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PRISON REFORMS IN INDIA AND ITS CONTEMPORARY RELEVANCE TODAY

Introduction

All civil societies' principal role is to punish violators. Throughout history, prisons have been
well documented. Correctional facilities, detention centers, jails, remand centers, and other
terms are used in different nations to describe prisons. During a trial, the term "prisonization"
refers to a system of punishment as well as a type of institutional setting for convicts and
undertrials. There is no society without crime and criminals, which is why every country has a
jail system. The goal of punishment can be accomplished by imprisonment. The objective goal
of sending criminals to prison is to rehabilitate them into honest and law-abiding citizens, but
in actuality, prison authorities strive to transform inmates by intimidation and coercion. As a
result, the transformation in the inmates is only transient and only lasts while they are in prison;
once they are released, they are once again drawn to criminality. It is for this reason that the
present trend is to place a larger emphasis on inmates to help them reintegrate into society.
Nowadays, Prison is increasingly commonly referred to as a correctional or rehabilitation
center, implying that there is a greater emphasis on prisoner reform than punishment. To attain
this goal, a pleasant environment in jails must be developed for the benefit of convicts. Inmates
require educational, recreational, and vocational training facilities in addition to a focus on
social and ethical values for successful reintegration into society after release. This will help
them find alternative means of income after they are released. The crux of the issue is that
simply limiting them and subjecting them to harsh treatment would not stop they from
committing crimes. Instead, they need to undergo a complete psychological transformation to
modify their criminal thinking. In India, prison reforms did not arise from a social movement,
but rather as a result of the worst conditions of treatment encountered by political prisoners in
prison during their incarceration. Since its independence, India has been attempting to improve
its prisons. Various committees have been formed to emphasize the importance of humanizing
prison circumstances. In order for India's commitment to human rights protection to be
fulfilled, improvements in prisons are essential. Let us now discuss the prison reforms that have
taken place in India and how they are relevant still today .

Why is it important to support Prison Reform?

A person's right to liberty is taken away when they are sentenced to life in jail. In many
situations, Prison has an impact on both the prisoner and his impoverished family. When a
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family member who generates revenue is imprisoned, the entire family must suffer and adjust
to the loss of revenue. Moreover, the family suffers even further financially since they have to
hire a lawyer, arrange for the prisoner's food, transit to the prison to visit him, and other
expenses. Prisons have major health consequences. Some inmates are afflicted with various
diseases before to entering the jail, or they become afflicted after entering the prison. As a
result, there is no conducive environment in the prison. Also, because social cohesiveness is
dependent on long-term ties, imprisonment interrupts ties and diminishes social cohesion.
Considering the foregoing factors, it is important to remember that while calculating the cost
of imprisonment, one must consider not just the real amounts spent on each prisoner's upkeep,
which is typically much more than the amount spent on a person sentenced to non-custodial
punishment, as well as indirect expenses such as social, economic, and healthcare-related
expenditures, which are difficult to quantify but enormous and long-term in nature. Another
reason why Prison Reforms are essential is for the better treatment of pre-trial detainees. The
size of pre-trial detainees is larger than that of convicted detainees. Pre-trial imprisonment is
the most vulnerable time for criminal justice system abuse. Although pre-trial inmates should
be presumed innocent until proven guilty in a court of law and treated as such, pre-trial
incarceration conditions are frequently far worse than those in prisons for convicted criminals.

History of Prison Reforms in India

The prisons that are today were not the same yesterday . The prisons were developed
completely during the British period.Prisons were utilized in secure parts of forts during the
ancient-medieval period, but there was no prison system and no descriptions for the internal
management of prisons. With the arrival of the British in India, imprisonment became the most
popular method of punitive punishment. The concept of modern prison in India originated with
the Minute by TB Macaulay in 1835. A Prison Discipline Committee was appointed which
submitted its report on 1838. The committee recommended increased rigorousness of treatment
while rejecting all humanitarian needs and reform of prisoners. Following the
recommendations of the Committee, Central Prisons were constructed from 1846. The
contemporary Prison administration in India is thus a legacy of British rule. It is based on the
notion that the best criminal code can be of little use to a community unless there is good
machinery for the infliction of punishment. In 1864, the Second Commission of Inquiry into
Jail Management and Discipline made similar recommendations as the 1838 Committee. In
addition, this Commission made some specific suggestions regarding accommodation for
prisoners, improvement in diet, clothing, bedding and medical care. In 1888, the Fourth Jail
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Commission was appointed. On the basis of its recommendations, a consolidated prison bill
was formulated. Provisions regarding jail offences and punishment were specially examined
by a committee of f experts on Jail Management. In 1894, the draft bill became law with the
assent of the Viceroy. It is this Act which forms the basis for the present day jail management
and administration in India. This Act has hardly undergone any substantial changes since its
inception. However, the process of review of prison problems in India continued. In the report
of the Indian Jail Committee 1919-201, for the first time in the history of prisons, 'reformation
and rehabilitation' of offenders were identified as the objectives of prison. However, due to
administrative issues, the recommendations were not fully executed. The Committee's report
resulted in the passage of Borstal School Acts, Children Acts and Probation of Offenders Acts,
and Good Conduct Prisoners Probational Release Acts in a number of states.

The Government of India Act 1935 resulted in the transfer of the subject of jails from the
Central List to the control of Provincial Governments and henceforth reduced the possibility
of uniform implementation of a prison policy at the national level. Thus, State Governments
have their own rules and regulations for the day to day administration of prisons, maintenance
of prisoners, and prescribing procedures

THE PAKWASA COMMITTEE

After independence, various Committees were appointed to improve the condition of prisons
in India. The Pakwasa Committee in 1949 suggested the system of utilizing prisoners as labour
for road work without any intensive supervision over them. It was from this time onwards that
a system of wages for prisoners for their labour was introduced. Subsequently, certain liberal
provisions were also introduced in jails manuals by which well-behaved inmates were
rewarded with remission in their sentence. In 1951, the Government of India invited the United
Nations expert on correctional work, Dr. W.C. Reckless, to undertake a study on prison
administration and to suggest policy reforms. His report titled 'Jail Administration in India'
made a plea for transforming jails into reformation centers. He also recommended the revision
of outdated jail manuals. In 1952, the Eighth Conference of the Inspectors General of Prisons
also supported the recommendations of Dr. Reckless regarding prison reform. Accordingly, the
Government of India appointed the All India Jail Manual Committee in 1957 to prepare a model
prison manual. The committee submitted its report

1
The Indian Jail Committee Report ,1919
4

MODEL PRISON MANUAL The Model Prison Manual 1960 is the guiding principle for
prison management in India. On the lines of the Model Prison Manual 1960, the Union Ministry
of Home Affairs, in 1972, appointed a working group on prisons. It brought out in its report
the need for a national policy on prisons. It also made an important recommendation with
regard to the classification and treatment of offenders and laid down certain principles

The Indian Government of India sought technical assistance from the United Nations in the
post independence period to recommend advanced programs for scientific care and treatment
of offenders. The establishment of the Central Bureau of Correctional Services in Delhi and
the modification of jail manuals were two of the recommendations. In Bombay in 1952, the All
India Conference of Inspectors General of Prisons suggested the formation of a committee to
prepare a model prison manual. The Central Bureau of Correctional Services (later renamed
the National Institute of Social Defense) was established in 1961 with the mission of
coordinating and developing uniform policy, standardizing data collection, and exchanging
information with foreign governments and United Nations agencies to promote research and
training. The concept of rehabilitation has substituted punitive and retributive approaches to
corrections. In most states, open prisons have been built.

MULLA COMMITTEE

A Committee on Prison Reform was established by the Government of India in 1980, which
was chaired by Justice AN. Mulla. The Committee's main goal was to analyze laws, rules, and
regulations with the overarching goal of safeguarding society and rehabilitating offenders in
mind. In 1983, the Mulla Committee issued its report Some of the prominent recommendations
of the Mulla committee are:

• Improving prison condition by making available proper food, clothing, sanitation,

• The prison staff to be properly trained and organized into different cadres. Setting up an All
India Service called the Indian Prisons & Correctional Service.

• After-care, rehabilitation and probation to be an integral part of prison service • The press
and public to be allowed inside prisons and allied correctional institutions periodically, so that
the public may have first-hand information about the conditions of prisons and be willing to
co-operate in rehabilitation work.
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• Undertrials in jails to be reduced to bare minimum and they be kept away from convicts.
Undertrials constitute a sizable portion of prison population. Their number to be reduced by
speedy trial and liberalization of bail provisions.

• The Government may make an effort to provide adequate financial resources.2

A few years later, the Krishna Iyer committee was constituted by the Indian government in
1987 to conduct a study on the issue of women prisoners in India. It has advised that more
women be recruited into the police force because of their unique role in policing women and
children. In 1988, the committee submitted its report to the Indian government. Justice V.R.
Krishna Iyer was strongly critical of the functioning of prisons in the country, and correctly
observed that, “Today, jails are still torture laboratories, warehouses where human
commodities are kept sadistically, and where detainees vary from driftwood juveniles to brave
dissident."

Subsequent Developments

Following the Supreme Court's ruling in Ramamurthy vs. State of Karnataka3 in 1997, a
committee was formed within the Bureau of Police Research and Development to create a
single national consolidated framework on prison legislation and to write a draught model
prison handbook. This case identified nine major issues that needed to be addressed right away
in order to implement prison reforms:

• Overcrowding

• Delay in trial

• Torture and ill-treatment

• Neglect of health and hygiene

• Insufficient food and inadequate clothing

• Deficiency in communication

• Management of open prisons

The Government of India released a Draft Model Prisons Management Law in 1999 to replace
the Prison Act of 1894, which controls modified prisons, is a century old and focuses on

2
Mulla Committee Report 1983
3
SCC Cri 386
6

keeping inmates alive (headcount) rather than reform and rehabilitation. However, the bill is
yet to be finalized. The Supreme Court of India, the All-India Committee on Jail Reforms, and
the Committee on Women's Empowerment have all emphasized the need for a comprehensive
overhaul of the prison rules, but the reform and implementation process looks to have a grim
outlook.

RECENT MEASURES BY THE CENTRAL GOVERNMENT: The Union Home Ministry,

issued an advisory on prison reforms adopted at the 5th National Conference of heads of prisons
of States and Union Territories, 2016.

Prison Laws in India

The Indian Constitution lists prison as a state topic in List-II of the VIIth Schedule. The
Prisoners Act of 1894 governs the management and administration of prisons, which is solely
the responsibility of state governments. As a result, states have the authority to alter present
prison laws, rules, and regulations. The following are some of India's most significant prison
statutes:

• The Indian Penal Code, 1860

• The Prisons Act, 1894

• The Prisoners Act, 1900

• The Identification of Prisoners Act, 1920

• The Constitution of India, 1950

• The Transfer of Prisoners Act, 1950

• The Representation of People Act, 1951

• The Prisoners (Attendance in courts) Act, 1955

• The Probation of Offenders Act, 1958

• The Code of Criminal Procedure, 1973

• The Mental Health Act, 1987

• The Juvenile Justice (Care & Protection) Act, 2015

• The Repatriation of Prisoners Act, 2003

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• Model Prison Manual, 2016

Techniques of Prison Reforms

Probation

Probation is a very important instrument in reformatory penology; it is essentially a

period during which a person sentenced to serve a term is kept under supervision rather
than being imprisoned. The convict on probation's release serves as a reformative
treatment plan prescribed by the convicting court, and during this treatment, the convict
on probation lives in his community and modulates his own life under court-imposed
conditions while remaining under the supervision of a probation officer. Unlike other
techniques, Probation power is entrusted in the judiciary so that it does not fall under
the control of extrajudicial authorities, which might cause major issues because these
agencies will be guided by their own values. Sec 360 CrPC mandates that criminal be
placed on probation, which must be decided by the courts, but it makes no provision
for probation officers to help the courts with supervision or other things

Parole

Parole is the release of a criminal from a prison reformatory institution while still
under the observation of correctional authorities in order to determine whether he is fit
to live in a free society without supervision. It is thus the final stage of the correctional
process, with probation likely being the first. He is allowed to join society on a
conditional basis after a thorough investigation and demonstration of the capacity for
rectification. The rules regulating the grant of parole are governed by the Prison Act,
1894 and Prisoners Act, 1900. The Power to Suspend or Remit Sentences is covered
by Section 432 of the Criminal Procedure Code. However, In Sunil Fulchand Shah v.
Union of India, the Supreme Court said explicitly that "parole does not amount to
suspension of sentence." As a result, it is evident that Section 432 of the Criminal
Procedure Code does not apply to parole.

Pardon

The phrase pardon refers to an act of mercy in which a prisoner is released from the sentence
that has been inflicted on him; the pardon might be unconditional or conditional. Articles 72
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and 161 of the Indian constitution allow the President of India and the Governors of the states,
respectively, the ability to give pardon, reprieve, or commute the sentence of any offender.

Open Prisons

Open prisons, often known as open air camps or open jails, are another important element in
the criminal justice system. Open prisons are essentially a twenty-first-century mechanism for
rehabilitating inmates back into society through an intensive aftercare programme. Instead than
allowing inmates to be idle inside the prison cells, they provide them work in forests,
agricultural farms, and construction sites. These jails play a vital role in a prisoner's reformation
plan, which must be one of the reformative management requirements. The first open prison in
India was established in the year 1905 in the Bombay presidency, but it was closed in 1910.
Following that, Uttar Pradesh constructed India's first open prison in 1953.

Judicial Trends

The Indian judicial system has played an important role in directing convicts as well as
ensuring the safety and security of those in custody or in prison. Following are such instances:

• Sunil Batra vs Delhi Administration (1978) 4In this landmark judgement, the Supreme
Court stated that a prisoner's treatment must be proportionate to his sentence and meet the
requirements of Articles 14, 19, and 21 of the Constitution. It broadened the scope of the writ
of habeas corpus by acknowledging a prisoner's right to use it to challenge jail abuses
perpetrated on him or a co-prisoner. In addition, the court issued a number of directives aimed
at improving prison administration.

• Sheela Barse v. State of Maharashtra (1983)5 On a complaint of custodial abuse against

women in prisons, the Supreme Court ordered that those helpless victims of prison injustice be
granted legal counsel and be protected from torture and abuse. The court also directed that
prisoner interviews are required since otherwise accurate information may not be acquired, but
that such access must be limited and regulated.

• Sukdas v. Union Territory of Arunachal Pradesh (1986)6 The Supreme Court, in this case,
ruled that a person accused of a crime that may jeopardize his life or personal liberty has a
basic right to free legal representation at the expense of the state.

4
SCR [1 ]392
5
SCR [2] 337
6
SCR [1]390
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• R.D. Upadhyay v. State of Andhra Pradesh (2006)7 Before sending a pregnant woman to
jail, the concerned authorities must guarantee that the jail in issue has the bare minimum of
facilities for child delivery as well as pre-natal and post-natal care for both the mother and the
child, according to the Supreme Court. Arrangements for temporary release/parole (or
suspended sentence in the case of minor and casual offenders) should be arranged as far as
feasible to allow an expectant prisoner to have her delivery outside the jail, assuming the
woman prisoner has a suitable option.

ISSUES FACED BY PRISONS INSPITE OF REFORMS

Rampant overcrowding

As demonstrated by the Prison Statistics India 2015 report by the National Crime Records
Bureau (NCRB), India's tremendous work spaces are stacked down with an inheritance level
of 14% more than the cut-off. Over 66% of the detainees are undertrials. Chhattisgarh and
Delhi are among the central three in the catalyst method with an inheritance level of more than
twofold the cut-off. The medicinal work spaces are full by 77.9% in Meghalaya, by 68.8% in
Uttar Pradesh and by 39.8% in Madhya Pradesh. In remarkable numbers, UP had the huge
number of undertrials (62,669), followed by Bihar (23,424) and Maharashtra (21,667). In
Bihar, 82% of prisoners were undertrials, the most focal among states. 67% people in Indian
clear work spaces are undertrials – those kept in containment working conditions during starter,
examination or proposing yet not scolded for any shocking lead in a court. The piece of the
prison people expecting valid or censuring in India is astoundingly high by in like course
controls; for instance, it is 11% in the UK, 20% in the US and 29% in France. More than 25%
of undertrial prisoners in 16 out of a day and a half and affiliation area have been set something
to the side for more than one year in 2014; Jammu and Kashmir best this structure with 54%,
followed by Goa (half) and Gujarat (42%). UP drives like sheer numbers (18,214).

With over a befuddling 3.1 crore cases drawing nearer in various courts of the country as on
March 31, 2016, limits the country over will stay stacked down with no convincing colossal
intervention. In every strong sense, 43% of the undertrial individuals paying intriguing brain
to continually 1.22 lakh undertrials keeps it together something to the side for over a half year
to more than five years by the end of 2014. As displayed by NCRB records, out of these 2.82
lakh undertrial prisoners, over 55% are Muslims, Dalits and tribal. Thinking about everything,

7
3 SCC 422
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these three affiliations structure an overall party of 39% with a piece of 14.2%, 16.6% and
8.6% ofAs displayed by NCRB records, out of these 2.82 lakh undertrial prisoners, over 55%
are Muslims, Dalits and tribal. Thinking about everything, these three affiliations structure an
overall party of 39% with a piece of 14.2%, 16.6% and 8.6% of people self-governing as
demonstrated by 2011 assessment. Notwithstanding, the degree of prisoners, both reproved and
undertrials, from these affiliations is more sure than their suspected in the country's careful
region. Considering everything, they seem to get charged speedier than the rest as they address
50.4% of all convicts. Among Muslims, the nearby a giant store of convicts is 15.8%, really
over their depiction in people, at any rate their split between undertrials (20.9%) is far higher.
Among all convicts, caused positions and booked social affairs to have an in regular party of
20.9% and 13.7% irrefutably, which is really higher. As an issue of key rights guaranteed by
the Indian constitution, undertrials are standard confusing till showed broken. At last, they are
ceaselessly acquainted with mental and checked torture during control and familiar with
subhuman standard conditions and prison peril. Many lose their family area and neighborhood
and, as a last resort, their occupations. In like manner, prison time affixes social disgrace to
them as individuals and as neighborhood. Prison Statistics 2014 shows
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Severe staff crunch

While 33% of the full-scale need of prison specialists truly lies unfilled, in each significant
sense, 36% of opening for sorting everything out experts is as of now unfulfilled. Delhi's Tihar

8
Prisons in India report , MHA 2007
12

jail positions third to the degree a genuine staff crunch. The work picked inside this prison is
pondering everything, half short of its ordinary head. As the nation's capital, Delhi has the most
stuffed obliging work spaces and continues from mind blowing inadequacy of jail watchmen
and senior strong staff. States like Uttar Pradesh, Bihar and Jharkhand have the most
inadequately checked obliging work spaces, seeing more than 65% staff openings among jail
screens, jail watches and definitive levels. Without amazing jail staff, blockage of containment
working conditions prompts uncontrolled mercilessness and clear infringement inside the
obliging work spaces. In changed scenes, 32 detainees moved away in Punjab in 2015, while
in Rajasthan, the level of such cases has move to 18. Maharashtra saw the break of 18 detainees.
In 2015, on a norm, four detainees kicked the can each day. A level of 1,584 detainees passed
on in obliging work spaces, 1,469 of which were regular passing’s and the extra 115 were
credited to unnatural causes. 66% of each unnatural passing (77) were controlled to be suicides,
while single prisoners butchered 11, nine of which were in enormous workplaces in Delhi.
Around 12,727 individuals are made to have passed on in key workplaces some spot in the
level of 2001 and 2010.

Corruption and extortion

Extortion by prison staff, and its less aggressive corollary, guard corruption, is common in
prisons around the world. Given the substantial power that guards exercised over inmates, these
problems are predictable, but the low salaries that guards are generally paid severely aggravate
them. In exchange for contraband or special treatment, inmates supplement guards' salaries
with bribes. Powerful inmates in some facilities in Colombia, India, and Mexico enjoyed
cellular phones, rich diets, and comfortable lodgings, while their less fortunate brethren lived
in squalor. An unpublished PhD dissertation from Punjab University on „The Functioning of
Punjab Prisons: An appraisal in the context of correctional objectives‟ cites several instances
of corruption in prison. Another article suggested that food services are the most common
sources of corruption in the Punjab jails. Ninety five percent of prisoners felt dissatisfied and
disgusted with the food served (quoted in Roy 1989) Unsatisfactory living conditions
Overcrowding itself leads to unsatisfactory living conditions. Although several jail reforms
outlined earlier have focused on issues like diet, clothing and cleanliness, unsatisfactory living
conditions continue in many prisons around the country. A special commission of inquiry,
appointed after the 1995 death of a prominent businessman in India‟s high-security Tihar
Central Jail, reported in 1997 that 10 000 inmates held in that institution endured serious health
hazards, including overcrowding, “appalling” sanitary facilities and a shortage of medical staff
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(Human Rights Watch 2006)9 „No one wants to go to prison however good the prison might
be. To be deprived of liberty and family life and friends and home surroundings is a terrible
thing.‟ To improve prison conditions does not mean that prison life should be made soft; it
means that it should be made human and sensible. Staff shortage and poor training Prisons in
India have a sanctioned strength of 49030 of prison staff at various ranks, of which, the present
staff strength is around 40000. The ratio between the prison staff and the prison population is
approximately 1:7.

Abuse of prisoners

Physical abuse of prisoners by guards is another chronic problem. Some countries continue to
permit corporal punishment and the routine use of leg irons, fetters, shackles, and chains. In
many prison systems, unwarranted beatings are an integral part of prison lifeWomen prisoners
are particularly vulnerable to custodial sexual abuse. The problem was widespread in the
United States, where male guards outnumbered women guards in many women's prisons. In
some countries, Haiti being a conspicuous example, female prisoners were even held together
with male inmates, a situation that exposed them to rampant sexual abuse and violence. A book
reviewing prison services in Punjab, reported that, „to get food supplements, or blankets in
winter, class c-prisoners must fan the convict officers, or massage their legs, or even perform
sexual favours for them. The enslavement of other prisoners to the convict officers who
effectively run the prisons is particularly severe for new comers (known as amdani). They are
teased, harassed, abused and even tortured as part of the process of breaking them in (Human
Rights Watch 2001).

Poor spending on health care and welfare

In India, an average of US$ 333 (INR 10 474) per inmate per year was spent by prison
authorities during the year 2005, distributed under the heads of food, clothing, medical
expenses, vocational/educational, welfare activities and others.(National Crime Records
Bureau 2005). This is in contrast to the US, where the average annual operating cost per state
inmate in 2001 was $ 22,650 (the latter presumably also includes salaries of prison staff). The
maximum expenditure in Indian prisons is on food. West Bengal, Punjab, Madhya Pradesh,
Uttar Pradesh, Bihar and Delhi reported relatively higher spending on medical expenses during
that year, while Bihar, Karnataka and West Bengal reported relatively higher spending on

9
Human Rights Watch Report ,2006
14

vocational and educational activities. Tamil Nadu, Orissa and Chattisgarh reported relatively
higher spending on welfare activities.10

Lack of legal aid

In India, legal aid to those who cannot afford to retain counsel is only available at the time of
trial and not when the detainee is brought to the remand court. Since the majority of prisoners,
those in lock up as well as those in prisons have not been tried, absence of legal aid until the
point of trial reduces greatly the value of the country‟s system of legal representation to the
poor. Lawyers are not available at the point when many of them mostly need such assistance.
A workshop conducted by the Commonwealth Human Rights Watch in 1998 in Bhopal,
focused on several aspects related to legal aid. It was pointed out that 70% of the prison
population is illiterate and lacks an understanding of prisoner‟s rights. Thus the poor in prison
do not always get the provisions in law though the State is obliged to provide legalaid. As also
observed by the Mulla Committee, most prison inmates belong to the economically backwards

10
NCRB Prison India Report 2005
15

classes and this could be attributed to their inability to arrange for the bail bond. Legal aid
workers are needed to help such persons in getting them released either on bail or on personal
recognisance. Bail provisions must be interpreted liberally in case of women prisoners with
children, as children suffer the worst kind of neglect when the mother is in prison. The lack of
good and efficient lawyers in legal aid panels at that time was also a concern raised. Several
suggestions were made to speed up trial processes so that the population of undertrials could
be reduced. Some of the suggestions provided were expeditious holding of trials, making it
possible for undertrials to plead guilty at any stage of the trial, system of plea bargaining. In a
seminar, efforts made at the Tihar Jail by the University of Delhi faculty and students of law
in the field of legal aid were highlighted. These included imparting legal literacy to the
prisoners, sensitizing the prison administration, taking up individual prisoners to provide legal
aid, involving para-legal staff to work with prisoners, both convicts and undertrials.

Health Problems in prisons

The overcrowding, poor sanitary facilities, lack of physical and mental activities, lack of
decent health care, all increase the likelihood of health problems in prisons. Kazi et al (2009)
mention that prisons are „excellent venues for infectious disease screening and intervention,
given the conditions of poverty and drug addiction‟. It is surprising and indeed shocking that
despite the large prison population in India, there is a complete dearth of published information
regarding the prevalence of health problems in prisons. An exception is a small study in the
Central Jail at Hindalga in the Belgaum district of Karnataka, 850 prisoners were evaluated
(letter in the Indian J Community Medicine, Bellad et al 2007). Follow-up of these prisoners
for a period of 1 year revealed that anaemia (54.82%) was the commonest morbidity among
chronic morbidity followed by respiratory tract infections (21.75%) and diarrhoea (13%)for
acute morbidity. Pulmonary TB and HIV contributed 2% and 1.5% respectively. Other
morbidity included, diabetes (3.6%), senile cataract (7%), pyoderma (12%) etc. Very few
details are available of this work including criteria for diagnosis, investigations carried out etc.
In another study, anemia was the common physical problem noted.

HIV/STIs

The HIV/AIDS epidemic ravaged prison populations, with penal facilities around the world
reporting grossly disproportionate rates of HIV infection and of confirmed AIDS cases.
Inmates around the world frequently died of AIDS while incarcerated, often deprived of even
basic medical care‟ (Human Rights Watch Report 2001). In countries like India, Indonesia and
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Thailand, HIV prevalence in prisons is between two and 15 times greater in the prison
populations than in the general community. This could be on account of risky heterosexual or
homosexual encounters, voluntary or coerced, injecting drug use, interpersonal violence or on
account of practices like tattooing (reported from the other countries). TB/HIV co-infection is
also well known (WHO 2007). Most prisoners bring in HIV infection when they enter the
prison. High risk sexual behaviours are common in prisons, and combined with a lack of poor
knowledge of HIV/other STI transmission and a paucity of services makes this a very hidden
and difficult problem to tackle (Guin 2009). The tedious prison environment, crowding and
hostility, lack of occupation of mind and body and just plain boredom lead to accumulated
frustration and tension. This environment leads to high risk activities such as use of drugs and
unprotected sex. Some become involved because of monetary gain. However, there are hardly
any reports of sexual activity in prisons in India and no prevalence data is available. A study
from Thailand shows that of 689 male inmates, one quarter reported ever having sex with men;
of them, more than 80% reported sex with men during incarceration (WHO SEARO 2007).
Sex between men is reported to be common in prisons in India, though homosexuality is illegal
in India. In a study conducted in Arthur Road Jail, 71.6% of 75 employees and 677 inmates
said that they thought sex between men was common in prisons. Eleven per cent of inmates
and staff engaged in homosexual activity in prisons. A study in a district jail near Delhi found
that 28.8% of 184 male inmates had a history of sex with men (WHO SEARO 2007). A study
conducted in Chennai in 2005 found that the HIV prevalence was 37% among 48 IDUs who
were “ever in jail”, compared with 21% among 20 IDUs who had never been incarcerated. The
authors found that 16% of HIV risk among IDUs in Chennai could be attributed to having been
imprisoned In India, there is no clear policy on testing for HIV in prisons in general, nor is
there a uniform policy on access to voluntary counselling and testing. Anecdotal reports
suggest that a few state prisons require testing at entry; some require it during custody and
others before release. Lack of privacy is a common issue for those diagnosed as HIV positive.
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Women and Health Care in Prisons

12
Although the population of women in prisons is relatively low, their adverse social positions
and social disadvantage make them more liable to rejection from families and greater dejection

11
WHO SEARO 2007
12
International Centre for Prison Studies ,2004
18

when they are in prison. Low levels of education and poor legal awareness makes women more
likely to serve longer sentences in prison. Women in the contemporary prison face many
problems; some resulting from their lives prior to imprisonment, others resulting from their
imprisonment itself. Women in prison have experienced victimization, unstable family life,
problems in education and work, and substance abuse and mental health problems. Social
factors that marginalise their participation in mainstream society and contribute to the rising
number of women in prison include poverty, lack of social support, separation or single
motherhood, and homelessness. Lack of financial support and social ostracisation makes life
after release a veritable hell. Particularly difficult situations for women are separation from
children and other significant people, including family. Some women are pregnant when they
come into prison and this can be a particularly difficult time, physically and psychologically.
World over, it has been found that prison services are not sensitive enough in timely recognition
and treatment of their mental health problems and do not address their vocational and
educational needs adequately when compared to men. As mentioned earlier, women are more
liable to abuse. In some parts of the world, it is said that women in prison are likely to be subject
to more disparate disciplinary action than the men. The characteristics of women offenders and
their pathways to crime differ from male offenders. The system responds to them differently,
therefore there is the need for gender-responsive treatment and services

Suggestions:

Here are some suggestions which could help enhance the treatment of prisoners and provide a
more refined foundation for prisons:

• Institutional publication: Every penal system should have some form of institutional
publication where inmates can freely express themselves.

• Bail provisions should be strictly enforced: The provision of no bail in jail should be followed
to the letter. Effective legal assistance: Effective legal service should be offered to convicts in
all jails to assist them with legal concerns.

• Frequent jail officials' transfers: Jail officials should be transferred on a regular basis so that
they do not become involved in corrupt or torturous actions.
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• The role of the media: Regular visits by the media and press to examine the conditions of
detainees should be made, and these reports should be published, as well as the situation of
convicts being emphasized by the media.

• Judicial surveillance: Each District Judge should be assigned the task of visiting the prisons
in his jurisdiction. This would put a stop to the numerous activities that occur in jails, as well
as aid to reduce the threat of corruption in prisons.

The 5th National Conference on Prison Reforms suggested the following measures: The
States/Union Territories are advised to consider implementation of the following suggestions
which are aimed at having an effective prison administration system:

i. The nomenclature of Prisons Department may be changed to "Prisons and Correctional

Administration", which should have integrated prison, correctional and probation
services.
ii. Every State should establish a Welfare Wing under Prison Department comprising
Welfare Officers, Law Officers, Counsellors and Probation Officers.
iii. In order to ensure basic uniformity in prison rules and regulations, all States and Union
Territories should revise their existing Prison Manuals by adopting the provisions of
Model Prison Manual, 2016 prepared by the Ministry of Home Affairs and circulated
to all States and Union Territories in May 2016.
iv. Prisons should be linked with Courts through video conferencing for expeditious trial
and to save costs in escorting undertrials to Courts.
v. The existing vacancies in all ranks of Prison Departments to befilled up expeditiously.
vi. Prison e-system should be integrated with Crime and Criminal Tracking Network and
Systems (CCTNS) as well as e-Courts on priority basis.
vii. Combined training of Prison, Police, Health Department and Judiciary on undertrials
Management to be conducted periodically. Separate training course on de-
radicalization of prisoners should also be conducted 13

Conclusion

Though various bodies have studied the problems of prisons in India and laws are made for
improving jail conditions, it is a fact that many problems plague our prisons. In many cases,
prisoners come out of jails as hardened criminals more than as reformed wrong doers willing

13
The Fifth National Conference Prison Reforms ,2016
20

to join the mainstream social processes. The emphasis on correctional aspect needs to be
strengthened through counselling programmes by experts. The mindset of the prison staff must
change. The management of prisons must be marked by discipline and due regard to the human
rights of prisoners. Prison reform is not just about prison buildings, but what goes on inside
them that needs to be changed. The focus must be on the human rights of prisoners besides
improving their amenities

BIBLIOGRAPHY

Primary Sources

1. The Criminal Procedure Code, 1973;

2. The Indian Penal Code, 1860.

Secondary Sources

Articles

1. Effective and Humane Restoration of Prisoners with Special Reference to India, K.S. Rekh
Raj Jain;

2. K. D. Gaur, The Indian Penal Code 69 (Universal Law Publishing, 3rd ed. 2004);

3. R. N. Datir, Prison as a Social System 35 (Popular Prakashan Private Limited, Bombay,

1978);

4. Prison Conditions and Human Rights, Andrew Coyle;

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

Cases

1. Ramamurthy vs. State of Karnataka (1997) S.C.C. (Cri) 386;

2. R.D. Upadhyay v. State of Andhra Pradesh (1996) 3 SCC 422;

3. Sheela Barse v. State of Maharashtra 1983 SCR (2) 337;

4. Sukdas v. Union Territory of Arunachal Pradesh 1986 SCR (1) 590;

5. Sunil Batra vs Delhi Administration 1979 SCR (1) 392;

21

6. Sunil Fulchand Shah v. Union of India 1989 SCR (2) 867.

Reports

1. The Indian Jails Committee Report, 1919;

2. The Mulla Committee Report, 1983;

3. The Krishna Iyer Report, 1988

WEBLIOGRAPHY

1. www.mha.gov.in
2. www.loksabhadocs.nic.in
3. www.niu.edu.in
4. www.penacclaims.com
5. www.livelaw.com
6. www.indiajusticereport.com
7. www.legalserviceindia.com
8. www.forumias.com
9. www.nhrc,nic,in
10. www.researchgate.net
11. www.criminallawjournal.org
12. www.journalppw.com
13. www.lawcorner.com
14. www.humanrightsinitiative.org
15. www.tutorialspoint.com