International Journal of Political Science, Law and

International Relations (IJPSLIR)

APPROACHES FOR PRISON REFORMS IN INDIA

DR. CHINTAMANI ROUT1 & MULUVESALU KEYHO2

“It is not the prisoners that need reformation. It is the prisons.” -Oscar Wilde.

At the initial stages, prisons were merely places of detention where the wrongdoers were detained until the trial was
completed or execution of the latter was carried out. However, with the passage of time, the philosophy of punishment
underwent a change throughout the nations. At the international level, treatment of prisoners was guided by the
humanitarian principles which India supported. Thus, in India, the modern philosophy of punishment is reflected by a
mixture of deterrence, preventive and reformative theories together. By keeping in mind all three objectives of
punishment, efforts were made to reform the prison system through various approaches. The long journey of prison
reform movement in India began under the British Government with the appointment of the first Law Commission
followed by various Committees on prison reforms, enactment of laws and the efforts of government which continues
with the goal of modernizing the overall prison system. This paper presented the major contributions made towards the

Original Article
reformation of Indian prison system at the international to national level.

KEYWORDS: Prison, Punishment, Prison reforms, Reformation, Rehabilitation.

Received: Jan 31 2021; Accepted: Feb 19, 2021; Published: Mar 23, 2021; Paper Id.: IJPSLIRJUN20211

1. INTRODUCTION

The modern prison administration in India is the product of British Administration in India. According to the Mulla
Committee report, “our contemporary prison administration is the legacy of the British rule.3” During the British
colonial rule, the main objective of imprisonment was deterrence and retribution. Thus, the prison institution was
administered keeping that goal in mind. However, the philosophy of punishment underwent a change in Modern
Times. It is found in Roman law of Digest of Justinian, where the custodial principle was established with a
statement that “a prison is for confinement, not for punishment”. Today, imprisonment serves three main purposes
which may be described as deterrence, preventive and reformative. But among all, the primary purpose of sending
a criminal to prison is to reform the prisoner into a law abiding citizen by inculcating in him, the fear of
punishment and the ultimate revulsion of crime. Thus, reformation of prisoners occupies a key position in guiding
the prison reform movement throughout the nations including India.

1
Prof. (Dr.) Chintamani Rout, Head, Department of Law, NEHU, Shillong, Meghalaya, India
Email:[email protected]
2
Muluvesalu Keyho, Research Scholar, Department of Law, NEHU, Shillong, Meghalaya, India
Email:[email protected]

www.tjprc.org [email protected]
2 Chintamani Rout & Muluvesalu Keyho

Stressing on the rehabilitative goal of imprisonment, the Supreme Court of India held that “crime is a pathological
aberration”, the criminal can ordinarily be redeemed and the State has to rehabilitate rather than avenge. The sub-culture
that leads to antisocial behavior has to be countered not by cruelty but by re-culturalization. Therefore, the focus of interest
in penology is the individual and the goal is salvaging him for society. The infliction of harsh and savage punishment is
thus a relic of past and regressive times. Today, sentencing should be a process of reshaping a person who has deteriorated
into criminality and the modern community has a primary stake in the rehabilitation of the offender as the means of a
special defense. Therefore, a therapeutic rather than an “in-terrorem” outlook should prevail in our criminal courts, since
brutal incarceration of the person merely produces laceration of his mind.4” “The Modern trend places emphasis on the
reformation of an offender and his rehabilitation. Reformation and not retribution is the sentencing lodestar. 5”

2. INTERNATIONAL COMMITMENTS

India joined the United Nations Organization (UNO) before it secured independence and continued its membership
even after independence. At the international level, there are bodies to establish a minimum standard, which should be
protected by the nation members. India, being a member of the International Prison Congress, was expected to follow the
international standards in prison reformation. As a nation, India also ratified a number of documents prepared by the
International bodies which are summarized below.

2.1 The Asian and Pacific Conference of Correctional Administrators, 1980.

The first Asian and Pacific Conference of Correctional Administrators (APCCA) was held in Hong Kong in 1980.
Since then, the conference is being organized annually by the member countries rotationally with a view to provide a
forum for government officials responsible for prison and correctional administration within the Asia pacific region to
share ideas and work in the professional areas of correctional administration and to develop a network aimed at fostering
cooperation among the Asian-Pacific region. The 39th APCCA was held in Mongolia in the year 2019 and the agenda items
of this conference includes; “challenges and initiatives in corrections, using modern technologies to improve prison
operations, offender rehabilitation and the supervision of offenders in the community, managing and rehabilitating
offenders who have substance abuse or mental health problems, non-custodial sentences and parole: what are the
challenges and what works, and managing and rehabilitating juveniles and young adult offenders. 6”

2.2 The United Nations Body of Principles for the Protection of All Persons Under Any Form of Detention or
Imprisonment, 1988.

In 1988, “The Body of Principles for the Protection of All Persons under any form of Detention or Imprisonment” was
passed by General Assembly Resolution which was adopted without vote. On the subject of torture, it provides that “No
person under any form of detention shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
No circumstance whatever may be invoked as a justification for torture or other cruel, inhuman or degrading treatment or

3
Report of All India Committee on Jail Reforms (1980-83) Vol.1. Retrieved from
https://www.mha.gov.in/MHA1/PrisonReforms/Correctional_new.html
4
Mohd. Giasuddin v. State of AP, AIR (1977) SC 192
5
Saradhakar Sahu v. State of Orissa, (1985) CrLJ 1591
6
Asian and Pacific Conference of Correctional Administrators. Retrieved from
https://www.Apcca.org/library.php#page=resources

Impact Factor (JCC): 5.0038 NAAS Rating: 2.46

punishment.7” The report stated that the term “cruel, inhuman or degrading treatment or punishment should be interpreted
so as to extend the widest possible protection against abuse, whether physical or mental, including the holding of a
detained or imprisoned person in conditions which deprive him, temporarily or permanently, of the use of any of his
natural senses, such as sight or hearing, or of his awareness of place and the passing of time. The terms need to be
converted into practical points in relation to the daily activities within the prisons so that accountability can be fixed to
personnel.8”

2.3 The Basic Principles for the Treatment of Prisoners, 1990.

The Basic Principles for the Treatment of Prisoners was adopted and proclaimed by General Assembly resolution 45/111
on 14th December 1990. The United Nations (UN) desiring to reflect the perspective that the function of the criminal
justice system is to contribute to safeguarding the basic values and norms of society, recognize the usefulness of drafting a
declaration on the human rights of prisoners. India as a member state agreed to the impartial application of the basic
principles. The declaration comprise of eleven principles which can be summarized as follows: “all prisoners shall be
treated with respect due to their inherent dignity and values as human beings; there shall be no discrimination on grounds
of race, colour, sex, etc.; the religious beliefs and cultural precepts of prisoner should be respected; all prisoners shall retain
the human rights, fundamental freedoms as well as other rights set out in the United Nations covenants; all prisoners shall
have the right to take part in educational and cultural activities; efforts for abolition of solitary confinement as punishment
should be encouraged; conditions shall be created to enable prisoners to undertake remunerated employment so as to
facilitate them to financially support themselves and families; access to health services should be made available without
any discrimination and favorable conditions shall be created for the reintegration of the ex-prisoner into society under the
best possible conditions.9”

2.4 The International Covenant on Civil and Political Rights, 1966.

The International Covenant on Civil and Political rights, 1966 was adopted by the Government of India on 10th April,
1979. Being a member, India assures the rights regarding punishment and correction of the offenders as adopted by the
covenant. Article 6 to 15 of the Covenant directly covered the aspects regarding the rights of prisoners. The Covenant
stated that “every human being has the inherent right to life” and this right shall be protected by law. No one shall be
arbitrarily deprived of his life. In countries which have not abolished death penalty, sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary
to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of
Genocide. This penalty can only be carried out pursuant to a final judgment rendered by a competent court. Anyone
sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of
the sentence of death may be granted in all cases. Sentences of Death shall not be imposed for crimes committed by

7
Body of Principles for the Protection of All Persons under any form of Detention or Imprisonment, 1988, art. 6
8
Prathapan, P., (2015). Mahatma Gandhi on Prison Reforms. India: Partridge India
9
Basic Principles for the Treatment of Prisoners - OHCHR. Retrieved from
https://www.ohchr.org/en/professionalinterest/pages/basicprinciplestreatmentofprisoners.aspx

www.tjprc.org [email protected]
4 Chintamani Rout & Muluvesalu Keyho

persons below eighteen years of age and shall not be carried out on pregnant women. Nothing in this article shall be
invoked to delay or to prevent the abolition of capital punishment by any State Party to the present Covenant. 10”

2.5 The United Nations Standard Minimum Rules for the Treatment of Prisoners, 1955.

The Standard Minimum Rules for the Treatment of Prisoners was originally adopted by the United Nations Congress on
the “Prevention of Crime and the Treatment of Offenders”, held at Geneva in 1955. These Rules constitute “the universally
acknowledged minimum standards for the management of prison facilities and the treatment of prisoners and have been of
tremendous value and influence in the development of prison laws, policies and practices in member States all over the
world. On 17th December 2015, a revised version of the rules called the United Nations standard Minimum Rules for the
Treatment of Prisoners (the Nelson Mandela Rules) was adopted which provided a rationale to the use of imprisonment as
an important component of the criminal justice process”. 11 The first part covers all the essential aspects such as “basic
principles, prisoner file management, separation of categories, accommodation, personal hygiene, clothing and bedding,
food, exercise and sports, healthcare services, restrictions, discipline and sanctions, instruments of restraint, searches of
prisoners and cells, information to and complaints by prisoners, contact with the outside world, books, religion, retention of
prisoners property, notifications, investigations, removal of prisoners, institutional personnel, internal and external
inspections. The second part covers special categories of prisoners including those under sentence, prisoners with mental
disabilities and/or health conditions, prisoners under arrest or awaiting trial, civil prisoners, and persons arrested or
detained without charge”.12 Thus, these Rules symbolize an international movement towards rationalization of penal
policies from the viewpoint of human rights of prisoners as are not inconsistent with the conditions of incarceration itself. 13

2.6 The Universal Declaration of Human Rights, 1948.

The Universal Declaration of Human Rights (UDHR) is a milestone document in the history of human rights. It was
proclaimed by the United Nations General Assembly on 10th December 1948 as a common standard of achievement for all
peoples and nations. The Declaration was adopted by the Government of India in 1993. Out of 30 Articles, those which are
directly related to the rights of prisoners are found in Articles 5 to 11 of the Declaration. “No one shall be subjected to
torture or to cruel, inhuman or degrading treatment or punishment” (Article 5). “No one shall be subjected to arbitrary
arrest, detention or exile” (Article 9).

2.7 Amnesty International

Amnesty International was founded in 1961 by Peter Benenson, a British lawyer. It is a world embracing movement
working for the protection of human rights. The movement works for the release of women and men who have been
arrested for their convictions, color of their skin, ethnic origin or their faith provided that they have not themselves used
force or exhorted others to resort to violence. 14 Even in India, the movement works for the welfare of prisoners among

10
The International Covenant on Civil and Political Rights – OHCHR. Retrieved from
https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx
11
Nelson Mandela Rules –the United Nations. Retrieved from
https://www.un.org/en/events/mandeladay/mandela_rules.shtml
12
UN Nelson Mandela Rules – Penal Reform International. Retrieved from https://www.prisonreform.org/issues/prison-
conditions/standard-minimum-rules/
13
Mahaworker, M.B. (2006). Prison Management: Problems and Solutions. Delhi : kalpaz Publications
14
Amnesty International - History – NobelPrize.org. Retrieved from
https://www.nobelprize.org/prizes/peace/1977/amnesty/history/

Impact Factor (JCC): 5.0038 NAAS Rating: 2.46

others but no matter how well intended the organizations worked, the government of the day failed to cooperate on many
occasions. According to Amnesty International India, “governments who were lauded for releasing prisoners in response to
COVID-19 outbreaks have excluded human rights defenders from the measures and continue to make new arrests of
activists, journalists and critics. On 25th March 2020, the UN high commissioner for human rights urged all states to release
every person detained without sufficient legal basis, including political prisoners and those detained for critical, dissenting
views in response to COVID – 19 pandemic. However, several countries excluded human rights defenders from
decongestion measures in prisons and other places of detention. Even in India, many students and activists who had
participated in peaceful protests against India’s discriminatory citizenship law continue to be unjustly detained. 15”

3. APPROACH OF LAW COMMISSION AND VARIOUS COMMITTEES

Prison reform in India started with the appointment of Law Commissions and various Committees during British rule. The
Charter Act, 183316, which was enacted by the British Parliament provided for the establishment of a first Law
Commission in 1835 for the consolidation and codification of Indian Laws. 17 In 1836, based on the suggestion given by
T.B. Macauley, a Committee was appointed to look into the terrible conditions of prisons and submit the report thereon. In
1838, the Committee submitted its report “criticizing severely the corruption of the subordinate establishment, the laxity of
discipline and the system of employing the prisoners in extramural labour on public roads”. 18 After this, more Committees
were appointed in subsequent years for the purpose of prison reform.

During the pre-independence period, some of the notable reforms which were materialized in some parts of
prisons in India include infrastructural development, appointment of prison officials and staff, codification of various laws
and classification of prisoners. But the reforms were mostly confined to the institution without giving much emphasis on
the reformation of prisoners as the goal of imprisonment. The independent India took some interest towards prison
reformation due to the reason that most of the leaders of the movement of Indian Independence repeatedly suffered
incarceration in the hands of colonial rulers which inspired them to accord priority to prison reforms. Soon after
independence, a number of Committees were appointed such as Pakwasa Committee 1949, Reckless Commission (1951-
52), All India Jail Manual Committee (1957-59), Mulla Committee (1980-83), R. K. Kapoor Committee 1986, National
Expert Committee on Women prisoners 1987, Law Commission on Women in Custody 1989 and Committee on
Empowerment of Women in detention (2001-02) & (2016-17), which submitted numerous recommendations, suggestions
and reports towards prison reforms.

Some of the most notable outcome of prison reform from the above Commissions and Committees include the
following:

 As suggested by Pakwasa Committee, a Model jail was started at Lucknow in 1949. It was called model jail as the
prisoners were provided handloom machines and allowed to engage in similar other industries for the first time.

15
Virus-Hit Prisons Still Full of Human Rights Defenders, As Attacks Continue. Retrieved from
https://www.amnesty.org/en/latest/news/2020/08/attacks-on-hrds-during-pandemic-report/
16
3&4 Will 4 c 85
17
Introduction | Legislative Department | Ministry of law and Justice | GoI. Retrieved from https://legislative.gov.in/about-
us/introduction
18
Prison Reform - Ministry of Home Affairs. Retrieved from https://www.mha.gov.in/MHA1/PrisonReforms/report/html

www.tjprc.org [email protected]
6 Chintamani Rout & Muluvesalu Keyho

The first women jail was established in Maharashtra at Yerwada.19

 Based on the suggestion made by Dr. W.C. Reckless, “an All India Conference of Inspector General of Prisons
was also convened at Bombay in 1952, on whose recommendation a Committee was appointed to prepare a draft
of All India Jail Manual in 1957 and Central Bureau of Correctional Services was created in 1961.20” The Bureau
functioned under the Ministry of Home Affairs until 1964, then it was transferred to the newly created
Department of Social Security, now known as Ministry of Social Welfare.” The Bureau, however, continued to
function in connection with the matters relating to prison administration; the Director, later being designated as
ex-officio Prison Adviser to the Ministry of Home Affairs.21

 As recommended by R. K. Kapoor Group as well as Mulla Committee, the government has “provided financial
assistance to all the States under the Scheme of Modernization of Prisons Administration for components
consisting of security, communication and transport, repair and renovation of old prison buildings, medical
facilities, development of Borstal schools, facilities to women offenders, vocational training, modernization of
prison industries and training to prison personnel and for creation of High Security Enclosures in ten selected
States to lodge high risk prisoners.22”

 As a result of the report submitted by “National Expert Committee on Women Prisoners,” the Law Commission
of India also submitted its 135th Report concentrating on the problems of the “Women in Custody”.

 Realizing the importance of various challenges faced by women prisoners the “Committee on Empowerment of
Women” was appointed on the subject of “Women in Detention” (2001-2002) and “Women in Detention and
Access to Justice” (2014-2015) with the necessity to improve their conditions in prisons and the subject was
further reselected during 2015-16 and 2016-17 for detailed examination.

The Law Commissions and Committees submitted a bulk of recommendations for prison reforms till date.
Unfortunately, the truth remains that in spite of much effort resulting to some recommendations being implemented in
some jails, numerous problems still persist in various parts of the country including overcrowding, staff crunch, insufficient
infrastructure, poor health care, unhygienic living condition, violation of human rights, high number of under trials, lack of
rehabilitation and social reintegration program, etc. A study is required to be made as an urgent issue regarding the
common prevailing problems of the prison system in India. It is observed that rather than suggestions and
recommendations to be repeated by fresh committees, the government should focus on the execution of the same by
introducing effective guidelines and common authority for supervision.

4. LEGISLATIVE APPROACH

The enactment of laws for the regulation of prisons in India was started by the British government during colonial rule.
Initially, the motive of such legislations was for the administrative convenience of the latter. Moreover, the philosophy of
reformation as the goal of imprisonment was absent and the institutions were established on British model of prison. The
earliest legislations were made for specific provinces and not applicable uniformly for the whole country. Later, the All

19
Paranjape, N.V. (2015) Criminology & Penology with Victimology. Allahabad : Central Law Publications
20
Kathpalia, Girish (2014). Criminology and Prison Reforms. Haryana : LexisNexis
21
Id at 18
22
Ibid

Impact Factor (JCC): 5.0038 NAAS Rating: 2.46

India Committee of 1892 resurveyed the whole concept of jail administration’s ten existing and laid down detailed rules
which set the foundation of the Prisons Act, 1894.23 The Act was made applicable to all jails throughout the country as a
uniform law but also empowered the then existing provinces to enact their own prison rules for better administration. By
this Act, reformation began on various aspects such as; classification of prisoners based on different categories, use of
whipping was restricted and regulated, cellular confinement, prisoner’s diet and medical facilities were improvised, and
better facilities were provided to women prisoners.

In 1897, the Reformative Schools Act24 was enacted which was a major achievement towards prison reform as far
as the young offenders are concerned. This Act provided that the criminals below 15 years of age are to be sent to
reformative schools instead of prisons. This provision recognizes the importance of segregating young prisoners to protect
them from being exposed to the criminality of adult or hardened criminals. It was followed by the passing of the Prisoners
Act, 190025 to consolidate several Acts relating to prisoners who are confined by order of a court in different parts of the
statute-books so as to replace a number of separate enactments by a single Act. This Act covered those aspects not found in
the Prisons Act of 1894 including “prisoners in and outside the presidency towns, removal of prisoners, persons under
sentence of transportation and discharge of prisoners. In 1950, the Transfer of Prisoners Act, 195026 was passed to provide
legal sanctions for transfer or removal of prisoners from States to Union Territories and vice versa. In 1955, to cover the
area not found in previous Acts, the Prisoners (Attendance in Courts) Act27 was introduced to provide for the attendance in
courts of persons confined in prisons for obtaining their evidence or for answering criminal charges.

In 1951, the Government of India made a request under the Technical Assistance Program and the United Nations
sent W. C. Reckless, a technical expert on crime Prevention and Treatment of Offenders, for his recommendations on
prison reforms in India. Some of the key suggestions given by Reckless included the development of the whole time
probation, aftercare services for prisoners after release, establishment of new jails with specialized functions, legal
substitutes for short term imprisonment sentences, reduction of under trial prisoners, and periodical revision of Jail
Manuals. On the basis of the report of Reckless Commission and Jail Manual Committee (1967-59), the Government of
India passed the Probation of Offenders Act, 195828 which contains elaborate provisions relating to probation of offenders,
which are made applicable throughout the country. The Act provided four different methods to use in lieu of imprisonment
subject to certain conditions, which includes; “release after admonition, release on entering a bond of good conduct,
persons under twenty-one years of age are not to be sentenced to imprisonment unless the court calls for a report from the
probation officer or records reasons to the contrary in writing, and the person released does not suffer a disqualification
attached to a conviction under any other law.” The Repatriation of Prisoners Act, 200329 provided for the transfer of
prisoners of Indian origin to be brought to India to serve the remaining part of their sentence and vice versa with the
foreign prisoners. The object of this Act is to enable prisoners to be near their families which would help them in the
process of their social rehabilitation.

23
The Prisons Act, 1894 (Act 9 of 1894)
24
The Reformative Schools Act,1897 (Act 8 of 1897)
25
The Prisoners Act, 1900 (Act 3 of 1900)
26
The Transfer of Prisoners Act, 1950 (Act 29 of 1950)
27
The Prisoners (Attendance in Courts) Act, 1955 (Act 32 of 1955)
28
The Probation of Offenders Act, 1958 (Act 20 of 1958)
29
The Repatriation of Prisoners Act, 2003 (Act 49 of 2003)

www.tjprc.org [email protected]
8 Chintamani Rout & Muluvesalu Keyho

In India, as mentioned above, there are various laws covering different areas in each Acts for regulating Prison
administration. However, as a uniform law, the Prisons Act of 1894 which was enacted during the British colonial rule is
still applicable today. The government of today should realize the objective behind the Act which should change with the
changing time. As far as the effort of the government is concerned in the area of legislation, a new uniform law should be
introduced bringing together various aspects which are at present covered in different statutes. It should be remembered
that prisoners of the same offence subjected to imprisonment under the same law deserve equal treatment throughout the
country. Therefore, it is observed that a new law should be enacted not for a mere administrative convenience but the
overall improvement of the prison system in the country by inculcating the international guidelines of humanitarian
treatment and the reformation of prisoners as the goal of punishment.

5. POLICY DECISION OR MEASURES TAKEN BY THE CENTRAL/STATE GOVERNMENTS

In the post independence era, “Prisons, reformatories, Borstal institutions and other institutions of a like nature, and
persons detained therein; arrangements with other States for the use of prisons and other institutions” are placed in a State
subject under Entry 4, List II of the Seventh Schedule in the Constitution of India. It means, by law, each State has the
exclusive responsibility and legal authority to change the current prison laws, jail manual and regulations. However, the
Government of India through the Ministry of Home Affairs provides guidelines and advice to States and Union Territories
on various issues concerning prisons and prison inmates.30

5.1 Guidelines and Advisories

As mentioned above, the central government cannot directly intervene in the matters relating to prisons but contribute by
regularly issuing various guidelines to be followed by all the States and Union Territories. As a part of prison reforms,
some of the important guidelines issued for prison management include:

 “Guidelines for implementations of E-Prisons Project;

 Guidelines for allowing visit inside jails by individuals/NGOs/Company/Press for the purposes of undertaking
research, making documentary or interviewing the inmates, etc.;

 Guidelines for safeguarding the interest of the Death Row Convicts;

 Guidelines for reckoning half life spent in judicial custody of UTPs under Section 436A of Cr.P.C.;

 Bringing attitudinal change in prison officials;

 Strengthening of security arrangements in jails;

 Facilities to the children of women prisoners;

 Sensitization of prison inmates on HIV/AIDS;

 Advisory on the policy for the treatment of mentally ill prisoners-inmates;

 Ban of Smoking in prison premises;

 Transfer of prisoner from one jail to another;

30
PRISON REFORMS | Ministry of home Affairs | GoI. Retrieved from https://www.mha.gov.in/Division_of
MHA/Women_Safety_Division/prison-reforms

Impact Factor (JCC): 5.0038 NAAS Rating: 2.46

 Smuggling of drugs into prisons;

 Advisory regarding educational program for prison inmates;

 Supreme Court direction for installation of CCTV Cameras in all prisons of the country;

 Management of Covid-19 in Prisons, etc.31”

5.2 Model Prison Manual

“Recently, the Apex Court in Ramamurthy v. State of Karnataka32 brought to the fore an urgent need for bringing
uniformity in laws relating to the prisons and has directed the Central and State Governments to formulate a new Model
Prison Manual. Earlier, the All India Committee on Jail Reforms (1980-83) had also emphasized the need for a
consolidated law on prisons. Accordingly, with the approval of the Ministry of Home affairs, the BPR&D constituted a
Model Prison Manual Committee at the national level for the formulation of a Model Prison Manual. Consequently, in
2003, a Model Prison Manual was prepared by evolving national consensus on relevant issues relating to prison reforms in
India. With the passage of time and after having gained a better understanding of the ground realities, a need was felt to
revise and update the Manual to reflect developments of the past decade. Thus, on the directives of the Supreme Court, an
expert committee was appointed in a manner to ensure representation from across the States and to gain a holistic
perspective of the issues faced in prison administration. The Model Prison Manual 2016 represents the best practices from
across the country and strives to reflect the understanding behind constitutional provisions, Supreme Court directions on
prison administration and international instruments. The key features of the new Manual include emphasis on prison
computerization, special provisions for women prisoners, focus on after services, prison inspections, rights of prisoners
sentenced to death, repatriation of prisoners from abroad, enhanced focus on prison correctional staff to name a few. 33”
Under the Prisons Act of 1894, State governments are empowered to make rules to apply in the administration of its
prisons. Therefore, many states have already framed their own manual keeping in line with the Model Prison Manual while
some states follow the manual of another state.

5.3 Scheme of Modernization of Prisons

One of the major problems plaguing Indian prisons is the increasing numbers of under trials which is the main cause of
overcrowding. Therefore, to tackle this problem, “the Government of India started a Non-Plan Scheme namely
“Modernization of Prisons” in 2002-2003 in 27 states for five years with an outlay of Rs.1800 crore on a cost sharing basis
in the ratio of 75:25 between the Central and State Governments respectively. The components of the scheme include
construction of additional prisons to reduce overcrowding; repair and renovation of existing prisons and construction of
additional barracks; improvement in sanitation and water supply and living accommodation for prison personnel. The
scheme was extended for two years without additional funds to enable the State Governments to complete their activities
by 31.3.2009. The scheme has now ceased to exist as of 31.3.2009.34” The assessment report of the scheme revealed that
there is evidence of improvement especially in infrastructural development with the funds. It is evident that the States are
failing to keep up with the requirements of prison reforms due to financial shortage. Therefore, it is observed that

31
Policies & Guidelines | Ministry of Home Affairs | GoI. Retrieved from
https://www.mha.gov.in/MHA1/PrisonReforms/guidelines.html
32
AIR 1997 SC 1739.
33
Id at 30
34
Ibid

www.tjprc.org [email protected]
10 Chintamani Rout & Muluvesalu Keyho

periodical if not regular schemes for modernization of prisons should be introduced for the Central government to
financially assist the States while the latter may keep the responsibility of internal management and regulation of its
prisons.

CONCLUSIONS

Since the beginning of the 19th century, India has come a long way making effort to reform its prison system. Being a
member state of the UNO, India is committed to stand by International standard and implement its policies with regard to
prison management. Also, a number of Committees and Law Commission on prison reforms have been recommending
numerous ways to bring about reformation in the prison system. Unfortunately, in spite of the efforts made by the
Government through appointment of committees to study and suggest measures to solve prison problems, studies reveal
that there are still numerous problems prevailing in prisons throughout the country including overcrowding, human rights
violations, staff crunch, unsatisfactory living conditions, violence, escapes, custodial death and inadequate social
reintegration programs to mention a few. Today, the majority of prisoners in India are under trials but since they are
expected to stay for a shorter period, no correctional activities are proposed to them. Unlike the ancient philosophy, the
modern approach of punishment has shifted from retribution to the reformation and rehabilitation of prisoners. It is time to
introduce the international principles regarding humane treatment of prisoners into the traditional way of penal treatment in
India. Hence, the action policy for prison reforms needs to be executed keeping in view this paradigm shift of modern
penology. It is appalling to find that the administration of prisons in India is still governed by the Prisons Act, 1894, which
was enacted under the British Government mainly for the purpose of administrative convenience during colonial rule. A
major step towards reforming Indian prisons could be the amendment or enactment of new legislation to replace a more
than a century-old law and making it a uniform law for all the States as well as Union Territories.

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19. Id at 18
20. Ibid
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31. Id at 30
32. Ibid

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