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Reddy
President
All India Prison Officers Association
09849904733 / 09440060055
E - Mail: kvreddydsp@yahoo.com
This has helped to know about the prisons, its inmates and their problems.
Accordingly, it is evident that the Indian Prison System is in crisis. The
dimensions of the problems faced by our contemporary prison system are such
as require prompt and effective action
There are 1305 prisons in India (Central Jail 93. District Jail-257. Sub-Jall
850, Open Jail-2. Special jail 28. Women jail I2.Borstal Institution-13 and Juvenile
and Lunatics Camps-13) having the authorized capacity of 214241.
We have the sanctioned Strength of 49030 of prison staff at various rank's out of
which the present staff strength is ?round 40000. 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 UK 2 prison officers are available only
for 3 prisoners.
Hence, over crowding in Prisons, prolonged detention of under-trial
prisoners, unsatisfactory living conditons. lack of treatment programmes and
allegations of indifferent and even in human approach of prison staff have
repeatedly attracted the attention of the critics over the years This raises an
interest to undertake a careful study about the ex~st ingIn dian Laws in relation to
Prisons, to conduct a survey on attempts at prison reforms in our country and to
analyze activism on the subject, with an objective of ensuring the minimum
human rights to the
Prisoners as well.
THE PROBLEM
Prison industries and work programs are archaic and devoid of any
rehabilitative value for inmates. The insertion of section 433-A in the Indian Penal
Code (IPC), making mandatory for the life convicts to serve at least 14 years of
actual imprisonment before being considered for premature release has jumped
their spirits for improving their behavior and work skillls.
On the lines of the Model Prison Manual. In 1972, the Ministry of Home
Affairs, Government of India, appointed a working group on prisons. It brought
out in its report the need for a national policy on prisons. It also made an
important recommendation with regards to classification and treatment of
offenders and laid down principles. In 1980, the Government of lndia set-up
a Committee on Jail Reform under the chairmanship of Justice A. N. Mulla.
Basic objective of the Committee was to review the laws, rules and regulations
keeping in view the overall objective of protecting the society and rehabilitating
the offenders. The Mulla Committee submitted the'report in 1983.
Existing Laws
Forthcoming Laws
Some important provisions of the aforesaid Acts and forthcoming Bills are
being discussed in detail as mentioned below:
The Prisons Act, 1894, streamlines a general and uniform footing of prison
administration throughout the country. Besides the aforesaid Act there has been
a number of Acts those plays an important role for the management of prison in
India. These are, lndian Lunacy Act -1952. Civil Jail Act - 1874, Borstal School
Act, Habitual Offenders Act. Young Offenders Act, Probation of Offenders Act -
1958, Children Act, Provisions of Indian Penal Code. Civil Procedure Code and
Criminal Procedure Code etc.
The Prisoner's Act 1900 consolidate the law relating to prisoners confined
by the order of court. It authorizes the officer in-charge (OIC) of a prison to
receive and detain a11persons duly committed to his custody. After execution the
OIC have to return the writ, order, or warrant etc., to the issuing authority.
Part. Ill of the act specifically deals with prisoners in presidency towns. For the
implementation of this provision, a Superintendent of Police to be appointed by
the State Government. If any writ, warrant etc. issued by the High Court
under criminal jurisdiction, it shall be executed by a police officer not below the
rank of Superintendent of Police appointed for this purpose according and under
the Act29. The prisoners Act 1900 applicable to the detention of young offenders
in the reformatory school.. It gives authority to the OIC for execution of sentence,
order and warrant of subordinate courts and tribunals. In case of doubt, the OIC
shall refer the matter to State Government after detaining the convict or accused
for the time beingJ0. Special provision has been made for lunatic prisoners,
those to be kept in Lunatic asylum and could be discharged by the order of State
GovernmentJ1. The State Government and Inspector General (IG) of Police has
power to order for removal and discharge of prisoners those granted free pardon
according to the recommendation of the High Court.
The Act provides rules and procedures for the attendance of prisoners in
Courts, in persons, for obtaining their evidence or for answering criminal charges.
The Civil and Criminal Courts has power under the Act to require the appearance
of prisoners to give evidence or answer any question. Such judicial orders shall
be forward to the OIC of the prison by Judicial Officer not below the rank of
District Judge as Judicial Magistrates - This jurisdiction is however limited within
a State only
The OIC of prison shall take the concerned person to the court and cause
him to be detained in custody near the court until the completion of ,court
process3'. If a prisoner could not brought before the court, the Magistrate has
power to issue Commission for examination of prisoners inside the jail35. In
the other hand, the State Government has power to exempt certain person from
personal appearance before court after detention and to make rule in this regard
This Act provides mechanism for the inter-state transfer of prisoners . The
government of the State with the consent of the other State, by order, can issue a
process for the removal of prisoners from the prison of one State to another. The
prison officers have to abide by the policy decisions of the both Governments.
Forthcoming Laws
After years of being tolerated with a mixture of cynicism and apathy the
issue of prison reform become a prime agenda
of both Central and State Governments now a days. As a result,
several new laws in connection to prison has coming forward
at the national level. These are as follows:
The bill clearly specified that the administration should deal with prisoners
in conditions compatible with human dignity. An outline of the lndian Prisons Bill -
1996, is prepared by the National Human Rights Commission of India. The
National Conference on Human Rights of Prisoners on Nov. 14. 1995
recommended to set up a Core Group for the finalization of AN OUTLINE OF
THE INDIAN PRISONS BILL, 1996". This "Outline" was circulated to various
States and Union Territories. This document was not legalistic in its language,
contents and form. It was a statement in simple prose of the ideas of the Core
Group. It called upon the State Governments to workout definite norms
for accommodation of prisoners. For this purpose, it has suggested a
comprehensive plan regarding residence, sanitation, health care and fooding40.
While recognizing every other aspects of prison management, the Bill
specificalby highlighted the need for an effective and adequate aftercare
strategy and staff development mechanism in order to maintain a pragmatic
prison management policyJ1. The Bill also suggested for the establishment of an
Advisory Board for the development of prisons and correctional services under
the Chief Secretary of the State to advise the Government on
relevant issues.
A survey on the provisions of the bill shows that, it has incorporate all
basic and relevant points of the previous legislations and manuals on the subject
of prison administration in India. The Bill has given a larger emphasis on the
development of prison infrastructure with necessary amenities and to afford the
inmates with minimum recruitment and rights of man and the establishment and
administration of prisons. The Bill recognized some new category of prisoners
like: security risk prisoners, persons suffering from infectious diseases, mentally
ill persons, drug addicted person, person involved in sociopolitical agitation,
preventive detenu and person who had courted arrest on any political cause45.
On the issue of prison discipline and punishment, the proposed Bill strongly
recommended the application Oof rule of national justice, as a pre-condition at
the time of punishing the inmates4$. The Bill gives due attention to issues like,
after care, rehabilitation of prisoners, open institutions, prison facilities, visitors
etc. Most importantly it suggested some amendments in lndian Penal Code and
Criminal Procedure Code in connection to punishment and imprisonment under
various Sections4'.
The Prison Management bill 1998 aims at consolidating and amending the lndian
laws in relation to prison. The proposed Bill while recognizing the right and duties
of prisoners as of the lndian Prisons Bill-1996, also enumerates the duties of the
prison staff. Accordingly, every officers of a prison shall all 6me avoid all contact
calculated to unduly irritate or among any prisoners, treat every prisoners with
tact, good temper, humanity and strict impartiality, with all necessary kindness,
andkonsideration to every prisoner, by maintain strict discipline
This is draft bill prepared by theGovt. of India on the basis of 'An outline of
the Indian Prisons Bill. 1996' and 'The Prisons (Administration and Treatment of
Prisoners) Blll. 1998" prepared by the NHRC. and enforce all laws, rules and
regulations in order to discharge all of the duties. assigned to him49. Specific
guidelines are suggested to maintain integrity in the public office holders in
the prison50. The proposed bill has given special attention for the protection of
under-trial prisoners. The State Government shall provide to every unconvicted
criminal prisoners transport facility to carry them conveniently to the court of taw
and adequate strength of police force shall be deptued as to sufficient for his
protection during the period when he is taken out of the prison for such
pruposes51. It empowers the State Government to establish open institutions
and to prescribe rules for the proper management of the same52. Section-71,
identifies the grounds constitute prison offences and section-72 prescribes the
punishment provisions for the same. The Bill also suggested regulations for
welfare of the women, adolescent and life convicted prisoners.
An analysis of the three aforesaid forthcoming prison laws shows that, they could
be very effective legal instruments in order to make our archaic prison laws up-to
date as well as according to the; expectations of the international human right
standard but, unfortunately even after years of drafting, the Bills never even
introduced in Parliament for legislation. Therefore, it is the high time that the
Central Government should immediately take action towacds this direction
without any further delay.
The Model Prison Manual is consists of 6 parts and 54 chaptes. Part one
deals with issues like : Headquarters organiration and Prison infrastructure.
Accordingly, the Prison and Correctional services shall be under the control of
the Home Department. The organizational set-up of the prison head-quarters
shall be headed by a Inspector General (IG) and the IG to be assisted by around
twenty types of subordinate officers including Deputy I.G., Prison Superintendent,
Correctional Officers e The power and function of the I.G., and other subordinate
officers are specifically recognized in the MPMs. The Model Prison Manual
recognized the importance of the reasonable diversification of prison institution
like, sepa~atei nstitution for delingquent children, adolescent offenders, habitual,
professional and organized criminals, women offenders, Leprosy unit, TB unit,
under trial prisoners, Sub-jail and open institutions. It has suggested the
establishment of central prison for inmates upto 750 specifically for the offenders
sentecned for terms of imprisonment exceeding two years. District prisons to be
established for offenders convicted under minor offences and the total
population inside the district prison shall not to be more than 40O.
Part Ill, of the MPM enumerates number of facilities for the Prisoners.
These are like: education, work, technical and vocational training, cultural
activities, leave and emergency . release, sanitation and hygiene, diet, aftercare
and rehabilitation. The MPM provides for physical, health, academic, social,
vocational, moral and cultural education of inmates and suggested a detail
course curriculum for the same.In the other hand, it has strongly recommended
that the prison work and training programme should be fundamentaliy integrated
with stafe and national economic policies and suggestdd for payment of
appropriate wages to prison w9rkersS9. Undr chapter XXVl the Manual has
highlighted that the cultural and recreational opportunities should be extended
to inmates in accordance with their.institutional behavior and response to
institutional regimes0. After care and rehabilitation under the MPM is aimed to
help a released person to over come his mental, social and economic
difficultiessi. Part IV - A of the MPM classified the inmates on the basis of gender,
age. punishment, stage of criminal proceeding and nature of crime etc. It helps
for a better prison administration and management. An analysis of the baisc
provisions of the M~M*shows that it not only enunciate principles for an efficient
management of prisons but also lay down scientific guidelines for correctiye
treatment of various classes of offenders2. However, very few could deny, the
fact that the MPM is already half a centruy old and the practice and experience
shows that the it lacks broad human right issues and judicial guidelines
recognizing the basic human rights for prisoners in order to make them
correctional institutions rather the house of captives. But whatever may be the
case: the MPM has served as an effective guideline for the development of state
prison manual in different states and Union Territories science its inception.
The UN recognizes the fact that, proper selection and training of prison
personnel is a pre-condition for proper implementation of prison laws and to
ensure the minimum human right norms to the prisoners. Hence, the UN's
Congress on the Prevention of Crime and the Treatment of Offenders have
adopted another resolution on 1 st September, 1955 regarding "Selection and
Training of Personnel for Penal Institutions". The Resolution prescribed a
and Correctional comprehensive mechanism for selection of right man for right
job in prisons and their proper trainings9. In the other hand, the UN Resolution
on 29 August 1955 on "Open Prison and Correctional Instituion" provides rules
and guidelines for the establishment, and administration of open priosns and
correctional institutions. The Resolution considers that the open institution marks
an important step in the development 0, modern prison system and represents
one of the most successful applications of the principles of the individualization of
penalties with a view-to social adjustment.
Among the other international initiatives -on the subject the United Nations
General Assembly Resolution on "Body of Principles for the Protection of All
Persnns under Any Form of Detention or Imprisonment - 1997' is a
comprehensive documents., It suggests various guidelines regarding treatment
of e,very type of person detained by the government authorities including the
police, investigating agencies, prison officers and the judical bodies.
Conclusion