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“A Critical Study of Prison Reforms in India”

Rishabh Bhargava
BA LLB,
Indore Institute of Law
ABSTRACT

This Research work is intended to study “ A Critical study of Prison Reforms in India” as one of
the growing need for an integrated criminal justice system and it has added fuel to the already
burning issue of Prison Reforms.

This Research work opens with a brief review of the History of Prisons in India and of the
integrative theory of Penology. A view of punishment that takes into account of retribution and
deterrence but emphasizes correction, reformation and rehabilitation. The Researcher defines the
concept of the Prison as a place where treatment takes precedence over custody is said to be the
foundation for Prison Reform. Because the main obstacle to Prison Reform in India is
Overcrowding. It is first recommended that prison populations be reduced by establishing Local
Custodial facilities for unconvicted offenders and by using community treatment alternatives to
minimize short term prison sentences .If these steps are taken, the prisons can devote their efforts
to organizing and planning for long term inmates.

Thus this further study looks at the prior independence as well as post independence of Prison
Reforms, present status of Prisons, Recent trends in Prison reforms and judicial trends related to
Prison Reforms in India.

The Researcher has mainly referred to the secondary sources available in the form of websites as
well as books for the purpose of preparing the research work.

KEYWORDS

Prison, Overcrowding, Correctional Reform, Rehabilitation, India

I INTRODUCTION

In the words of Nelson Mandela, “a nation should not be judged by how it treats its highest
citizens but its lowest ones.” Mahatma Gandhi also quoted for the Prison reforms as – Crime is
the outcome of a diseased mind and jail must have an environment of hospital for treatment and
care. Punishing the offenders is the primary function of all civil societies. Prisons are known to
have existed throughout the history. Prison is known by different names in different countries
like correctional facilities, detention centres, jails, remand centres, etc. Prisonization personifies
a system of punishment and a some sort of institutional place for convicts and undertrials during

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the period of trial. There is no society without crime and criminals, that’s why prison is
indispensable for every country. The objective of punishment can be achieved by imprisonment.

Prisons are not normal places. The prisoners are deprived of freedom and personal contacts with
family and friends and the real purpose of sending criminals to prison is to transform them into
honest and law abiding citizens but in actual practice, the prison authorities try to bring out
reformation of inmates by use of force and compulsive methods. Consequently, the change in the
inmates is temporary and lass only till they are in the prison as soon as they are released they
again get attracted towards criminality. It is the reason that the modern trend is to lay down
greater emphasis on the prisoners so that they can be rehabilitated to normal life in the
community. This objective can be achieved through some techniques of Prison reforms such as
Probation and Parole.

Today Prison is treated more as a correctional or improvement facility which itself indicates that
there is more emphasis on reformation of prisoners in the form of punishment. To achieve this
goal, a pleasant atmosphere is required to be created in jails for the benefit of inmates. Apart
from emphasis on social and ethical values for integration with society after release, inmates also
require educational, recreational and vocational training facilities. This will help to provide them
with alternate sources of livelihood after release.

In India, prison reforms did not emerge out of the social movement but were necessarily an
outcome of the worst conditions of treatment faced by the political sufferers in prisons during the
period of their imprisonment.

1.1 Meaning of Prison

According to Donald Taft Prisons are deliberately so planned as to provide unpleasant

compulsory isolation from society. A Prison characterises rigid discipline, provision of bare
necessities, strict security arrangements and monotonous routine life. Life inside the prison
necessarily pre- supposes certain restrictions on the liberty of inmates against their free will.

The original term of Prison is jail or penitentiary. Prison has been defined as a place properly
arranged and equipped for reception of persons who by legal processes are committed to it for
safe custody while awaiting trial or for punishment. A prison or jail is a facility in which
individuals are forcibly confined and denied a variety of freedoms under the authority of the state
as a form of punishment. Hence in its origin the prison was considered as a place of detention of
offenders until trial and judgment and the execution of the latter.

Section 3 of the Prisons Act, 1894 defines Prisons as a Prison means any jail or place used
permanently or temporarily under general or special orders of the state government for the

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detention of prisoners and include all lands and buildings but does not include any place for the
confinement of prisoners who are exclusively in the custody of the police.

II HISTORICAL BACKGROUND OF PRISONS IN INDIA

The evolution of prison system in India is very complex systems of the world to understand.

a) Ancient Indian prison system

b) Medieval India

c) Modern India

d) Prison system post independence

A well organized system of Prisons is known to have existed in India from the earliest time. It is
on record that Brihaspati laid great stress on imprisonment of convicts in closed prisons.
However Manu was against this system. It was a common practice to keep the prisoners in
solitary confinement so as to afford them an opportunity of self introspection. During early days
punishment for criminal behavior inclined to be public events which were designed to shame the
person and deter others.

The object of punishment during Hindu and Mughal period in India was to prevent offenders
from repeating crimes. The recognized modes of punishment were death sentence, hanging,
whipping or flogging. The prisoners were ill treated, tortured and subjected to most inhuman
treatment. They were kept under strict and supervision control. Thus prisons were places of
terror and torture as well as prison authorities were expected to be tough in giving the sentences.

During 18th century imprisonment, with hard labour, was beginning to been seen as a suitable
sanction for pretty offenders. The British Colonial rule marked the beginning of Penal Reforms
in India. The british prison authorities made arduous efforts to improve the condition of Indian
prisons and prisoners. They introduced radical changes in the existing prison system with
looking after the sentiments of the indigenous people. The prison administration who were
mostly British officials, classified the prisoners into 2 heads namely – Violent and non violent
prisoners. The Prison Enquiry committee appointed by the government of India in 1836
recommended for the abolition of the practice of prisoners working on roads. Adequate steps
were also taken to eradicate corruption among the prisons staff. Inspector General of Prisoners
was appointed for the first time in 1855 who was the Chief Administration of Prison in India. His
main function was to maintain discipline among the prisoners and the prison authorities.

Conditions of Prisoners were harsher than animals in India and prisoners were treated with
hatred. There was no uniform civil code to give punishment. The meaning of the punishment

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itself was to crush the prisoner. Jailors were also cruel persons. But in 1835, some thought of
reformation arose.

The second jail enquiry committee in 1862 expressed concern for the unhygienic conditions of
Indian prisoners which resulted into death of several prisoners due to illness and disease. It
emphasized the need for proper food and clothing for the prison inmates and medical treatment
of ailing prisoners.

Prisoners Act was enacted to bring uniformity in the working of the prisoners in India. The act
provided for classification of prisoners and the sentences of whipping was abolished. The first
half of the 19th century represented a watershed in the history of state punishment. Capital
punishment was now regarded as an inappropriate sanction for many crimes. The 19 th century
saw the birth of the state prison with introduction of many models.

III CLASSIFICATION OF PRISONERS

Prisoners can be categorized in three manners as under :-

3.1 Pre Trial Prisoners

3.2 Under trial prisoners

3.3 convicted prisoners

3.1 Pre trial prisoners

Pre trial prisoners are the accused, detained who are under the custody of the state for the
purpose of interrogation and investigation based on FIR or evidences found during the
investigation. They are in the custody of state for very limited period.

3.2 Under Trial Prisoners

Under trial prisoners are the prisoners who are in the Judicial custody i.e jail awaiting the trial in
their case. Their charge-sheet may or may not have been prepared by the police authority or
judiciary.

3.3 Convicted Prisoners

Convicted prisoners are the prisoners who are found to be guilty of some particular offence
which is committed by him after due process of law. They are punished by the competent court
as a penal action to be kept in prison.

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IV PRISON REFORMS IN INDIA

4.1 Historical Aspect

Prison Reforms – prior independence

The modern prison system in India was originated by TB Macaulay in 1835. A committee
namely Prison Discipline committee 1836 was appointed which submitted its report on 1838.
This committee recommended increased rigorousness of treatment while rejecting all
humanitarian needs and reforms for the prisoners. After the recommendation of Macaulay
committee between 1836-1838, Central Prisons were constructed from 1846. The contemporary
prison administration in India is thus a legacy of British rule.

In 1864, the 2nd commission of inquiry into jail management and discipline made similar
recommendations as the 1836 committee but in addition this commission made suggestions
regarding accommodation for prisoners, improvement in diet and medical care.

The Indian Jail Reforms committee 1919-20 was appointed to suggest measures for Prison
Reforms, which was headed by Sir Alexender Cardio. As a measure of prison reform, the jail
committee further recommended that the maximum intake capacity of each jail should be fixed,
depending its shape and size.

A Jail Reform committee, 1946 was constituted in the year 1946 for the formation of the jails.
This committee gave the suggestions as the child offenders should be treated differently, modern
jails should be constructed and the classification of offenders should be women offenders,
habitual offenders, handicapped offenders.

Prison reforms – After independence

After independence of India, the work on the reformation of jails speeded up. So in 1956 the
punishment of transportation was substituted by the imprisonment for life.

In 1949 Pakawasha committee gave the permission to take work from the prisoners in making
the roads and for that wages shall be paid. After that there was a recommendation on prison
reforms in 1951 by Dr. W.C. Reckless (Technical Expert). Later on the committee was appointed
to prepare an All India Jail Manual in 1957 on the basis of suggestions made by Dr. W.C.
Reckless.

The Govt. of India appointed the All India Jail Manual Committee in 1857 to prepare a model
prison manual. The committee submitted its report in 1960. The committee was asked to
examine the problems of prison administration and to make suggestions for improvements to be
adopted uniformly throughout the India.

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The All India Committee on Jail Reforms 1980 -83 was constituted by the government of India
under the chairmanship of Justice Anand Narain Mulla. The basic objective of the committee
was to review the laws, rules and regulations.

In the year 1986, A Juvenile Justice Act was enacted and observation homes, special homes and
juvenile homes were constituted where the neglected children and juvenile delinquent can be
admitted and the juvenile delinquent cannot be kept within the prison.

In 1987, the Government of India appointed the Justice Krishna Iyer Committee to undertake a
study on the situation of women prisoners in India.

4.2 Modification in Prison Administration

The condition of modern prison system is far more better than that in the past but still much
remains to be done in the direction of prison reforms for humane treatment of prisoners.

The following modification in prison administration can be suggested for improving the
efficiency of these institutions are :

4.2.1 The offenders should be confined to prison for only a minimum period which is absolutely
necessary for their custody. The elimination of long term sentences would reduce burden on
prison expenditure.

4.2.2 The women prisoners should be allowed to meet their sons and daughters more frequently
and should be more liberal in case of under trial prisoners. It will keep them mentally fit. Women
offenders should be handled only by women police or prison officials as well as the idea of
setting up of separate women jails exclusively for women prisoners.

4.2.3 The under trials, minors and first offenders should be kept separated from each other. The
young prisoners also should be separated from adults.

4.2.4 There is need for scientific classification of prisoners based on the nature of crime
committed, age , sex and character.

4.2.5 The Prisoners belonging to peasant class should be afforded an opportunity to go to their
fields during harvesting season on temporary ticket on leave so that they can look after their
agriculture.

4.2.6 Though the prisoners are allowed to meet their near relatives at fixed intervals yet there is a
further need to allow them certain privacy during such meetings. The rights of the prisoners to
communicate and meet friends, relatives and legal advisers should not be restricted beyond a
particular limit.

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4.2.7 The auspicious days and festivals should be celebrated through rejoicings and other
meaningful programmes so that the prisoners can at least momentarily forget that they are
leading a fettered life.

4.2.8 In recent decades the Supreme Court has shown deep concern for prisoners right to justice
and fair treatment and requires prison officials to initiate measures so that prisoners basic rights
are not violated and they are not subjected to harassment and inhuman condition of living.

4.2.9 Women prisoners should be provided training in tailoring, doll making, embroidary, etc.
The prisoners who are well educated should not be subjected to rigorous imprisonment instead
they should be engaged in some mental as well as manual productive work.

4.2.10 There is a dire need to bring about a change in the public attitude towards the prison
institutions and their management. This is possible through an intensive programmes using the
media of press. The media men should be allowed to enter into prison so that their
misunderstanding about prison administration may be cleared. It will certainly create a right
climate in society to accept the released prisoners with sympathy without any hatred for them.

4.2.11 The Supreme Court, in its landmark decision in Ramamurthy v. State of Karnataka
(1997) 2 SCC 642

This case identified nine major problems which needed immediate attention for implementing
prison reforms.

A ) Overcrowding

B ) Delay in trial

C ) Torture and ill treatment

D ) Neglect of health and hygiene

E ) Insufficient food and inadequate clothing

F ) Deficiency in communication

G ) Management of open prisons

4.3 Prison and Prison Laws in India

Prison is a state subject under List- II of VIIth schedule in the Indian Constitution. The
management and administration of prisons falls exclusively in the domain of the state
governments and is governed by the Prisoners Act, 1894. Therefore the states have the power to

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change the current prison laws, rules and regulations. The important statutes of the Prison
laws in India are as follows –

i) The Indian Penal Code, 1860

ii) The Prisons Act, 1894

iii) The Prisons Act, 1900

iv)The Identification of Prisoners Act, 1920

v) The constitution of India, 1950

vi)The Transfer of Prisoners Act, 1950

vii) The Representation of People Act, 1951

viii) The Prisoners (Attendance in courts) Act, 1955

ix) The Probation of Offenders Act, 1958

x) The Code of Criminal Procedure, 1973

xi) The Mental Health Act, 1987

xii) The Juvenile Justice (care & Protection) Act, 2000

xiii) The Repatriation of Prisoners Act, 2003

xiv) Model Prison Manual, 2016

4.4 Techniques of Prison Reforms

The desired goal of reformation or rehabilitation of criminals is achieved through various tools
and techniques in the institution of jail. Some such tools and techniques of prison reforms are as
follows :

4.4.1 Probation

The word Probation is a very significant tool of reformative penology; it is basically a period
during which the convict ordered to undergo sentence remains, instead of being in prison, under
supervision.

The release of the convict on probation serves as a reformative treatment plan prescribed by the
convicting court and in the course of this treatment, the conviction on probation lives within his

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community and modulates his own life under conditions imposed by the court and remains under
the supervision of a probation officer.

4.4.2 Parole

Parole is the release from a penal reformative institution of a criminal who remains under the
control of correctional authorities in an attempt to find out whether he is fit to live in the free
society without supervision. It is thus the last stage in the correctional scheme of which probation
may probably be the first. After the careful study as well as showing the potential for correction
he is allowed to join the society conditionally.

4.4.3. Furlough

Furlough is another reformatory tool that is often confused with parole. Undoubtedly, parole and
furlough are reformative tools of the penal system but both are different. Furlough must be
granted to the prisoner periodically irrespective of any particular reason. The object behind this
tool is merely to enable him to retain family and social ties and avoid negative effects of a
continuous prison life. The period of furlough is treated as remission of sentence.

4.4.4 Pardon

The term pardon as an act of mercy by which the prisoner is absolved from the penalty which
was imposed on him, the grant of pardon may be absolute or conditional. In India, there are
certain provisions which are contained in Article 72 and 161 of the Indian constitution provides
that the President of India and the Governors of the states respectively are empowered to grant
pardon, reprieve or commute the sentence of any convict.

4.4.5 Open Prisons

Open prisons also named as open air camps, open jails are another significant tool of criminal
reformation. Open prisons institutions are essentially a 21st century device for rehabilitating
prisoners to normal life in the society through an intensive after care programme. They provide
work to the inmates in forests, agricultural farms and construction sites instead of allowing them
to be idle inside the prison cells. These prisons play an important role in the scheme of
reformation of a prisoner which has to be one of the criteria of reformative management.

In India, the 1st open prison was started in the year 1905 in Bombay presidency, however this
open prison was closed in 1910. Thereafter in the year 1953, Uttar Pradesh established the first
open prison in India.

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4.4.6 Self governance by inmates

Under the system of self government in prisons, the inmates elect some of their fellow prisoners
as their representatives and the entire prison management is run by that elected body of
prisoners, who exercise complete or at least partial control over mess and are expected to take
care of the interests and welfare of their fellow prisoners.

4.4.7 Work Release

Work release is considered to be a very effective reformation tool in modern criminal justice. In
this method, the prisoner is allowed to work for pay in the society for part time basis. This gives
him an opportunity to mix up with the society in a normal manner without any limitations. This
helps the prisoners to adjust in the situation at the work place after the release.

4.4.8 Vipassana

Vipassana is a straightforward way to achieve peace of mind and to live a happy useful life. The
1st Vipassana course in a prison took place in Jaipur, India in 1975. However it was only after
almost 20 years that Vipassana established itself as a tool for social and prison reform in the
1990’s, it was with this purpose of dealing with the emotional and psychological problems of
prison inmates, it became an integral part of the prison which helped in building community as
well as developing their personality in a positive manner.

4.5 General Issues related to Prison Reforms

There are certain general issues which are related to Prison reforms are as follows:

4.5.1 Mulaqat System

The system of Mulaqat i.e family meetings of prisoners in jail needs to be taken seriously as it is
an extremely effective but unexploited tool of reformation although the prisoners are allowed to
meet their near relatives at fixed intervals, the mulaqat is for very short time and in very
uncomfortable atmosphere with no privacy during such meetings. The meetings under the
supervision of prison guards are really embarrassing for prisoner as well as the visitor for want of
privacy. The right of the prisoners to communicate and meet friends, relatives and legal advisers
should not be restricted beyond a particular limit.

4.5.2 Celebration of festivals and other ceremonies

It is opined by the reformers that the system of limiting the scope of festivals and other
ceremonial occasions merely to delicious dishes for prisoners needed to be changed by bringing
in celebrations through rejoicings and other meaningful programmes so that the prisoners could
at least momentarily forget that they are leading a fettered life.

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4.5.3. Communication by post or mail

The existing rules relating to the restrictions and scrutiny of postal mail of inmates should be
liberalized. This shall infuse trust and confidence among inmates for the prison officials, most of
the times the only excuse presented by the prison authorities in support of such restrictions is that
the same is done in the interest of security of the prison.

4.5.4 Education and skill training

The continuing education of prisoners is yet another tool that keeps them occupied and also
would help their rehabilitation after release from jail. There should be greater emphasis on
vocational training of inmates which will provide them honourable means to earn their livelihood
after release from jail. The objective is to enable them to gain the skills and qualifications that
could help them the employment on release.

4.5.5 Spiritual trainings

Some penologists have advocated the need for spiritual training of the prisoners, which is
certainly a positive step towards reformation. It is strongly believed that the practice of yoga and
meditation can enable the prisoners to control their mind and also bends the negative
temperament to positive one. This approach to prison reforms will surely bring about a positive
change in the attitude of prisoners and help in their rehabilitation.

V JUDICIAL TRENDS

The Indian Judicial system has played a significant role in the direction of prisoners and also to
ensure safety and security of the people in custody or inmates are as follows with the help of
deciding Case Laws :

5.1 Sunil Batra v. Delhi Administration AIR 1978 SC1675

The Apex court held that Prisoners are entitled to all fundamental rights which are consistent
with their incarceration.

Emphasizing the need for humane treatment of prisoners and protection of their basic human
rights, the Supreme court in Sunil Batra II (1983) 3 SCC 488, observed as follows :-
“Fundamental rights do not flee the persons as he enters the prison although they may suffer
shrinkage necessitated by incarceration.”

Outlining the substantive and procedural rights to which the prisoners are entitled, the Apex
court said : “ Infliction may take many protean forms apart from physical assaults. Pushing the
prisoner into a solitary cell, denial of necessary amenity and more dreadful sometimes, transfer
to a distant prison where visits or society of friends or relations may be snapped, allotment of

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degrading labour, assigning him to a desperate or tough gang and the like, may be punitive in
effect. Every such affiliation or abridgment is an infraction of liberty or life in its wider sense
and cannot be sustained.”

5.2 D. K. Basu v. State of West Bengal 50 AIR 1997 SC 610

It was held that, the information of arrest is required to be given to the friend or relative of
accused immediately, while he is arrested. The purpose is very clear that, by this communication
the relative or friends of accused can start the efforts to know the facts of accused, to obtain the
legal advice and take the defense against an application for remand and do the necessary
preparation for bail.

5.3 Rudal Shah v. State of Bihar 1983 AIR 1086

It was held that, if the trial against a prisoner concludes into acquittal the prisoner is entitled as a
matter of right to be released forthwith. After an order of acquittal, he cannot be detained behind
the prison walls.

5.4 Sanjay Suri v. Delhi Administration (1988) Cr LJ 705 (SC)

The Apex Court held that the prison authorities should change their attitude towards prison
inmates and protect their human rights for the sake of humanity.

5.5 Sheela Barse v. State of Maharashtra AIR 1983 SC 378

The Supreme Court on a complaint of custodial violence to women prisoners in jails, directed
that those helpless victims of prison injustice should be provided legal assistance at the state cost
and protected against torture and maltreatment.

The court also held that interviews of the prisoners become necessary as otherwise the correct
information may not be collected but such access has got to be controlled and regulated.

5.6 Dharambir v. State of U.P (2010) 5 SCC 344

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 under guarded conditions.

5.7 Re Inhuman Conditions in 1382 Prisoners case

The Counsel for the Petitioner filed before the Supreme court of India under Article 32 of the
Indian Constitution to address the status of Prison reforms in India and to issue directions, if
necessary for prison reforms. The Prisoners are no less human than others and therefore must be
treated with dignity. The Supreme court of India recently on March 14, 2016 delivered a
landmark judgment which regard to the legal and constitutional rights of prisoners in India

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especially the under trial prisoners. In compliance of the court’s directions the Model Prison
Manual 2016 provides for establishment of under trial review committee consisting of Secretary,
district service legal authority along with the district judge, as chairperson, the district magistrate
and the district superintendent of police.

VI SUGGESTIONS

6.1 Media’s Role :There should be regular visits by the media and press to study the condition
of the inmates and these reports should be published and the plight of prisoners should be
highlighted by media.

6.2 Institutional Publication :There should be some institutional publication in every

correctional system in which inmates should be allowed to expressed themselves freely.

6.3 Regular transfer of jail officials : There should be a regular transfer of the authorities of a
Jail, so that these officials do not get involved in corrupt and torturing activities.

6.4 Strict implementation of bail provisions : The provision of no bail in jail should be
implemented in letter.

6.5 Fine cases : In the case of default in paying fine there should be a provision that the person
who is not able to pay fine should be allowed to pay it in installments.

6.6 Effective legal service : Should be provided to the prisoners as a effective legal service in
every jails to guide the prisoners in the legal matters.

6.7 Pregnant women inmates : There should be special care for the pregnant woman inmates in
the correctional systems. Lady doctor should be appointed by the government as permanent staff
in the prisons.

6.8 Judicial surveillance : Every District Judge should be given the responsibility of visiting the
prison in his area of jurisdiction. This would put check on the various activities which usually go
on in prisons and it will also help in curbing the menace of corruption in the prisons.

VII CONCLUSION

At last by a concluding point that the Prison system has granted a mission to reform the convicts
and take them back to the society. An ideal prison must provide adequate work, vocational
training and basic educational facilities as well as medical and recreational facilities.

In India, prison reforms did not emerge out of the social movement but were necessarily an
outcome of the worst conditions of treatment faced by the political sufferers in prisons during the
period of their imprisonment.

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The India Judiciary has played a vital role for the improvement of the Prison system in the past
and hopefully the decisions given by the Apex court in the present case would further help in
reducing some of the existing problems in the current prison system. Thus it can be ended that it
is just the beginning of a long journey as well as a small step towards better prison system
management and administration.

Therefore this study gives to understand the Prison Reforms by looking into the Prison reform as
it is not just about prison buildings but what goes on inside them that needs to be changed and
the focus must be on the human rights of prisoners besides improving their amenities.

______________________________________________________________________________

REFERENCES:

1. Prof. N.V. Paranjape: Criminology & Penology with Victimology, Central Law Publications,
Allahabad, Fifteenth Edition Reprinted 2012

2. www.indiankanoon.org , Special Research on Cases

3.www.grkarelawlibrary.yolasite.com, Special Research on Historical Aspect of Prison Reforms

in India as well as Prison Laws in India

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