PRISON REFORMS

PRISON REFORMS

Prisons/persons detained therein is a state subject. Thus, states have primary responsibility and authority. However, MHA provides regular guidance and advice to States and UTs on various issues concerning prisons and prison inmates. Prisons are governed by the Prisons Act, 1894 and the Prisons Manual of State Governments.

Issues and Challenges

1. Infrastructural Issues
   • Physical Infrastructure
     • Lack of space: This leads to rampant overcrowding. Occupation rate in all prisons is on average 118.5% of the capacity [NCRB].
     • Against internationally recognized principles: Inadequate prison infra is against UN’s Standard Minimum Rules for Treatment of Prisoners which suggest minimum floor space, lighting, heating and ventilation provision in the prisons.
     • Lack of communication facilities: Left to live in isolation without any contact with the outside world, their family members and relatives. They remain uninformed about the lives and well-being of their family.
   • Human resources
     • Shortage of staff: 33% of the total requirement of prison officials lies vacant [NCRB]. The ratio between the prison staff and the prison population in India is approximately 1:7.
     • Medical facilities: Around 40% shortages of medical officers/doctors [CAG].
     • Provision for mental health facilities: There was only one mental health professional for around every 20,000 prisoners in 2016, with only six States and one UT having psychologists.
2. Violation of Rights

• Unnatural Deaths: Over 10% increase in unnatural deaths across prisons in India in 2019 compared to 2018 data [NCRB].
• Custodial Deaths: There were a total of 1,727 custodial deaths in India between 2001-18 [NCRB].
• Torture and ill-treatment: Both physical as well as psychological. Example: Kerala custodial violence case 2020.
• Dismal living conditions: Absence of proper sanitation facilities, medical aid, food, clothing, etc., are against fundamental rights as well as international promulgated rights.
• Against right to speedy trial: 69.05% (approx. 3.3 lakh) were under trials and only 30.11% are convicts, implying the accused are treated as guilty without conviction by a court of law.

1. Targeting of vulnerable sections

• Socially marginalized: Over 85% of prisoners are from SC, ST, OBC or Muslim families [NCRB].
• On the basis of education: Over 41% prisoners are either illiterate or have only finished basic schooling [NCRB].

1. Policy/Administrative issues

• State list: Prison is a matter under the State List of the Seventh Schedule. Thus, there is non-uniformity and inconsistency in laws, rules, and regulations of different states.
• Lack of accountability: Only 26 policemen were convicted between 2001-18 for custodial deaths.
• Women representation: There are just 9.6% women across all levels of the prison administration. This particularly hampers the welfare of women prisoners.

1. Ethical issue: Focus on retribution instead of reformation of prisoners.

Rights of Prisoners: Various Safeguards

1. Constitutional Provisions

Fundamental Rights

• Article 21: Right to medical care, free legal aid, speedy trial.
  • Right to live with human dignity: Maneka Gandhi vs. Union of India.
  • Right to legal aid: M.H. Hoskot v. Territory of Maharashtra.
  • Right to speedy trial: Kadra Pahadiya v. State of Bihar.
  • Right to fair trial: Rattiram v. State of Madhya Pradesh.
  • Right against custodial violence/protection against torture: Francis Coralie Mullin vs. The Administrator, Union.
• Article 22: It provides for safeguards in such cases against arrest and detention, providing that, without being told of the reasons for such detainment, no person who is apprehended shall be held in custody and that a lawyer of his choosing shall not refuse the right of consultation and defense of himself.
• Directive Principles of State Policy

• Article 39A: Article 39A of the Constitution of India deals with the obligation of the State to provide free Legal Aid to such accused prisoners both in the prison and outside, as they are unable to engage a lawyer due to lack of means to defend themselves in the Court for the criminal charges brought against them.

1. Prisoners Act, 1894:

• Accommodation: Prisoners’ quarters and sanitary conditions to be provided.
• Shelter: Shelter provision and safe custody of the excess numbers of inmates that cannot be kept in any prison safe.
• Medical Officer: Provisions for a well-qualified medical officer to examine prisoners.
• Identification and segregation: Identification arrangements for prisoners such as the segregation of female and male inmates, civilian and criminal inmates, and prisoners convicted and tried.

1. International Conventions

• Universal Declaration of Human Rights:
  • Right against Torture: No one should be subjected to torture or to cruel, inhuman or degrading treatment or punishment [Art 1].
  • Right to Life: Everyone has the right to life, liberty and security of person [Art 3].
  • Right against arbitrary arrest: No one shall be subjected to arbitrary arrest, detention or exile [Art 9].
  • Presumption of innocence: Everyone charged with a penal offence has the right to be presumed innocent until proven guilty [Art 11].
• International Covenant on Economic, Social and Cultural Rights (ICESCR): Prisoners have a right to the highest attainable standard of physical and mental health.
• Declaration on Protection from Torture, 1975: The UN General Assembly by consensus adopted a declaration on the protection of torture.
• Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment: According to it, the responsibility is shouldered on the state to take steps for effective judicial, legislative, and administrative methods. Further, it clearly lays down the rules for interrogation and certain other instructions have been enumerated. However, India has yet NOT ratified it.

Cases laws

• State of Andhra Pradesh v. Chella Ram Krishna Reddy: A prisoner, whether a convict, under-trial or detenu, is a human being and entitled to all fundamental rights until liberty is constitutionally curtailed.
• Ramamurthy vs. State of Karnataka: Supreme Court laid directions to bring about a unified national consolidated framework on prison laws and to prepare a draft model prison manual, subsequently a committee was set up in the Bureau of Police Research and Development (BPR&D). In 1999, a Draft Model Prisons Management Bill was circulated to replace the Prisons Act, 1894 by the Government of India but the bill has not yet passed.

Way Forward

(Reform Measures suggested by various Committees, Law Commissions and the Judiciary)

1. For controlling overcrowding of prisons

• Speedy trial: Speedy trial remains one of the best ways to remedy the unwarranted phenomenon of overcrowding [Justice Amitava Roy Committee].
• Special Courts & Personal Recognizance (PR) Bond: To deal exclusively with petty offences which have been pending for more than five years. Further, accused persons who are charged with petty offences and those granted bail, but who are unable to arrange surety should be released on a Personal Recognizance (PR) Bond [Justice Amitava Roy Committee].
• Lawyer to prisoner ratio: There should be at least one lawyer for every 30 prisoners, which is not the case at present [Justice Amitava Roy Committee].
• Avoid adjournment: Adjournment should not be granted in cases where witnesses are present [Justice Amitava Roy Committee].
• Plea Bargaining: The concept of plea bargaining, in which the accused admits guilt for a lesser sentence, should be promoted [Justice Amitava Roy Committee].
• Provision of bail: Under-trials who have completed 1/3 of the maximum sentence for offences up to 7 years should be released on bail, and those with sentences of more than seven years should be bailed out if they have completed one-half of their sentences [Law Commission of India].

2. Administrative measures

• All India Prison Service: Establish an All India Service called the Indian Prisons & Correctional Service for recruitment of prison officials [Justice AN Mulla Committee].
• Strengthening PLVs: In 2009, NALSA introduced the Para Legal Volunteers Scheme to provide legal training to volunteers who act as intermediaries between common people and Legal Services Institutions to ensure access to justice and legal aid for all.
• Anti-torture legislation: Comprehensive anti-torture legislation based on the Draft anti-torture legislation [LCI] [II ARC].
• Open Prison system: Strengthening the open prison system to address space issues and aid in the reformation of prisoners.
• Separation of prisoners: Under-trials should be lodged separately and kept apart from convicted prisoners [Mulla Committee].
• Funding: The government should endeavor to provide adequate resources and funds for prison reforms [Mulla Committee].

3. For prisoners

• Training: Modern training in physical fitness, correctional measures, and vocational training courses.
• Education: NGOs and non-profit organizations should be involved in educating prisoners.
• Recreational activities: Providing facilities for recreational activities such as games and competitions.
• Improvement in condition of prisons: Ensuring adequate arrangements for food, clothing, sanitation, and ventilation [Mulla Committee].
• Introduction of provision for aftercare: After-care, rehabilitation, and probation should be integral parts of prison service; however, probation laws are not being properly implemented [Mulla Committee].
• Accommodative Transition: Prisoners should be allowed a free phone call daily to their family members to support them during their initial week in jail [Justice Amitava Roy Committee].

• Legal aid: Providing effective legal aid to prisoners and taking steps to provide vocational skills and education to prisoners [Justice Amitava Roy Committee].
• Alternatives: The courts can use their “discretionary powers” and award sentences like “fine and admonition” if possible instead of sending the offenders to jails and release offenders on probation at pre-trial stage or after trial in deserving cases [Justice Amitava Roy Committee].

4. Infra

• Technological up-gradations: Biometric identification facilities, prisoner information systems, provision of CCTVs, video conferencing facilities, etc., are needed.
• Up-gradation of medical infrastructure: Beds, equipment, testing facilities, and vehicles for medical emergencies are necessary.
• Use of ICT: Video-conferencing for trial purposes [Justice Amitava Roy Committee].

5. Women Related: Report on ‘Women in Prisons’ by the Ministry of Women and Child Development in 2018:

• Grievance Redressal: A robust grievance redressal system and access to female counsellors or psychologists.
• Accommodation: Separate accommodation for mothers in the postnatal stage to maintain hygiene and protect the infant from contagion.

Best Practices

• Jammu Kashmir: A communication facility—first of its kind prison inmate calling system—introduced in District Jail Amphalla, allowing prisoners to make long-distance calls. This facility was introduced on the occasion of the 150th birth anniversary of Mahatma Gandhi. It enables inmates to connect with families over long distances.
• UK: Prison and Probation Ombudsman (Grievance Redressal) – A specialized inspection of prisons takes place every year in the UK. Routine government follow-ups increase accountability and ensure system transparency.
• Singapore: Yellow Ribbon Project (Community Involvement) – The project aims to reintegrate and rehabilitate prisoners. It involves prisoners voluntarily giving up all gang associations (including removing tattoos). A significant challenge prisoners face after release is overcoming the social stigma of having been in prison.