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Model Prison Act 2023: Revamping the 130-year-old Colonial Law

Dec. 03, 2023   •   Priyanshi Lekhwar

Introduction

Our fundamental right to life includes the requirement that the individual have access to the most basic amenities. regulations are created to protect the welfare of the average citizenry in the nation, but there aren't many regulations designed specifically for prisoners, who ought to have access to appropriate necessities. Prison legislation receives little attention and is long forgotten. Prisons in India are occupied beyond their capacities, which causes overcrowding and negatively impacts inmates' living conditions. The Indian Supreme Court has long ago acknowledged the fundamental rights of prisoners and ruled that they should be treated like human beings with all fundamental rights, human dignity, and human sympathy.

Concept

The jail system we currently employ dates to the British era. Along with overhauling the jail system, the British government recommended the establishment of the prison discipline committee, which was ultimately chosen by the Indian Legislative Council in 1894. An inquiry committee was set up that proposed the Act, and the Prison Act was passed in 1894.

Prison Legislation in India

India has a few laws and rules pertaining to prisons that control how they operate and what rights inmates have. India's prison system was managed and administered under the Prisons Act of 1894, a law from the colonial era. Under the guidance of a Model Prison Manual, every state in India has its own set of guidelines for the management of the prisons. The Juvenile Justice Act of 2015 addresses the rights and rehabilitation of juveniles in conflict with the law. Certain offenders may be released on probation rather than receiving a penitentiary sentence under the Probation of Offenders Act of 1958. Every prisoner is guaranteed the right to legal assistance and representation by the Legal Services Authorities Act of 1987. Through the Human Rights Act, India also protects the inmates' human rights while they are confined. Above all, everyone, including those detained, is guaranteed fundamental rights by the Constitution.

The rights of prisoners in India

In India, the rights of prisoners are safeguarded by various laws and regulations including the constitution.

  • Under the Constitution

Article 14 provides equality before the law and equal protection of the law to every person within the Indian territory. Article 21 of the Constitution upholds the right to life and personal liberty. The prisoners serving in prison cannot be subjected to any cruel, inhumane, or degrading treatment. They have the right to dignity and humane treatment. The right to a speedy trial is also considered a fundamental right under Article 21. A person cannot be tried for the same offense more than once. The right against double jeopardy is also stated under Article 20.

The Constitution also provides the right to legal aid under Article 39A to ensure that no person is denied access to justice, especially if he is indigent. The prisoners also have the right to communicate with their family members, as well as the right to legal representation. Article 19 of the Constitution provides for freedom of speech and expression. This may be restricted if there is any reasonable cause. Other than this, they have the basic right to engage in any productive work while they are inside the prison. They have the right to proper medical treatment whenever necessary. They also have the right to pursue their education as well.

  • Under the Human Rights Act of 1993

Even though the constitution provides certain rights to the prisoners these rights exist on paper. There have been many instances of human rights violations inside prisons in India. The Human Rights Act of 1993 Prohibits torture and cruel, degrading treatment of prisoners inside the prison. The National Human Rights Commission, as well as the respective Human Rights Commissions of the concerned states, plays a major role in safeguarding the rights of the prisoners Through the appropriate channels, the prisoners can file petitions or complaints against their inhumane treatment or other issues.

  • Under the Criminal Procedure Code (Cr. PC)

Section 50 of the Cr. PC gives prisoners the right to know why they were arrested and the right to bail. Section 54 guarantees the right to examine the body of a detained person by a registered medical practitioner if he requests so in the case of torture. Section 76 states that the person who is arrested is to be brought before the Court without delay. Sections 303 and 304 give the prisoner the power to be defended by any lawyer of their choice, and in cases where the prisoner doesn’t have anyone to represent him in court, the court will provide a lawyer to them. Section 309(1) ensures the right to a speedy trial, and proceedings shall be held with speed and efficiency. Additionally, as per Section 55A, it is the responsibility of the person in charge of an accused to take appropriate care of the accused's health and safety.

  • Under the Prison Act of 1894

This is the first provision or act that provides protection for prisoners and works for their welfare. Section 4 of the Act provides for proper accommodation for prisoners. Section 7 provides them with the right to temporary shelter and safe custody. Section 15 provides the manner to report the death of a prisoner. Sections 24 and 26 ensure the examination of the prisoner by a qualified medical officer. Section 27 guarantees the separation of prisons for female and male prisoners in different buildings or different parts of the same building.

Section 31 allows for the maintenance of certain prisoners from private sources, like civil prisoners or under-trial criminal prisoners; they can maintain private sources that are approved by the inspector. Section 33(1) ensures that if a civil prisoner or under-trial prisoner does not have sufficient clothing and bedding, then it is necessary that the superintendent provide them with clothing and bedding. Section 34 talks about the employment of civil prisoners. Section 37 says that if a prisoner is sick mentally or physically, he should be reported to the jailer, and the jailer shall call the medical subordinate without any delay. As per Section 39, in every prison, there should be a hospital or proper place for sick prisoners. Section 40 ensures the prisoners of under-trial convicts are allowed to meet any person they want to communicate with within the prison for a proper period, with some restrictions.

  • Rights identified by the Mulla Committee

There are some rights of prisoners that were identified by the Mulla Committee, (also known as the Law All India Committee on Jail Reforms) which was established in 1980 to review the functioning of the prison system in India and to make recommendations for reforms. Justice A.N. Mulla headed the committee. The rights mentioned by the committee were the right to human dignity, the right to basic needs for living, the right to communicate with the outside world, the right to access the law, the right to meaningful employment and wages for their work, and the right to be released from prison on the due date.

Problems of the Prison System in India

With time, many rights are provided to the prisoners to give them treatment as human beings, but only certain restrictions are imposed on their rights. Despite this, there are many problems faced by the prisoners in jail. Some of the major problems facing prisoners in India are:

  • Over Crowding: In India, there are much fewer prisons than prisoners, which leads to the overcrowding of prisoners. Many of them are awaiting their trials, which also delays because of the smaller number of courts in India. Poor living conditions, inadequate facilities, and heightened tension among inmates are the results of many jails operating much beyond their capacity.
  • Corruption: Many times, due to the low salaries of the guards, they take bribes from the prisoners and provide some special treatment to them; sometimes other staff of prisons also indulge in corruption.
  • Unhealthy living conditions and poor budget for healthcare: Due to overcrowding among the prisoners, the living conditions of prisoners decreased. The living conditions should be sensible and provide basic human needs, the budget is also much less than what it should be for the health and care of the prisoners.
  • Insufficient legal aid: It is the right of the prisoner to get legal aid, like representation by a lawyer, if he or she cannot afford it, but because of the lack of lawyers in the legal aid panel, many needy people don’t get legal aid in the first place.
  • Abuse of prisoners: Physical abuse of the prisoners in the jail is one of the major problems often done by the guards. They unwarrantedly beat them and abuse them, making them vulnerable and extending to sexual abuse, mainly in the case of women prisoners.
  • Custodial tortures and deaths: Third-degree torture is another major problem. Many times, police officers brutally beat the prisoners within four walls of prisons. These torches sometimes increase, which leads to the death of the prisoner in custody.

Breaking the 130-year-old Colonial Law

The Prison Act of 1984 is almost 130 years old and a pre-independence era act. The main objective of this act was to keep criminals in prison with discipline and order. No provision was made for the revival of the prisoners, and to reform their mindset. No efforts are taken to transform them into good human beings who can mix into society after going back. As a result, the Ministry of Home Affairs, working with the Bureau of Police Research and Development, eventually drafted the Model Prisons and Correctional Services Act, of 2023, after consulting with a number of stakeholders, including state prison officials and specialists in correctional administration.

The Need for the New Prisons Act

Creating a thorough legal framework that covers numerous facets of prison administration, inmate rights, rehabilitation programs, staff training, and other crucial elements of a prison system is often the idea behind comprehensive prison legislation. To protect security, guarantee the humane treatment of convicts, and aid in their rehabilitation and reintegration into society, a new set of rules and regulations must be established which align with the needs of the current situation.

Our Prisons Act is a British-era law, that does not have sufficient provisions regarding reform and rehabilitation. We believe in a reformistic culture, considering the prison as a place where prisoners are sent for improvement and transformation so that they can come back as good people for society. Another need was to curb the increasing custodial torture and violence in prisons, safeguarding the lives of prisoners there. Indian jails have the presence of criminal networks working out of them.

The Emergence of the Model Prisons Act, 2023

With modern needs and requirements, the need to upgrade the old law was increasing for better prison management. The central government took the initiative and assigned the Ministry of Home Affairs to revise the Prison Act of 1984, along with the Prison Act of 1900 and the Transfer of Prison Act of 1950. Relevant prison provisions of these Acts are included in the Model Prison Act of 2023. The Act thereby repeals the old Acts. The new law aims to provide guidance and fill the existing gap in the prison management system. It also focuses on the skill development of prisons and provides them with vocational training to mix in with society after they are released from jail. Additionally, as a crucial component of institutional care, it offers "Welfare Programs for Prisoners" and "After-Care and Rehabilitation Services."

Features of the New Act

  • Separation of accommodation for women's and transgender prisoners and for prisoners with disabilities in prisons
  • Prisoners who are dangerous or bluster for themselves and others will separate from the other prisoners.
  • Legal aid will be provided to the prisoners who cannot afford the lawyers.
  • Use of technology in prisons for better administration and to help maintain transparency, like video conferencing with the court and monitoring of prisoners by electronic means
  • Establishment of different types of jails and management of them, like high-security jails, open jails, open and semi-open jails.
  • release of prisoners who have good behavior and conduct in prison as an award.
  • Maintain a humane environment in prisons and reduce the malpractices done against the prisoners.
  • Grievance redressal mechanism where prison can file complaints if any wrong treatment is there in prison.
  • Punishment provisions for prisoners and jail staff for use of prohibited items in jails.

Implementation: Way More to Go

In India, 'prison' administration is a 'state' subject. The Model Prisons Act is just a framework that will serve as a guiding document for the states for adoption in their own jurisdictions. Hence, the law is not binding on the states. It’s now for the states to decide on how to implement it by legislating appropriate prison legislation in their jurisdictions to improve prison management and prisoner administration.

Recently, the state of Tamil Nadu announced that it will soon replace its decades-old prison manual crafted from the British era with a new set of rules guided by the Model Act of 2023. So, proper implementation and administration of the law require way more effort from the side of the state authorities.

Conclusion

The Model Prisons Act of 2023 is an important step in reforming the Indian jail system. The introduction of the Act will align the Indian laws on par with international standards regarding the administration of prisons and the treatment of prisoners. The Act is anticipated to be successfully put into practice and contribute to the betterment of Indian prisoner life.

References:

Disclaimer: The author affirms that this article is an entirely original work, never before submitted for publication at any journal, blog, or other publication avenue. Any unintentional resemblance to previously published material is purely coincidental. This article is intended solely for academic and scholarly discussion. The author takes personal responsibility for any potential infringement of intellectual property rights belonging to any individuals, organizations, governments, or institutions.

About the Author: Priyanshi Lekhwar is a first-year BA.LL.B student at Vivekananda Institute of Professional Studies, Pitampura, New Delhi.

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