PRISON ADMINISTRATION AND RIGHTS OF PRISONER IN INDIA

MEANING OF PRISONS:

Prison is a place where under-trial and convicted captives are kept. According to section 3 of Prisons Act, 1894(Act IX of 1894) ‘Prison’ means any jail or place used permanently or temporarily under or special orders of a state government for the detention of prisoners and includes all lands and buildings appurtenant thereto, but does not include any place for the confinement of prisoners who are exclusively in the custody of the police. Prison and its administration is a state subject and it is covered by item 4 under List II in schedule VII of the constitution of India. And management and administration of Prisons is held exclusively by the state government as per the Prisons Act, 1894 and the Prisons Manuals of the respective states.

PRISON ADMINISTRATION IN INDIA:

Crime is considered as a wilful wrong against the society, which can be carved by punishing the wrongdoer. Due to the increasing rate of crimes in India, there is multiple convicts in India which ultimately leads to lack of adequate facilities in the prisons of India. The traditions, culture and poor economic conditions have severely hampered the administration and management of prisons. Prisoners are treated in a very inhuman method by the authorities and they are deprived of basic amnesties. In a landmark judgment, Neena Rajan Pillai v. Union of India[1],Wherein Mr. Rajan Janardhan Mohandas Pillai, who was one of the famous businessmen in Singapore, died under judicial custody at the Central Jail of Tihar, in this case, the Court was of a view that there is a clear case of violation of fundamental rights of the deceased at the part of the prison authority, and it lead to his death. The Court also stated that during such situations wherein urgent medical assistance is required for the prison inmates, necessary arrangements may be made without any delay or else it may lead to an infringement of the right to life under Article 21 of the Constitution.

Various committees were formulated by the Government in order to look after the matters inside prisons such as –

-All India Committee for jail reforms, Mulla committee, Krishna Iyer committee, etc.

Recommendation made by the Jail committee, which suggest for abolition of inhuman treatment with prisoners. The Mulla Committee - Under the chairmanship of justice A.N.Mulla, the government of India formed a committee on Jail Reform in 1980. The basic objective of the committee was to make a thorough review of the existing rules, regulations and laws dealing with the prison administration. The Mulla committee recommended for the formation of an All India Service called the Indian Prisons and Correctional Service for the recruitment of prison officials. The Committee took some effective decisions to the prisoners like after care, rehabilitation and probation. The Mulla committee submitted its report in 1983. The Krishna Iyer Committee, in 1987, the Government of India appointed the Justice Krishna Iyer Committee to undertake a study on the situation of women prisoners in India. It had recommended induction of more women in the police force with a view of their special role in tackling women and child offenders[2]

PRISONERS RIGHTS IN INDIA:

A prison is a place for accommodation for those who have committed or are alleged to have committed any crime and are either convicts or going through the under-trail process. Prison is considered as one of the three main constituents of the criminal justice system. Earlier the conditions of the prisoners were harsher than animals. There were various guidelines issued by the central government for the State governments for proper administration of prisons in India. Also, the Apex Court provided detailed recommendations for security and safety of prisoners. The inhuman conditions of prisoners in prisons results from overcrowding of prisons, lack of training, personnel, infrastructure, lack of proper medical care and other facilities. There is lack of healthy atmosphere inside the prisons. The Supreme Court in the past years has become more vigilant against the torture done on prisoners.

The Apex Court, had issued three broad principles for proper administration of prisons in India:

1. A person inside a prison does not become a non- person.
2. A person is entitled for the enjoyment of all kinds of human rights within the limitations of imprisonment.
3. There is no justification for aggravating the suffering already inherent in the process of incarceration.

CONSTITUTIONAL RIGHTS

Though the constitution of India does not provide any specific provisions but article 14,19,20,21 of the constitution of India impliedly deal with rights of prisoners. Article 14 enshrines right to equality which provides equality before law and equal protection of law to all the persons. Article 21 enshrines right to life and personal liberty. Here, right to life includes “right to shelter, right to bail, right to speedy trail, right to free legal aid etc.” Article 20 deals with two things – first it provides protection from double jeopardy and the second is that it prohibits self-incrimination. Article 22 enshrines the principle that a person must be produced before a magistrate within 24 hours of his arrest and must be provided with the counsel of his own choice.

In various landmark judgements, court held that any prisoner should not be deprived of basic human rights.

In case of Kharak Singh v. State of U.P.[3],the Court elucidated the word “life” under

article 21 and said “something more than mere animal existence. The inhibition against its

deprivation extends to all those limbs and faculties by which life is enjoyed. The provision

equally prohibits the mutilation of the body by the amputation of an arm or leg, or the putting out

of an eye, or the destruction of any other organ of the body through which the soul

communicates with the outer world”. Moreover, in case, Dharambir v. State of U.P.[4]

The court directed the State Government to allow family members to visit the prisoners and for the prisoners, at least once a year, to visit their families. This protection is provided under Article 21 and 22(1) of constitution of India.

STATUTORY PROVISIONS

The Prisons Act, 1894 was enacted for the proper functioning of prisons in India. In the said act, chapter 2 deals with the maintenance and officers of prison. It provides that there must be a superintendent, medical officer, jailor and other officers if there is a necessity. Section 4 of the act states deals with accommodation and sanitary conditions for prisoners. Section 7 of the act lays provisions for the shelter and safe custody of the excess number of prisoners who cannot be safely kept in any prison. Section 24(2) of the act provides for the examination of prisoners by qualified Medical Officer. Section 27 of the act says: Provisions relating to separation of prisoners, containing female and male prisoners, civil and criminal prisoners and convicted and under-trial prisoners. Section 31 and 35 of the acts lays down provisions relating to treatment of under-trials, civil prisoners, parole and temporary release of prisoners.

The existing statutes which have a bearing on regulation and management of prisons in the India are:

CONCLUSION:

Our criminal justice system is based on deterrent theory but it provides some sort of reformative policies too. When prisoners are undergoing punishment, they are also entitled to some basic Human Rights which are enshrined under our Constitution. Numbers of laws are passed by the government for improving the conditions and atmosphere in prisons. Rehabilitative mechanism is developed time to time which helps the prisoners to change their character and understand the impact of their acts on the society at large. Statutes are entitled for management and administration of prisons in India. There are various provisions enshrined under Constitution of India and also various statutory provisions given under Prisons Act, 1894 which bring out the rights of prisoners in India.

[Author's Profile: Nikita Jain pursuing B.B.A., LL.B., (Hons.) at school of law, University of petroleum and energy studies, Dehradun (3RD YEAR)]

[1] Neena Rajan Pillai v. Union of India WP (c) 1894/1998. Retrieved on:https://indiankanoon.org/doc/1524596/

[2] Jail administration in India: A review of Indian jail reform committee < file:///C:/Users/Nikita/Downloads/4-2-30-434%20(2).pdf> accessed 28 January 2020

[3] 1963 AIR 1295

[4] 1979 AIR 1595