Prison Reforms

Prison Reforms

‘Prison’ persons detained therein’ is a State Subject under Entry 4 of List II (State List) of the Indian Constitution’s 7th Schedule.

Prison administration and management are the responsibility of the respective state governments.

However, the Ministry of Home Affairs provides regular guidance and advice to States and UTs on various prison and inmate-related issues.

Major Issues:

In the Ramamurthy vs. State of Karnataka case, the Supreme Court identified the following significant problems afflicting the prison system: overcrowding, trial delays, etc.

Overcrowding: 

There are 1412 jails in the country, and it is crowded with more than 100% of its capacity. The overcrowding affects the prisoners and their resources. Primarily it involves the difference between the class of prisoners. For a fact, till 2016 December, 4.33 lakh prisoners were against the capacity of 3.81 lakhs. 

Under-trials: 

The Indian share of the prison population waiting for a sentence is exceptionally high. More than 67 percent of the prisoners are undertrials, which creates bizarre situations where undertrials spend more time in prison than the sentence they would have received if a trial had taken place. For example, 11 percent of criminals are awaiting trial in the United Kingdom, 20 percent in the United States, and 67 percent in India.

 Shortage of staff: 

There is legitimately understaffing and underfunding in the prison reforms, which leads to violence and other criminal activities within jails due to a lack of proper monitoring. For example, in India, the prison population and staff ratio is approximately 1:7, whereas, in the United Kingdom, there are two prison officers for every three prisoners.

Condition of women prisoners

Women prisoners face several challenges, such as poor nutritional intake, poor sanitation and hygiene, and some cases of custodial rape in which victims are threatened to keep their mouths shut. There were 19,242 women prisoners in Indian jails in 2018.

Instances of torture and sexual abuse:

 Inhumane psychological, physical suffering, and violent clashes are sometimes imposed on prisoners. According to the National Human Rights Commission, custodial violence is the “worst form of excesses by public servants entrusted with the duty of law enforcement.” In 2018, there were already 6,623 people in prison with mental illnesses.

Prison inmates living with infectious diseases: 

Case studies conducted at various prisons in India revealed that inmates in prison were living with contagious diseases such as HIV and tuberculosis, putting the general population at risk.

Committee and suggestions on Jail Reforms: 

All India Committee on Jail Reforms Report (Mulla Committee)

In light of the Supreme Court’s decision, prisoners’ rights and responsibilities needed to be clearly stated.

In this regard, Mr. Justice A. N. Mulla chaired the All India Committee on Jail Reforms from 1980 to 1983.

Some of the prominent suggestions of the Mulla committee are: 

The condition of prisons throughout the country should be improved by making adequate provisions for clothing, sanitation, food, and ventilation, among other things.

The prison’s staff should be adequately trained and organized into different cadres. It would be sensible to establish an All-India Service called the Indian Prisons and Correctional Service to recruit prison officials across the country.

The media and the general public should be allowed to visit prisons and other correctional institutions regularly to get firsthand information about conditions inside prisons and be willing to work with prison officials on rehabilitation projects.

The number of undertrials in prison should be reduced to a bare minimum, and they should be kept apart from the other convicted inmates. Because undertrials account for a sizable proportion of the prison population, their numbers can be reduced through expedited trials and the liberalization of bail provisions.

The Government should make an effort to provide sufficient resources and funds for prison reforms. 

The Krishna Iyer Committee on Jail Reforms 

The Government of India appointed the Justice Krishna Iyer Committee in 1987 to conduct a study on women prisoners in India.

It has advocated for recruiting more women into the police force due to their unique role in dealing with women and children offenders.

In February 1988, the National Expert Committee on Women Prisoners, chaired by Justice V. R. Krishna Iyer submitted its report to the Government.

Steps Taken by Government of India for Administration of Prison Reforms in India: 

The Government of India requested that changes be implemented by the state governments and various union territories to ensure proper administration of changes to improve the Measures for Prison Reforms. 

Various states have included such suggestions in their prison manuals from time to time.

Following are the measures for prison reforms or recommendations:

• To appoint Review Committees at the state and district levels for the under-trial prisoner population
• To provide poor and vulnerable prisoners with legal assistance and appoint part-time or whole-time law officers in prison
• To strictly adhere to the provisions of the Code of Criminal Procedure, 1973, regarding time limits for investigation and inquiry
• To develop a time-bound plan for improving prisoners’ living conditions, focusing on water supply, sanitary facilities, and electrification, and to submit it for approval to the Ministry of Home Affairs (MHA)
• To establish a State Board of Visitors to visit prisons regularly and report on conditions in the jails for consideration by the State Government
  

  Conclusion

  Beginning with the Mulla Committee, many important Committees such as the Malimath Committee, The Justice Krishna Iyer Committee and most recently , the Justice Roy Committee (2018) have been set up to review the situation of prisons in India and suggest reforms. However, the implementation of the reforms has been lax and the necessary political will to bring a change is invisible.It is imperative governments realize the importance of every human life by valuing and cherishing the potential of jail inmates as members of our society who can contribute in the future, given proper correctional and reformative treatment.

  Indian jails, dubbed as a university for grooming criminals, structural changes are needed to address the key issues. Else, prisons will continue to be heaven for politically connected criminals and hell for socio-economically disadvantaged undertrials.