Concept of Prison

Prisons serve as an arm of criminal justice system to punish the deviant

behaviour of a miscreant.

John Locke, the great English political theorist of seventeenth-century

expressed that men were basically good, but laws were still needed to keep
down ‘the few desperate men in society’.

The Online Oxford English dictionary defines prison as, “A building to which
people are legally committed as a punishment for a crime or while awaiting
trial”. In our country “Prison” falls under State subject in List II of the Seventh
Schedule to the Constitution of India. The administration of Prisons falls under
the ambit the State Governments and is administered by the Prisons Act,
1894 and the Prison Manual of the respective State Governments. Thus,
States have the preliminary responsibility and authority to change the
current prison laws, rules and regulations.

Importance of Prisons
The presence of prisons in our general public is an antiquated wonder since
Vedic period where the counter social components were kept in a place
recognized by the rulers to secure the general public against wrongdoing.
Prisons’ were considered as a ‘Place of Captives’, the place prisoners were
kept for retribution and discipline. At first, there was a conviction that
detachment and custodial measures would change the guilty parties but
gradually it is being substituted by the advanced idea of social defence.
Various issues concerning prisons are recognized by government and
specialists from time to time.

Justice V.R. Krishna Iyer has rightly observed: “In our world prisons are still
laboratories of torture, warehouses in which human commodities are
sadistically kept and where spectrums of inmates range from drift-wood
juveniles to heroic dissenters”

Today prisons serve mainly three purposes, which may be described as

custodial, coercive and correctional. Prison as a place of correction
historically is developing in conception.

Earlier prisons served only the custodial function, where an alleged offender
could be kept in lawful custody until he could be tried and if found guilty,
punished.

The Digest of Justinian, in Roman law, established the custodial principle with
the statement that “prison is for confinement, not for punishment” The
coercive function means that imprisonment may be used to command a
person to comply with an order made by the Court of law, whether civil or
criminal; if he complies, he is released.

The purpose of prison can be clearly said to be as that of the imposition of

punishment, rehabilitation of the prisoners and protection of prisoners.

Background
The cutting-edge prison in India began with the Minute by TB Macaulay in
1835. A committee to be specific Prison Discipline Committee was delegated,
which presented its report in 1838. The committee prescribed expanded
thoroughness of treatment while dismissing every single philanthropic need
and changes for the prisoners. Following the proposals of the Macaulay
Committee between 1836-1838, Central Prisons were developed from 1846.

The contemporary Prison organization in India is consequently a heritage of

British run the show. It is in view of the thought that the best criminal code
can be of little use to a group unless there is great hardware for the curse of
disciplines. In 1864, the Second Commission of Inquiry into Jail Management
and Discipline made comparative suggestions as to the 1836 Committee. In
addition, this Commission made a few recommendations with respect to
convenience for prisoners, improvement in diet, and clothing, bedding and
therapeutic care.

In 1888, the Fourth Jail Commission was designated. On the premise of its
suggestion, a consolidated prison bill was formulated. Arrangements with
respect to the jail offences and discipline were exceptionally analysed by a
meeting of specialists on Jail Administration. In 1894, the draft charge moved
toward becoming law with the consent of the Governor General of India.

 Prisons Act,1894
The Prisons Act, 1894 is the only consolidated framework with regards to jail
management and administration which operates across all parts of India. This
is an antediluvian act which operates without any amends to it. This act,
however, failed to resolve certain issues. The loopholes in the act were
subsequently addressed in the report of the Indian Jail Committee 1919-1920
pertaining to the rehabilitation and reformation of offenders, which were
recognized to be as the key objective of prison administrator.

 Indian Jail Reform Committee

In the year 1919-20, the Indian jail reform committee, appointed to suggest
prison reforms was headed by Sir Alexander Cardew. The committee took a
stand on an international perspective after observing the condition of prison
across the globe and laid down an inference that prisons should not only
have a deterrent effect but also have a reformative approach. The committee
emphasized the need for a reformative approach to prison inmates and
dejected the use of corporal punishment in jails. It suggested the utilization of
an inmate in productive activities. The Committee underlined the need for
aftercare programs for the released prisoners for the purpose of
rehabilitation.

As a measure of prison reform, the Jail Committee further suggested that the
maximum intake capacity of each jail should be set, depending on its shape
and size. In the meantime, there was an outcry for retention of solitary
confinement as a method of punishment.

 Government of India Act, 1935

The Government of India Act, 1935 is an important legislative framework
which resulted in the transfer of the subject of jails from the Center list to
that under the control and administration of provincial governments. This
further condensed the possibility of a uniform prison policy at a national
level. Thereafter the States started having their own prison policies, rules and
procedure.

 The Reckless Report, 1951

The Government of India invited the United Nations expert on correctional
work, Dr. Reckless in the year 1951, to embark a study on the prison
administration and to recommend policy reforms. He made a plea of
transforming jails into reformation centres through this report titled “Jail
Administration in India”. Furthermore, he also laid emphasis on modification
to be made in the out-dated manuals.

International Legislations

 The Universal Declaration of Human Rights

The General Assembly of the United Nations started a movement in the form
of the Universal Declaration of human rights in the year 1948. It lays down
principles of administration of justice. Following are few important provisions
which have been embedded in the draft-

(1) No one should be subjected to torture or to cruel, inhuman or degrading

treatment or punishment.
(2) Everyone has the right to life, liberty and security of person.

(3) No one shall be subjected to arbitrary arrest, detention or exile.

(4) Everyone charged with a penal offence has the right to be presumed
innocent until proved guilty according to law in a public trial at which he has
had all the guarantees necessary for his defence.

 The International Covenant on Civil and

Political Rights (ICCPR)
The International Covenant on Civil and Political Rights (ICCPR)remains the
core international treaty on the protection of the rights of prisoners. India
ratified the Covenant in 1979 and is bound to incorporate its provisions into
domestic law and state practice.

 The International Covenant on Economic,

Social and Cultural Rights (ICESR)
The International Covenant on Economic, Social and Cultural Rights (ICESR)
states that prisoners have a right to the highest attainable standard of
physical and mental health. Apart from civil and political rights, the so called
second-generation economic and social human rights as set down in the
ICESR also apply to the prisoners.

 Declaration on Protection from Torture,

1975
The UN General Assembly by consensus adopted a declaration on the
protection of torture. This declaration acts in tandem with the human rights
principles of an individual and protects that person from any kind of torture,
or inhuman and cruel behaviour.

 General UN directives
The UN standard Minimum Rule also made it mandatory to provide separate
residence for young and child prisoners from the adult prisoners. Subsequent
UN directives have been the Basic Principles for the Treatment of Prisoners
(United Nations 1990) for the Protection of All Persons under Any Form of
Detention or Imprisonment (United Nations 1988)
  Convention against Torture and other
Cruel, Inhuman or Degrading Treatment
The UN Assembly adopted, a document called Convention against Torture
and other Cruel, Inhuman or Degrading Treatment or Punishment wherein 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.
Though this is a concrete piece of legislation but unfortunately India has yet
not ratified to it.

Indian Committees and Acts

During the post-independence era various committees and acts have been
constituted to tackle the problems relating to prison administration in India.
The following entails brief insight into all the important committees and acts.

 All India Jail Manual Committee

The Government of India in the year 1957 accorded its assent to appoint All
India jail manual committee to prepare a model prison manual. The
committee laid down its submission in the year 1960. The report made
forceful pleas for formulating a uniform policy and latest methods relating to
jail administration, probation, aftercare, juvenile and remand homes, certified
and reformatory school, borstal schools and protective homes, suppression of
immoral traffic, etc. Moreover, the report suggested amendments in the
century old Prisons Act of 1894 to provide a legal base for correctional work.

 Model Prison Manual

The committee prepared the Model prison manual and presented it to the
Government of India in 1960 for its implementation. The manual is the basis
on which the current Indian prison management is regulated. The Model
prison manual paved way for the Ministry of home affairs, Government of
India in the year 1972, to appoint a working group on prisons.

 Working Group on Prisons

In 1972, the Ministry of Home Affairs, Government of India, appointed
a Working Group on Prisons which presented its report in 1973[16]. This
Working Group brought out in its report the need for a National Policy on
Prisons. Its salient features are as under: –

(1) To make effective use of alternatives to imprisonment as a measure of

sentencing policy.

(2) Emphasized the desirability of proper training of prison personnel and

improvement in their service conditions.

(3) To classify and treat the offenders scientifically and laid down principles of
follow-up and after-care procedures.

(4) That the development of prisons and the correctional administration

should no longer remain divorced from the national development process and
the prison administration should be treated as an integral part of the social
defence components of the national planning process.

(5) Identified an order of priority for the development of prison

administration.

(6) The certain aspects of a prison administration are included in the five-year
Plans.

(7) An amendment to the Constitution be brought to include the subject of

prisons and allied institutions in the Concurrent List, the enactment of
suitable prison legislation by the Centre and the States, and the revision of
State Prison Manuals be undertaken.

 Mulla Committee
In 1980, the Government of India set-up a Committee on Jail Reform, under
the chairmanship of Justice AN. Mulla. The basic objective of the Committee
was to review the laws, rules and regulations keeping in view the overall
objective of protecting society and rehabilitating offenders. The Mulla
Committee submitted its report in 1983[17]. The All India Jail Committee
focuses on bringing equilibrium between States and Union territories on the
legal framework concerning prison administration.

The Committee suggested setting up of a National Prison Commission as an

enduring body to bring about modernization of prisons in India. The
Committee also made a proposition that the existing dichotomy of prison
administration at Union and State level should be removed. It recommended
a total ban on the atrocious practice of associating together juvenile
offenders with hardened criminals in prisons. The Committee also
recommended separation of mentally disturbed prisoners and their
placement in mental asylums. Another recommendation of the Jail Committee
was a vis-à-vis classification of prisoners on the scientific and rational basis.

Some of the prominent recommendations of the Mulla Committee are:

1. The condition of prisons should be improved by making adequate

arrangements for food, clothing, sanitation, ventilation etc.
2. The prison staff should be properly trained and organized into
different cadres. It would be advisable to constitute an All India
Service called the Indian Prisons &Correctional Service for
recruitment of Prison officials.
3. After-care, rehabilitation and probation should constitute an integral
part of prison service. Unfortunately, probation law is not being
properly implemented in the country.
4. The media and public men should be allowed to visit prisons and
allied correctional institutions periodically so that public may have
first-hand information about conditions inside prisons and be willing
to co-operate with prison officials in rehabilitation work.
5. Lodging of undertrials in jail should be reduced to bare minimum
and they should be kept separate from the convicted prisoners.
Since under trials constitute a sizable portion of the prison
population, their number can be reduced by speedy trials and
liberalization of bail provisions.
6. The Government should make an Endeavour to provide adequate
resources and funds for prison reforms [19].

 Krishna Iyer Committee

The Government of India in the year 1987 appointed the Krishna Iyer
committee to carry out a study on plight of the women prisoners in India. It
has recommended the induction of more women in the police force with a
view of their special role in controlling women and child offenders. The
committee submitted its report in the year 1988 to the Government of India.

Subsequent Developments
The Supreme Court in Ramamurthy vs. State of Karnataka [20] 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 is still limping to
find its place.

The All India Committee on Jail Reforms (1980-1983), the Supreme Court of
India and the Committee of empowerment of women (2001-2002) have all
pressed on the need for a comprehensive revision of the prison laws but the
process of revision and implementation have a remorseful future.

Prisoners Rights

 Constitutional Provisions
The rights of all human beings are safeguarded by our constitution. Ironically,
the prisoners are treated differently; not par with non- prisoners and their
rights are denied and neglected.

This is a major concern which needs to be addressed to protect the edifice of

the constitutional provision. The Supreme Court in its various judgments has
declared prisoners as a natural as well as a legal person. It is the
responsibility of the Courts to protect these détentes from torture,
harassment and provide them with justice.

(a) Right to life and personal liberty

Right to life is much more than mere physical existence. Furthermore, the
Supreme Court has widened its horizon while interpreting Article 21 of the
Constitution by the inclusion of right to life with human dignity. Mere animal
existence is not the criteria. The Supreme Court held that right to life is one
of the basic human rights, guaranteed to every person by Article 21 and not
even the State has authority to violate it.

(b) Right to health and medical treatment

The Supreme Court in various cases has declared the right to medical care
comes under the ambit of Article 21 of the Constitution.

It imposes an obligation on the state to preserve life. This right is a basic

human right. But we still find instances where the prisoners’ health is
neglected, and no proper healthcare facilities are accorded. This can be
clearly termed as a violation of one’s fundamental rights by the state. The
state has a moral duty cast upon it to preserve and protect the life of the
ailing convicts.
(c) Right to a speedy trial
The Supreme Court has considered the right to a speedy trial as one of the
essential ingredients of Article 21 of the Constitution. Delay in the disposal of
cases is a denial of justice, so the Court is expected to adopt necessary steps
for expeditious trial and quick disposal of cases. [21] The Supreme Court has
stated guidelines for affecting the right to a speedy trial but unfortunately, it
has ignored the time frame for the trial of these offences. The right to a
speedy trial can be demanded by the accused at any time during proceeding
i.e. investigation, inquiry, and appeal and so on. The time limit for the offence
changes with various circumstances. The Court comes to conclusion in the
interest of natural justice that when the right to speedy trial of an accused
has been infringed the charges of the conviction shall be quashed. [22]

The unreasonable detention of the prisoners is clearly violative of Article of

21. The constitutional guarantee of speedy trial is an important safeguard to
prevent undue and oppressive incarceration prior to trial; to minimize anxiety
and concern accompanying public accusation and to limit the possibilities
that long delays will impair the ability of an accused to defend him.

(d) Right to free legal aid

Right to free legal aid is one of the facets of Article 21 of the constitution
which casts a duty upon a state to provide legal recourse. The State is under
a constitutional mandate to provide legal redressal to the ones who are
unable to afford it. The state cannot sway away from its liability on the
ground of unavailability of funds and deformities in administration.

The only pre-condition for providing free legal aid is that the accused who is
charged with an offence, the conviction of that being imprisonment, and the
social need requires that he been given free legal aid. But there may be some
cases such as economic offences, prostitution, where social justice requires
that the accused must not be given free legal aid. The prisoners should also
have access to legal justice without any interference from the prison
authority. Any arbitrary procedure to regulate the interviews between the
prisoners and the legal advisor is completely unjustified. Regarding the right
of free legal aid, Justice Krishna Iyer declared that “this is the State’s duty
and not Government’s charity”. If a prisoner is unable to exercise his
constitutional and statutory right of appeal including Special Leave to Appeal
for want of legal assistance, the Court will grant such right to him under
Article 142, read with Articles 21 and 39A of the Constitution. [23]

(e) Right to reasonable wages for work

The notion behind the payment of reasonable wages to the prisoners for the
work is that it will create a healing effect on the minds of the prisoners. It is
not only the legal right of a workman to have wages for the work, but it is a
social imperative and an ethical compulsion.
The wages should be equitable to fulfil the objective of rehabilitation of the
prisoner and the compensation to be paid to the victim. Fair and equitable
wages if not paid would result in bonded labour and further would violate the
fundamental right enumerated in Article 23 of the Constitution. In order to
decide the quantum of wages to be paid to the prisoners, the state should
constitute a wage fixation body and allow suggestions and recommendations
from that body.

(f) Directive Principles of State Policy

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 are unable to engage a lawyer due to lack of means to defend
themselves in the Court for the criminal charges brought against them.

 Other Rights

 Right to Bail
The bail ought to be allowed to the persons when there is no sensible worry
with respect to the accused that he will flee and will evade the appearance
under the steady gaze of the Court. Bail can be an extremely helpful
apparatus for mingling a detainee. In addition, the bail candidate should have
the capacity to set up his protection more productively than one who stays in
jail custody. This advances the social and open equity as well as maintains a
strategic distance from the extensive open costs in keeping the under trial in
custody, where no threat or unsettling influence or vanishing on the
substance of the record.

 Right to basic amenities

Every prisoner shall be provided by the administration at the usual hours with
food of nutritional value adequate for health and strength, of wholesome
quality and well prepared and served and accommodation of suitable nature.

 Right against Arbitrary prison punishment

In the Right against Arbitrary prison punishment, the prisoner has a right to
entitlement in case of disciplinary violation to have precise information as to
the nature of violation of prisons Act and Rules, to be heard in defense, to
communication of the decision of disciplinary proceedings and to appeal to
the Inspector General of Prisons as provided in the rules under the Act.

 Right to leave and special leave (Furlough and Parole)

Right to leave is matter of right of the prisoners granted only after a condition
prescribed in various manuals, acts etc. Ironically there is no national
framework which prescribes the number of days for which the parole or
furlough is to be granted. The grant of parole is discretionary in nature and
depends on the facts and circumstances of each case.

Special Treatment
The law extends its protection to the most vulnerable section of the society,
i.e. the youth and women offenders who are in actual need of security,
safety.

 Females
The element of security and safety in the lockups, prisons have to be given it
due accord while considering the female suspects.

Further, the Court directed that the concerned prison authorities should take
into consideration before sending the prisoner to jail that all reasonable
facilities of ensuring pre- natal and post-natal care for the mother and the
child are provided.

The children of the women prisoners should be provided with facilities of

health care, education and recreation. Facilities such as crèches, foster
homes can add to the better care and custody of the child.

 Youth Offenders
The youth offenders if kept with the adult offenders will impact the mindset of
these youth.

It is very important to keep in mind, is that the younger the offender the
greater the care he needs and the more tactful and sympathetic has to be his
handlings.[24] The young offenders should be sent to borstal school where the
young offenders are endowed with opportunities of educational and
vocational training to reform them. These schools can be precisely described
as “Reformative schools”. The facility of foster care also has to be given an
impetus to enhance the reformation in the youth offender.

Approaches

 Socialistic Approach
The prisoners are human beings like us. The society still looks down upon
them. They are socially outcast from every sphere of society. It is not only the
prisoners’ reformation which is required but most importantly it is the
mindset of the society which needs reformation. If the society neglects it then
it fails to accord equal status to human being irrespective of various terms.
Society, as an important institution, endeavours the development of an
individual. The aftercare programmes will give an impetus to the growth and
development of an offender. Community basis participation will help the
offender to interact with the community and to pace his degree of
rehabilitation and reformation.

 Educational Approach
The mechanism for achieving this revolution in approach to prisons is to
confer responsibility for education and freedom to design their own
curriculum. Education will be a key part of prison life. The educational
approach will not only help the illiterate ones but also the literate ones.
Incarceration should not act as a hindrance in the overall development of the
personality of the offender. The prisoners should be provided with ample
opportunities to pursue his education and furthermore if any training or
special teaching is required for pursuing; the same should be made available.
The Universities should collaborate with prison authorities and can start
ahead with distance learning programs, degree courses, etc. so that the
prisoners do not feel differentiated from being a citizen who has right to
education.

 Reformative and Therapeutic Approach

India still holds and believes in its spirit, the reformative theory of
punishment. The reformative approach is a holistic one and focuses on
reforming the individual through various channels. This approach has been
devised to reform the individuals to repent for a crime committed and it
works as a device of self- realization of one’s mistake. Furthermore, the
therapeutic approach deals with the offender being under the continuous
supervision and care of the counsellor or the psychoanalyst. In this way, the
prisoner will share his grievances and his behaviour will be understood in a
clear manner. The alternative of meditation can help achieve mental peace to
the prisoners, it can be sought to construe as a channel of relief for them.
This approach merely revolves around the concept of mental study of the
human mind. The concept of psychological analysis is briefly discussed as
under

Psychoanalysis is a school of psychology founded by Sigmund Freud. This

school of thought emphasized the influence of the unconscious mind on
behaviour.

Freud believed that the human mind was composed of three elements:
  The id – The id consists of primal urges

 The ego – The ego is the component of personality charged with

dealing with reality.

 The superego – The superego is the part of personality that holds all
the ideals and values we internalize from our parents and culture.

Freud believed that the interaction of these three elements was what led to
all the complex human behaviors. Freud’s school of thought was enormously
influential, but also generated considerable debate. This controversy existed
not only in his time but also in modern discussions of Freud’s theories. [25]

 Recreational Approach
Recreational activities should be given equal impetus. These activities
include outdoor activities like sports, cultural programs, handling prison
industries. The prisoners who are interested in developing a career through
these activities should be supported. These activities not only would develop
prisoners’ physique but would refresh his mental state and would serve as a
break from the tiresome work and would imbibe in him a spirit of
sportsmanship. The inclination towards the literature should be given due
consideration by making available various books on self-help, motivation,
novels, etc. The library should be available 24*7 to the prisoners. The most
innovative is the idea of setting up souvenir shops and handling the prison
business; this would not only serve as an activity but would also generate
income for the prison.

Click Above
Alternatives to Punishment

 Parole
Parole is thus a grant of partial liberty or lessening of restrictions to a
convicted prisoner, but released on parole does not, in any way, change the
status of the prisoner. Parole is a penal device which seeks to humanize
prison justice. It enables the prisoners to return to the outside world on
certain conditions. The main objects of the parole as stated in the Model
Prison Manual are:

1. a) To enable the inmate to maintain continuity with his family life

and deal with family matters
2. b) To save the inmate from the evil effects of continuous prison life.
3. c) To enable the inmate to retain self-confidence and active interest
in life.[26]

 Fine
Fines are a common punishment for an assortment of violations, particularly
for less serious offences committed by first-time offenders. Offences that are
normally rebuffed with fines incorporate minor drug possession, fish and
game violations, traffic violations, first-time drunken driving cases. In more
serious offences or where the litigant has a criminal record, many judges
combine fine with other punishment, for example, detainment, community
service, suspended sentence and probation.

 Suspended Sentence
As another option to detainment, a judge can issue a suspended sentence
where he or she either forgoes passing on a sentence or settles on a
sentence yet avoids doing it. This is by and large saved for less serious
offences or first-time offenders. Suspended sentences can be unconditional
or conditional.

 Probation
Another alternative to prison is probation. Like a suspended sentence,
probation discharges a defendant back into the community, but he or she
does not enjoy the same level of freedom as a normal citizen. Courts
normally allow probation for first-time or low-risk offenders. Statutes decide
when probation is conceivable, yet it is up to the condemning judge to decide
if to really allow probation.

Probation accompanies conditions that confine conduct, and if the

probationer disregards one of those conditions, the Court may repudiate or
change the probation. Courts have a great deal of watchfulness while
probation conditions.

 Restitution
Restitution is like a fine, but the payment made by the culprit goes to the
victims of that crime rather than to the Court or municipality. This was
suggested in the 78th Law Commission Report [27]. Judges usually order
restitution in cases where victims endured some sort of monetary loss due to
the crime committed. The payment is intended to make the victims whole
and restore them financially to the point they were at prior to the commission
of the crime.

For example, a litigant who harmed the victim in a fight might be asked to
pay the victim for his medicinal expenses.

 Community Service
Judges can condemn litigants to perform unpaid community work called
“community service” to compensate an obligation to society for having
committed the offense. The litigant might be required to perform community
service notwithstanding getting some other type of punishment, for example,
probation, a fine, or compensation.

 Diversion
Certain sort of offences and offenders may qualify for programs that bring
about having charges rejected if the respondent completes indicated
conditions. It can be called diversion or deferred adjudication; these projects
take out the respondent from the common procedure of indictment so he or
she can complete certain conditions. When he or she is done, either the
prosecutor or the Court expels the charges.

The objective of diversion programs is to permit a litigant a chance to show

that they are fit to act responsibly, and this method is commonly used for
drug offences or first-time offenders. Normally the conditions imposed include
counseling or probation.
Problems
The Supreme Court, in its landmark decision in Ramamurthy v. State of
Karnataka[28] has identified nine major problems which need immediate
attention for implementing prison reforms.

The Court observed that the present prison system is affected with major
problems of-

 Rampant Overcrowding
India’s prisons are overcrowded with an occupancy ratio of 14% more than
the capacity of the prisons. Due to severe overcrowding in these prisons, the
segregation of serious criminals and minor offenders has turned out to be
difficult, which can, in turn, cause bad influence over minor offenders. They
might turn into professional offenders due to their continuous contact with
hard criminals. Prisons in India have a sanctioned strength of 49030 of prison
staff at various ranks, of which, the present staff strength is around 40000.

 Delay in Trials
According to what statistics represent, 67% of the people in Indian jails are
undertrials. Under trials refer to those people who are detained in jail amid
trial, investigation or inquiry yet not indicted of any crime in the Court of law.
The share of the jail populace anticipating trial or sentencing in India is
commendably high when compared to other countries.

 Torture and Ill-treatment

The prisoners including the undertrials are forced to do severe labour without
any remuneration and treated with utmost torture and are made to do
rigorous work which is barred by law. There has been a continuous rise in the
custodial deaths due to torture and ill-treatment towards prisoners in jail.
Women prisoners are more vulnerable to abuse.

 Severe staff crunch

While 33% of the aggregate prerequisite of jail authorities still lies vacant,
right around 36% of opening for regulating officers is yet unfulfilled. The ratio
between the prison staff and the prison population is approximately 1:7. It
means only one prison officer is available for 7 prisoners, while in the UK, 2
prison officers are available for every 3 prisoners.
Without adequate prison staff, overcrowding in the prisons prompts
widespread savagery and other criminal exercises inside the prisons. [29]

 Neglect of Health and Hygiene

The prisoners in India suffer from severe unhygienic conditions, lack of proper
medical facilities and consistent risk of torment and misuse. Women
prisoners suffer more in these prisons due to lack of hygiene facilities. It may
be at the time of their pregnancy or other complications.

 Insufficient food and Inadequate clothing

Food and clothing provided in the prisons are barely enough to survive. It is
inadequate and insufficient for the prisoners which lead to harsh effects on
their health.

 Deficiency in Communication
The prisoners are left to live in isolation without any contact with the outside
world, their family members and relatives. They remain uninformed about the
lives and wellbeing of their family.

 Management of Open-Air prisons

It becomes very difficult to manage open-air prisons due to the prevailing
overcrowding scenario in the prisons, staff crunch and weak management in
prisons.

 Psychological effect
Lack of inspection and crude usage of oversight mechanisms transform
prisons intro startling wrecks with poor living conditions. This rot in the
criminal justice framework affects the psychological condition of the prisoner.
It causes adverse psychological effects such as depression, claustrophobia,
anxiety and panic attacks, stress etc. it makes the prisoner more vulnerable
than before to criminal penchants. The prisoner leaves the prison more
demolished than improved.

 Lack of transparency
Another issue confronting the Indian justice system is the absence of
transparency. It is seen that the Right to Information (RTI) Act is thoroughly
out of the ambit of the legal framework. Hence, in the working of the
judiciary, the significant issues like the nature of equity and responsibility are
not known appropriately.

 Disparity in Laws and Dispensing Justice

It is evident that disparity exists in the implementation and application of the
law. There is a lack of uniformity in the remission laws governing each state.
The quantum of punishment differs at varied length.

Remedies

 Increase in wages
The remuneration given to the prisoners should be enough to suffice their
sustainable living.

 Speedy Trials
The prisoners languishing in jail should be given legal aid at the earliest by
accelerating the pace of the criminal justice system.

 Separation of Under Trials, women

offenders, first-time offenders and youth
offenders
Under trials are usually people who haven’t been convicted of the offence yet
and such prisons should be kept in a separate prison cell, away from
hardened criminals so that they do not get influenced by such offenders.

 Increasing to number of prisons

To deal with the problem of overcrowding the number of prisons should be
increased in the country and prisoners should be transferred from
overcrowded prisons to prisons where there are prisoners are sparse. People
should be appointed with such management skills that are required to deal
with overcrowding. Imprisonment should not be the punishment but should
be substituted with high penalty in case of petty offences.

 Improved Transparency
The transparency in the judicial system should be increased to understand
the actual scenario in the prisons. Transparency can be brought by NHRC
inspections and Court mandated inspections and mainly the follow up of
these would serve the purpose.

Suggestions
 Touch-screen Kiosk Application: There are numerous touch-screen
kiosks around the prison for prisoners to use. At these kiosks’
prisoners can access their PDR, remission earned, prisoner property
and cash details, parole/furlough application status, transfer status
and under-trial detention alarm. Most prisoners are literate, but
those, that are not, can get education classes inside the prison,
including how to read and write in English.
 A mobile complaint box should be installed outside the prisoner’s
cell to ensure the problems of the prisoners are taken into
consideration. The key to such should be only with the bodies which
will inspect the prison.
 The prison waste which is collected should be turned into a
biofertilizer and sold to various companies and the profit should be
shared with the prisoners.
 Mentally ill should be accommodated in the psychiatric wing if such
wing exists in the prison hospital, or he should be sent to the
nearest mental hospital for treatment. Further, if the prisoner fails to
recover from mental illness even after completing half of the
maximum term of conviction, the State Government should consider
his case for release.
 Campus placements to the ones who have completed their
education in the prisons.
 Prisoners Welfare Fund with Government contribution shall be
created in all the States to undertake various welfare measures for
Discharged Prisoners and their families.
 To set up a State Board of Visitors to visit prisons at regular
periodicity and to report on conditions prevailing in the prisons for
consideration of the State Government;
 Sanitation and hygiene: Some of the important recommendations in
this area are properly equipped laundries for washing, disinfecting
and fumigating clothes and beddings; ratio of latrines should be 1:7
prisoners; cubicles for bathing at the rate of 1:10 prisoners; covering
 of open gutters in prisons; inspection of every prison by the local
Public Health Officer periodically.
 Inspection shall be carried by the advisory body at regular intervals
without interference from the prison authorities. The prison
administration should be brought under the ambit of the Right to
Information, Act 2005.
 Use of Technology: For people on parole and for first-time offenders,
it would be better if, instead of imprisoning them, the State could
simply put an ankle tracker on them and provide them with a
relative degree of freedom. This would also cost the State far less
money to house, feed and care for them. While the state has the
technical capability to do this, it does not yet have the system to
monitor and ensure that people on GPS software are doing what
they are supposed to do.
 Installation of CCTV cameras in the cells.
 Appointment of the Welfare Officer
 Extensive use of Probation Services in deserving cases by amending
the appropriate provisions of the Probation of Offenders Act, 1958,
adequately strengthening the infrastructure of the Probation
Services and arranging sensitization programs regularly for judicial
Officers, Prosecuting Officers and Police Officers.
 Insertion of a new Section 357-A in the Cr.P.C, 1973 for the payment
of compensation to the victims of crime out of the earnings of the
Prisoners under Wage Earning Scheme.
 Amending the existing Section 53 of the Indian Penal Code to
include the Community services as one of the punishments
prescribed under this Section.
 Amending suitably the existing Section 433 of the Cr.P.C to consider
and release under the Advisory Board Scheme the Lifers who offer a
good prognosis for reformation and rehabilitation even before the
completion of 14 years of actual imprisonment say 8-10 years.
 Allowing NGOs and Philanthropists who are really interested in the
welfare of Prisoners liberally in all the treatment programs in Prisons
like Classification, Education, Vocational training, Medical and Health
care, Sanitation and Hygiene, Recreation Activities etc.
 As per the existing provision, the duties, rights and privileges of
Prisoners should be printed in bold letters in vernacular language
and pasted at several prominent places inside the Prison to make
the prisoner aware of the same. Ahead of this, marquee of the
above with picturization may be installed in conspicuous places for
better understanding and learning of the prisoners.
 To alleviate the misuse of Adolescent offenders by the Adult
Prisoners in Prisons they may be segregated and confined in Borstal
Schools (Remand).
 There should be a minimum fixed tenure for the investigating
officers to ensure timely completion of investigation and trial.
 Role of National Human Rights Commission should be widened.