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Consider the following statements:

  1. Statement-I: In India, prisons are managed by State Governments with their own rules and regulations for the day-to-day administration of prisons.
  2. Statement-II: In India, prisons are governed by the Prisons Act, 1894 which expressly kept the subject of prisons in the control of Provincial Governments.
Which one of the following is correct in respect of the above statements?
  1. Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I
  2. Both Statement-I and Statement-II are correct and Statement-II is not the correct explanation for Statement-I
  3. Statement-I is correct but Statement-II is incorrect
  4. Statement-I is incorrect but Statement-II is correct

Explanation

Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I
  • Prisons’ is a State subject under State List of the Seventh Schedule to the Constitution of India. The management and administration of Prisons fall exclusively within the domain of the State Governments and are governed by the Prisons Act, 1894, and the Prison Manuals of the respective State Governments.
  • Thus, States have the primary role, responsibility and authority to change the current prison laws, rules and regulations. Therefore, it is true that the Prisons Act of 1894 placed the responsibility of prisons under the jurisdiction of Provincial governments (State governments), which explains why State governments have the authority to establish their own rules and regulations for prison management.

Additional Information

  • The Ministry of Home Affairs, through the Bureau of Police Research and Development, prepared the ‘Model Prisons and Correctional Services Act, 2023’ and forwarded it to all States and UTs in May 2023, for adoption. In an attempt to overhaul the 1894 Colonial Act, the Model Prisons Act seeks to establish provisions for granting parole, furlough, and remission to prisoners to encourage good conduct. Additionally, it aims to provide separate accommodation for women and transgender inmates, ensure the physical and mental well-being of prisoners, and focus on the reformation and rehabilitation of inmates.
Answer: (a) Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I; Difficulty Level: Medium
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