Written by : Prabhnoor Kaur, B.B.A. LL.B. (Hons)- Third Year , Graphic Era Hill University, Dehradun
INTRODUCTION
Different countries refer to prisons by different names, such as "Correctional Facilities," "Detention Centres," "Jails," and "Remand Centres." Prisonization is a penal administration and an institutional arrangement for the accused and undertrials, whose one of main goal is to punish the criminals in the civil society. The Indian prison system has many challenges that often lead to human rights abuses and hinder the ability of prisons to work towards prisoner rehabilitation. Many committees have been made, several judgements are given and all these action shows the importance of tackling the problems of ensuring the fundamental rights of prisoners as well as providing them with humane treatment.
MEANING AND DEFINITION
The oxford English Dictionary defines prison as, “A place properly arranged and equipped for the reception of persons who by legal process are committed to it for safe custody while awaiting trial or punishment”[1]
.The term as per law has been defined in the section 3(1) of The Prison’s Act 1894 as “prison means any jail or place used permanently or temporarily under the general or special orders of a State Government for the detention of prisoners, and includes all lands and buildings appurtenant thereto, but does not include
1. any place for the confinement of prisoners who are exclusively in the custody of the police;
2. any place specially appointed by the State Government under section 541 of the [Code of Criminal Procedure, 1882 (10 of 1882)] [Now see the Code of Criminal Procedure, 1973 (2 of 1974).]; or
3. any place which has been declared by the State Government, by general or special order, to be a subsidiary jail;”[2]
MAJOR PROBLEMS WITH PRISON IN INDIA
· Over-crowding- One of the major concerns is jail congestion particularly among undertrials. In the year 1970, the National Jail Census report by the Law Enforcement Assistance Administration found that "52% of prisoners were waiting for trial". Referring to a report of the National Crimes Record Bureau; the prisons are occupied up to 118.5%. Inmates numbering about 4,78,600 approximately are housed in various prisons, while the prisons' maximum number was to accommodate 4,03,700. Overcrowding makes the living conditions suffer. Moreover, it is promoting several contagious diseases.
· Delay in trials- Many cases have been unsettled for years. The prison administration system gets disrupted as an effect. But in Hussainara Khatoon v. Home Secretary, State of Bihar[3] the Supreme Court upheld the prisoners' right to speedy trial.
· Corruption: All around the world, problems with guard corruption and staff corruption within prisons are universal. Prisoners pay guards bribes in exchange for drugs or preferential treatment to augment their salaries.
· Lack of Rehabilitation: Another big problem in Indian jails is the lack of prisoner rehabilitation programs. Many times, prisoners are just kept in cramped cells without any chance of developing new skills or preparing for life outside jail.
· Poor Living Conditions- Overcrowding of prisons brings with it unhealthy living conditions. Although some prisons have had reforms focused on matters such as hygiene, attire, and food, despicable living conditions are witnessed in many prisons around the country.
· Staff shortage and insufficient training: Indian prisons are authorised to recruit 49030 personnel at various levels. At present, there are around 40000 personnel serving there. There exists a ratio of around 1:7 between the inmates and the prison personnel in the Indian prison. India has one prison officer available for every seven inmates, while the UK has two prison officers available for every three inmates.
The few other important issues are unequal treatment, insufficient funding to the health care in prisons, poor prison programs, unsatisfactory legal assistance, misbehaviour to inmates, deaths during custody, torture, and rape.
SUGGESTIONS AND COMMITTEES
The various committees and acts which have been constituted to deal with the problems pertaining to prison administration in India are:-
1. All India Jail Reforms Committee headed by Justice A.N. Mulla- This committee had been constituted by the Indian government in 1980, and it recommended the setting up of a National Prison Commission to modernize the prison systems within the country. It emphasized a lot on doing away with the present conflict between state and union prison administration. To properly train prison staff in various cadres, it recommended establishing an All-India Service named the Indian Prisons and Correctional Service for recruiting prison officials. The Committee recommended various segregation policies for different types of offenders. That is, it suggested security prisons for hardened criminals; separate prisons for women, separate institutes for young offenders, and separate prisons for undertrials.
2. National Expert Committee on Women Prisoners headed by Justice V.R. Krishna Iyer- The task given to this committee had been to research the conditions faced by Indian women imprisoned. It recommended increasing the number of women in the police force due to their special role in dealing with female and juvenile offenders. It highlighted the need for better resources and facilities for women and children in prison. Other reforms it had suggested were the security, discipline, comprehensive programs, and appropriate standards of prisons and human rights.
3. 268th report of Prison Reforms of Law Commission- The commission suggested that the offenders arrested for crimes entailing them up to seven years imprisonment shall be released after serving one-third of their sentence and the offenders with crimes entailing them with imprisonment for more extended periods shall be discharged after serving fifty percent of their sentence. The police shall be advised to make as fewer arrests as possible and the magistrate to avoid mechanical remand orders.
4. Justice Amitava Roy Committee- It suggested setting up of exclusive fast track courts to deal with only less serious offences which were pending for over five years The bail should be granted for less serious offences and the persons unable to furnish bail, should be discharged under personal recognisance on PR bond. It also suggested a national mission for the management of the judiciary and legal reforms.
CONSTITUTIONAL PROVISIONS
Article 21 of the Indian Constitution guarantees to every person the right to life and liberty. This right is extended to include several other rights, including the right to prompt and fair trials, health care, and medical treatment. Article 23 of the Constitution states that reasonable wages shall be paid to prisoners for the vocational work they accomplish while in prison. Under the Directive Principles of State Policy, Article 39A of the Constitution requires that the State give free legal assistance to inmates convicted of crimes, whether or not they are imprisoned, if they are unable to pay for it themselves.
LANDMARK JUDGEMENTS AS RELATED TO PRISON REFORMS
· In Hiralal Mallick v. State of Bihar[4], the Hon’ble Supreme Court held that state governments are obligated to reform jails and rehabilitate prisoners as part of the Justice Delivery System.
· The Hon’ble Supreme Court, in Sunil Batra v. Delhi Administration[5], held the act of detaining undertrials along with convicts in jail to be inhuman. The Court held that it failed both the test of reasonableness under Article 19 and the test of fairness under Article 21 of the Constitution. It was further held that solitary confinement, violated Article 21 of the Constitution, as it provides that if the freedom of movement, freedom to mix with other prisoners, freedom to talk, or to enjoy company of persons, whether in jail or otherwise, of a prisoner is significantly inhumanly restricted because of being kept in solitary confinement, then Article 21 is violated.
· In R.D. Upadhyay v. State of Andhra Pradesh[6], the Hon’ble Court has taken up the plight of the children who grew with their mothers in prison. It ensured that kids have proper access to food, housing, healthcare, and education. In addition, various special regulations were prescribed for female prisoners and juvenile offenders.
· In Sheela Barse v. State of Maharashtra,[7] the Hon’ble Apex Court passed various orders regarding the female inmates like they are to be kept under the charge of lady constables or guards. They should be segregated from the wards occupied by the male inmates. It was also directed that lady officials be present while questioning the female inmates.
Additionally , a number of other significant rulings have addressed the rights of prisoners, providing crucial guidelines and suggesting changes to guarantee a more equitable and compassionate criminal justice system.
CONCLUSION
In a nutshell, prison reforms are part of the criminal justice system in India, striving to transform prisons from places of detention to centres for rehabilitation and reformation. The plethora of problems faced by the Indian prisons brings out the urgency for comprehensive reforms to ensure that they serve their purpose of reformation and the rights and dignity of prisoners are respected. Extensive recommendations for prison reforms have been provided through various commissions, committees, and landmark judgments.
It is finally the willingness of the government, courts, and society to accept the rehabilitative approach to imprisonment—a recognition of the fact that the real test of a justice system lies not so much in its ability to punish, but rather in its ability to reform and rehabilitate.
References
[1] The oxford English Dictionary, Vol – VIII, P.1385.
[2] Section 3(1) of The Prison’s Act 1894.
[3] AIR 1979 SC 1369
[4] AIR 1977 SC 2236.
[5] AIR 1980 SC 1579
[6] AIR 2006 SC 1946
[7] AIR 1983 SC 378.
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