Prison Reforms in India

Table of contents

Context (TH): Indian prisons struggle to balance their dual roles of punishment and rehabilitation.
The recent introduction of the Model Prisons Act 2023 seeks to modernize India’s prison system and address these long-standing issues.

The Current State of Prisons in India: A Call for Prison Reforms

Overcrowding: Prisons house over 5.73 lakh prisoners against a capacity of 4.36 lakh (NCRB 2022); some operate at more than 200% capacity.
Understaffing: 33% vacancies among prison staff; shortage impacts administration and security.
High Percentage of Undertrials: 68% of prisoners are undertrials, often languishing for years without conviction.
Poor Infrastructure: Inadequate hygiene, healthcare, food, clothing and lack of separate spaces for undertrials, convicts, and hardened criminals.
Limited Reformation: Focus on punishment over rehabilitation, with inadequate vocational training, education and reintegration programs.
Mental Health Crisis: Over 9,000 prisoners with mental illnesses and 150 suicides, compounded by a lack of mental health professionals in prisons.
Inequality and Corruption: Influential prisoners receive preferential treatment, while corruption facilitates illegal activities within prisons.
Barriers for Persons with Disabilities (PwDs): Inaccessible cells and facilities, with Father Stan Swamy case highlighting the severe conditions for disabled inmates.

Human Rights Violations: Denial of basic rights leads to inhumane living conditions.
Increased Criminality: Poor rehabilitation increases chances of reoffending.
Judicial Challenges: Foreign courts cite poor prison conditions to deny extradition requests.
Global Reputation: Non-compliance with international standards, such as Nelson Mandela Rules, damages India’s image.

Justice A.N. Mulla Committee (1980): Suggested increasing staff and bringing prison management under the Concurrent List.
Justice Krishna Iyer Committee (1980): Highlighted issues faced by women prisoners.

Replaces outdated colonial laws like the Prisons Act, 1894.
Separate accommodations for women and transgender inmates.
Emphasis on rehabilitation through skill development and vocational training.
Transparency through grievance redressal and technological integration (e.g., video conferencing with courts).

Legal and Policy Reforms: Strictly implement Section 436A of CrPC to reduce undertrial incarceration.
Infrastructure Development: Build more prisons to ease overcrowding; upgrade hygiene, healthcare, and accessibility; introduce open prisons based on Rajasthan’s model.
Focus on Mental and Physical Well-being: Implement the National Mental Health Policy, 2014 and increase mental health professionals and counselors in prisons.
Rehabilitation and Aftercare: Provide vocational training and skill development, establish aftercare and probation programs to reduce recidivism.
Data and Accountability: Conduct regular audits and monitoring; maintain records on prisoner demographics, particularly for PwDs.
Technological Integration: Install jammers to prevent unauthorized communication; use video conferencing to reduce the need for prisoner transport.

Reduced Recidivism (tendency of previously convicted individuals to relapse into criminal behavior): A focus on rehabilitation can transform offenders into productive members of society.
Human Rights Compliance: Aligns India with global standards like the UN’s Nelson Mandela Rules.
Better Judicial Outcomes: Streamlined processes ensure quicker trials & reduced undertrial population.

Implement the Model Prisons Act 2023 effectively to shift from punitive confinement to rehabilitative justice.
Holistic Approach: Combine legislative reforms with societal awareness campaigns to destigmatize prisoners.
Civil Society Participation: NGOs and experts can assist in monitoring and advocacy.
Model Prisons as Examples: Pilot projects in progressive states can set benchmarks for nationwide implementation.