Newly suggested Prison Reforms

Relevance: GS2 - Government policies and interventions for development of vulnerable sections; Important aspects of governance.

(Source: The Hindu, 09/23/2023)

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Why in the News?

• The Parliamentary Committee on Home Affairs presented the 'Prison-Conditions, Infrastructure and Reforms' Report recently headed by Rajya Sabha member Brij Lal.
• The standing committee on home affairs has also been assigned the task to review three bills that seek to replace the British-era criminal laws — Indian Penal Code, 1860, the Code of Criminal Procedure, 1898, and the Indian Evidence Act, 1872.

Key recommendations of the report

• The committee found out that Uttar Pradesh, Bihar, Madhya Pradesh, Maharashtra, Punjab and Haryana collectively accounted for more than 50% of the total prison population.
• Women prisoners are allowed to live with their children till the age of 12. (Currently this age limit is 6 years)
  • Note: According to Prison Statistic Report 2021, prepared by the National Crime Record Bureau (NCRB), there were 1,650 women prisoners with 1,867 children in jails across the country as on December 31, 2021.
• The committee recommends that prisoners from overcrowded jails may be transferred to other jails with vacant cells in the same state or other states by signing MoUs.
• The panel also recommended the Centre to create a separate cadre of prison officials for Union territories, with a provision to transfer them regularly, maintaining it as one way to break the prisoner-jailer nexus.
• Separate barracks or wards may be ensured for transmen and transwomen.
• To preserve their right to privacy and dignity, there should also be provision for separate toilets and bathing facilities for such prisoners.
• The standing committee said that when transgender inmates are brought to prison, a doctor of their choice should be assigned to identify their gender.
• A parliamentary panel has recommended ankle trackers or bracelets on prison inmates so that there can be more bail to be granted and it will reduce overcrowding in prisons.
  • Note: According to the prison statistics published by the National Crime Record Bureau (NCRB) for 2021, there are 1319 prisons in India, with a total capacity of 4,25,609 prisoners.

Issues with Indian Prisons

• Overcrowded jails: For instance, it was claimed in 2020 that more than 15,000 offenders were housed in Delhi’s Tihar Jail, which has a capacity of about 7,000 inmates.
• Under-trials: Based on the ‘Justice India Report 2022’, 77 percent of the prisoners were undertrials. The pendency of cases is a main reason for undertrials remaining in prison.
• Brutal physical treatment in custody by police officials is another major problem of jails in India.
• Shortage of staff:
  • India’s prisons are understaffed by at least 33 per cent with the highest vacancies found at the officer and correctional staff levels.
  • According to the Prison Act of 1894 and the Prisoner Act of 1900, each jail is required to have a welfare officer and a law officer, but these positions have not yet been filled.
  • Most jails in India suffer from lack of basic prison infrastructure such as sleeping quarters, hygienic washrooms, and health clinics.
  • Indian prisons are considered some of the most unhygienic in the world. Prisoners housed in these prisons suffer from diseases such as jaundice, hepatitis etc.
  • Custodial violence is the “worst type of excesses by public personnel entrusted with the task of law enforcement,” according to the National Human Rights Commission. There were 6,623 inmates with mental diseases in prison as of 2018.

Steps taken by Government of India

• Recently, the Ministry of Home Affairs (MHA) has created the 'Model Prisons Act 2023,' which would replace a British-era statute, i.e, Prisons Act of 1894 in order to improve prison management and focus on convict reformation and rehabilitation.
• Modernisation of Prisons (MoP) Project: The Government of India has decided to provide financial assistance to states and union territories through MoP for the use of modern-day security equipment in prisons in order to improve jail security and to facilitate the task of reformation and rehabilitation of prisoners through correctional administration programs.
• E-Prisons initiative: The E-Prisons initiative intends to improve jail management efficiency through digitalization.
• Model Prison Manual 2016: The document contains thorough information about the legal services (including free services) offered to jail prisoners.
• Fast Track Courts: Fast Track Courts (FTC) are courts that deliver rapid justice and are constituted following consultation with separate High Courts.
• e-Courts projects: Through the use of ICT, the initiative will simplify court processes and change the Indian judiciary. This will lessen judicial backlog and benefit plaintiffs.

Various Committees and their recommendations

Key Facts

• According to Entry 4 of List II (State List) of the 7th Schedule of the Indian Constitution, “prison” and the “persons confined inside” are State Subjects.
• The respective state governments are responsible for managing and administering prisons.

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FAQs

MCQs

Question: Which of the following committees are related to prison reforms in India?

1. Justice Amitava Roy Panel
2. Justice V. R. Krishna Iyer Committee
3. Justice K.S. Radhakrishnan Committee

Select the correct answer from the options given below.

(a) 1 and 2 Only

(b) 2 and 3 Only

(c) 1 and 3 Only

(d) All of the above