, and insufficient separation between different categories of prisoners.

Human rights violations and custodial violence: Reports of custodial deaths, physical abuse, forced labor, and sexual abuse stress the need for accountability.

• The National Human Rights Commission (NHRC) recorded 11,656 deaths in police/judicial custody, between 2016-17 and 2021-22.

Inadequate legal aid and delayed justice: Legal aid becomes accessible only at the trial stage, many remain imprisoned for extended periods due to inability to afford lawyers.

Focus on punishment over rehabilitation: System remains punitive rather than rehabilitative, offering limited opportunities for psychological support, skill development, or social reintegration.  

Mental health crisis: Over 9,000 prisoners suffer from mental illnesses, with only 25 psychologists available for over 5.7 lakh prisoners across the country.

Caste and gender-based discrimination: Caste-based segregation and discriminatory duty assignments.

• Women prisoners face additional challenges like inadequate hygiene, potential for sexual abuse, and lack of proper prenatal care for pregnants.

Staff Shortages: Prisons face a 30% overall staff vacancy, impacting security, administration, and rehabilitation efforts.

Steps Taken by Government for Prison Reform

Strengthening Law and Policy: “Prisons” is a “State-list” subject under the Seventh Schedule of the Constitution.

• The Ministry of Home Affairs (MHA) released the Model Prisons Act, 2023, replacing the outdated Prisons Act of 1894.
• The MHA shared the Model Prisons and Correctional Services Act, 2023 with states and union territories, encourage them to adopt and adapt the new legislation to suit their specific jurisdictions.
• The Repatriation of Prisoners Act, 2003, facilitates the transfer of foreign prisoners to their home countries to serve their remaining sentences. India has signed agreements with 31 countries under this act.

Addressing overcrowding and undertrial population: Government established Review Committees for undertrial prisoners at state and district levels to assess and recommend releases for eligible inmates.

• Implementation of Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides relief to undertrial prisoners, by limiting maximum detention period before trial or during investigation.
• Established the 'Support to Poor Prisoners Scheme' to provide financial assistance to needy prisoners upon their release.

Promoting rehabilitation and welfare: Model Prison Manual, 2016, provides a framework for improved prison conditions, emphasizing aspects like inmate classification, medical care, and vocational training.

• Promoting skill development and vocational training programs within prisons, to equip inmates with marketable skills for their reintegration into society.  
• Several states have implemented innovative rehabilitation initiatives. Tihar Jail, for example, runs an in-house radio station and collaborates with Indira Gandhi National Open University (IGNOU) for educational programs.
• Government has focused on gender-sensitive reforms and protections, including separate facilities and proper prenatal and postnatal care for pregnant inmates.
• Some prisons, like those in Kerala and Maharashtra, have successfully implemented initiatives such as prison bakeries and eateries to promote inmates' self-reliance and economic independence. 

Enhanced prison administration and accountability: Modernization of Prisons Project (MOP) provides grants to states and union territories for modernizing security equipment and prison infrastructure.

• Authorities have adopted technology-enabled prison management, including CCTV surveillance, e-prison systems, digital records, and video conferencing with courts to enhance transparency and efficiency.
• Establishment of State Boards of Visitors ensures regular inspection of prisons and provides feedback on their conditions.
• Government promotes the involvement of civil society and NGOs in advocating for prisoners' rights, providing support services, and assisting with rehabilitation programs. 

Important committees Related to Prison Reforms

Justice A.N. Mulla Committee (1980-83) emphasized the need to improve prison infrastructure, including better food, clothing, sanitation, and ventilation. It recommended:

• Forming an all-India service, the Indian Prisons & Correctional Service, for prison officials.
• Allowing media and public visits to jails to promote transparency and cooperation in rehabilitation efforts.

Justice V.R. Krishna Iyer Committee on Women Prisoners (1987) recommended more women into the police force, separate institutions for women offenders staffed exclusively by women.

Justice Amitava Roy Committee on Prison Reforms (2018) recommended maintaining a lawyer-to-prisoner ratio of at least one lawyer for every 30 prisoners and establish special fast-track courts to address minor offenses, especially those pending for over five years.

Way forward for comprehensive prison reform

Reforming legal and policy frameworks: States and Union Territories must adopt the Model Prisons Act, 2023 and the Model Prisons and Correctional Services Act, 2023. 

• Strictly implement Section 436A of the CrPC to reduce undertrials, to ensure timely bail or release for eligible undertrials.
• The new Bharatiya Nagarik Suraksha Sanhita (BNSS) includes provisions to relax bail for first-time offenders.
• Comprehensive legislation against torture, aligning Indian laws with international standards like the Nelson Mandela Rules. 

Harnessing technology for efficiency and transparency: Deploy comprehensive Prison Management Information Systems (PMIS) across all prisons, like the e-Prisons system, to manage records, track cases, and streamline administration.

• Integrate the e-Prison system with judicial databases to ensure real-time updates on prisoner case statuses and facilitate timely releases.
• Use AI and machine learning for predictive analysis in case outcomes, optimize resource allocation, enhance forensic analysis, and improve crime pattern identification.
• Install and maintain CCTV surveillance, jammers (upgraded to 5G technology), body-worn cameras for staff, and other security equipment to enhance safety and prevent smuggling. 

Prioritizing rehabilitation and welfare: Access to educational and vocational training programs, offer marketable skills to support their reintegration into society post-release.

• Implement Supreme Court directives to eliminate caste-based duties and ensure gender-sensitive reforms for women prisoners.
• Encourage and expand the open prison model for well-behaved convicts, allow them to work outside and return to the prison in the evenings, encouraging rehabilitation and easing overcrowding.
• Increase expenditure on enhancing prisoners' educational levels and ensure the establishment of IGNOU study centres in major prisons.
• Encourage inmates to train as Para Legal Volunteers (PLVs) to assist in Legal Aid Clinics in prisons and increase legal awareness among prisoners. 

Strengthening administration: Fill vacant positions in prison staff. Implement standardized training programs to equip staff with a dignified approach towards inmates and focus on rehabilitation.

• Establish an independent Prison Ombudsman with powers to conduct inspections and investigate violations.
• Allocate adequate funds for prison modernization, infrastructure development, and prisoner welfare activities.
• Collaboration with NGOs and civil society organizations in providing rehabilitation support, and promoting the marketing of products made by prisoners. 

Conclusion

India needs to transform its prisons from punitive centers into correctional institutions through legislative reform, enhanced rehabilitation programs, efficient legal aid, improved inmate well-being, and technological integration. The effective implementation of the Model Prisons Act, judicial reforms, and modernization initiatives can uphold human dignity and ensure justice for all.

Source: PIB