The 2023 NCRB report highlights India's prison issues, including overcrowding, outdated laws, and reforms such as model acts, open prisons, technology use, and judicial support for humane treatment and rehabilitation.

Why in the News?

Recently, National Crime Records Bureau (NCRB) has released Prison Statistics India (PSI) 2023 Report.

Governance of Prisons in India

Prisons/ Persons detained therein is a 'State' subject (Entry 4) under Schedule VII of the Constitution. Therefore, administration and management of prisons and prisoners is the responsibility of respective State Governments/ UT administrations.
- Union Ministry of Home Affairs has also been providing regular guidance and support to States and UTs on various issues relating to prison administration.
Earlier, prison was governed by Prison Act, 1894 and Prison manuals of respective state governments.

MHA has prepared Model Prisons and Correctional Services Act, 2023 which may serve as a "guiding document" for States to reform British era laws.
Model Prisons Act, 2023 assimilates relevant provisions of the Prisoners Act, 1900 and the Transfer of Prisoners Act, 1950.

Suhas Chakma v. Union of India & Others (2024): Supreme Court observed that establishing open prisons is one of the solutions for overcrowding and also promote rehabilitation.
Hussainara Khatoon v. State of Bihar (1979): Supreme Court held that right to a speedy trial is a fundamental right under Article 21, resulting in the release of thousands of undertrial prisoners.

An open prison is penal establishment in which prisoners serve their sentence with minimal supervision and perimeter security, and are not locked up in prison cells. Open prison model was adopted in Rajasthan.

Measures taken for Prison Reforms

MHA amended Model Prison Manual, 2016 rules and Model Prisons and Correctional Services Act, 2023: To address caste-based discrimination within prisons across country.
- The amendments have been made in compliance with Supreme Court order on caste-based discrimination of prisoners in Sukanya Santha vs. UoI & Others Case.
- Model Prison Manual 2016 aims at bringing in basic uniformity in laws, rules, and regulations governing administration of prisons and management of prisoners all over the country.
Support to Poor Prisoners Scheme: It provides financial assistance to States/UTs for extending relief to poor prisoners who are unable to secure bail or release from prison due to non-payment of fine, on account of financial constraints.
E-Prison Project: It supplements Prisoner Information Management system, developed by National Informatics Centre, which provides a centralized approach for recording and managing prisoner information and generating different kinds of reports.
Modernization of Prison Project: It aims to fill existing gaps in security infrastructure of jails and provide new security equipments to jails in line with modern day technologies.
FASTER (Fast and Secured Transmission of Electronic Records) system of Supreme Court: To resolve delays in communication of bail orders from courts to prison authorities.

Way Forward/ Recommendations

Follow Supreme Court's three Principles regarding imprisonment and custody:
- First, a person in prison does not become a non-person.
- Second, a person in prison is entitled to all human rights within the limitations of imprisonment.
- Third, there is no justification for aggravating the suffering already inherent in the process of incarceration.
Recommendations of Parliamentary Committee on Home Affairs:
- Utilise technology like trackable bracelets to keep track of prisoners on bail.
- Renovate colonial-era prisons to preserve their heritage and earn revenue by encouraging tourism.
- State Governments may create a Prison Development Fund for the welfare activities of the prisoners.
Recommendations of Justice A.N. Mulla Committee:
- Setting up an All India Service called Indian Prisons & Correctional Service.
- After-care, rehabilitation and probation to be an integral part of prison service.
- Press and public to be allowed inside prisons and allied correctional institutions periodically.
- Undertrials in jails to be reduced to bare minimum and they be kept away from convicts.
Recommendations of Justice Amitava Roy Committee:
- Establishment of special fast-track courts to handle petty offenses and cases pending for over 5 years.
- Use of Video Conferencing for the production of senior citizens and sick prisoners in courts.
- Establishment of exclusive women's prisons, and medical wards for female inmates; formulation of welfare schemes for transgender prisoners etc.
- Mandatory segregation of undertrials, convicts, and first-time offenders within prisons to reduce violence.

Conclusion

The Model Prisons and Correctional Services Act, 2023, and recent judicial pronouncements reflect a growing national consciousness that justice must extend beyond punishment to encompass dignity, reform, and rehabilitation. By harnessing technology, strengthening human resources, and fostering empathy-driven correctional practices, prisons can evolve into true reformative institutions that prepare individuals for constructive re-entry into society.