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Prison Reform

Context: 

Recently, the Supreme Court made public the report of the Committee on Prison Reforms.

More on News:

  • In September 2018, the Supreme Court established a three-member committee led by former Supreme Court Justice Amitava Roy to investigate prison conditions in India.
  • Prisons in the country and ‘persons detained therein’ are a State subject.

Status in India:

  • Prison: The 1,319 prisons in the country consist of 564 Sub Jails, 424 District Jails, 148 Central Jails, 88 Open Jails, 41 Special Jails, 32 Women Jails, 19 Borstal Schools and 3 Other than the above Jails. 
  • 6Prisoners: As per the NCRB, a total of (5,54,034) prisoners were confined as on 31st December, 2021 in various jails across the country. 
    • The number of Convicts, Undertrial inmates and Detenues were reported as 1,22,852, 4,27,165 and 3,470 respectively accounting for 22.2%, 77.1% and 0.6% respectively at the end of 2021.

Key Findings of the Report:

Women Prisoners: 
  • Rise in Female Prison Population in India (2014-2019): Between 2014 and 2019, Indian prisons witnessed an increase in the population of female prisoners by 11.7%, and by 2019, women accounted for 4.2% of the total prison population.
  • Gender Disparities: Women in incarceration face more significant challenges compared to male prisoners, particularly in terms of access to basic facilities and services. 
    • Ex: Medical care, legal aid, paid labor opportunities, and recreational facilities.
  • Lack of Exclusive Facilities: Only 18% of women prisoners in India are allocated exclusive women’s prison facilities, as only 15 states and UTs have functional women’s prisons
  • Inadequate Sanitary Facilities: Less than 40% of prisons in the country provide sanitary napkins for female inmates.
  • Shared Facilities: About 75% of female wards in prisons have to share kitchens and common facilities with male wards.
  • Limited Complaint Mechanisms: In only 10 states and 1 union territory, women inmates are allowed to file complaints against jail staff for any form of abuse or harassment. 
  • Medical Challenges: There is a lack of separate medical and psychiatric wards, basic facilities for child delivery, and healthcare professionals who can address gender-specific health needs. 
    • Additionally, prisons in 19 states and 6 UTs lack psychiatric wards for women inmates.
Overcrowding Concerns
  • The occupancy rate in Indian prisons, as of November 30, 2018, stood at 122 percent across 1,341 jails, including sub-jails, district jails, and others. 
  • High Overcrowding Rates: The highest overcrowding rates were observed in district prisons (148 percent), followed by central prisons (129 percent) and sub-prisons (106 percent).
Transgender Prisoner
  • There is a lack of welfare schemes for transgender prisoners in most states and Union Territories. 
  • Only 13 states and 2 UT’s have designated a “complaint officer” to address rights violations of transgender inmates, as mandated by the Transgender Persons (Protection of Rights) Act, 2019.
Suicide
  • Suicide was a major cause of the 817 unnatural deaths reported in jails across India during 2017-21.

Model Prisons Act 2023:

  • About: The Ministry of Home Affairs has introduced the ‘Model Prisons Act 2023’ to replace a British-era law, the Prisons Act of 1894.
  • Aim: To overhaul prison administration with a focus on the reformation and rehabilitation of inmates. 
  • Key features of the Model Prisons Act 2023:
    • Punishment for Prohibited Items: The act includes provisions for punishing prisoners and jail staff for the use of prohibited items such as mobile phones within jails.
    • Establishment of High-Security Jails: It outlines the establishment and management of high-security jails, as well as open and semi-open jails.
Factors Contributing to Overcrowding in Jails:

  • Stagnancy of prison infrastructure against steady increase in inmate flow, 
  • Lack of initiative and drive of expansion or improvement in prison infrastructure, 
  • Avoidable arrests and incarceration for petty offences, 
  • Delay in investigation and trial.
    • Parole, Furlough, and Premature Release: The act includes provisions for granting parole, furlough, and premature release to incentivize good conduct among prisoners.
    • Modernization: It encourages the use of technology in prison management to enhance transparency and efficiency in prison administration. It also allows for video conferencing with courts and technological interventions.
    • Special Provisions: The act includes special provisions for women prisoners and transgender inmates, taking into account their unique needs.

Committee’s Recommendations

6.1

  • Strengthening Undertrial Review Committee (UTRC) Mechanism: It assesses the release of undertrial prisoners and convicts eligible for release.
  • Focus on Speedy Trials: Establishment of special fast-track courts to deal with petty offenses and long-pending cases.
  • Monitoring by High Courts: High courts are urged to direct District & Sessions Judges to monitor the progress of cases involving prisoners in custody for extended periods, both in session triable and magistrate triable cases.
  • Addressing Staff Shortages: Need to address staff shortages in the prison department across the country by filling existing vacancies.
    • The Prison Department has a perennial average of 30%-40% vacancies.
  • Alternative Sentencing: There are legal provisions for alternative sentences, such as fines, probation, and admonition, which are underutilized by the courts. 
  • Encouraging their use could help alleviate overcrowding and aid prisoner reintegration into society.
  • Suicide-Proof Barracks with collapsible materials to prevent suicide in Prison.
    • Suicide comprised 6·24% of all deaths reported in Indian prisons between Jan 1, 2015, and Dec 31, 2019.
  • Transgender Welfare:
    • Specific rules should be outlined regarding documentation, search procedures, placement, medical facilities, and recreational, welfare, and educational activities for transgender inmates.
    • Separate bathing and toilet areas should be provided exclusively for transgender prisoners.
    • A comprehensive health check-up should be conducted for every transgender prisoner upon admission to the jail.
    • Encouraging Vocational Training and Skill Development
United Nations Environment Assembly 

  • The UNEA was created in June 2012, during the United Nations Conference on Sustainable Development, also referred to as RIO+20.
  • It was the culmination of decades of international efforts, initiated at the UN Conference on the Human Environment in Stockholm in 1972. 
  • It is the world’s highest-level decision-making body on the environment.
  • Assembly meets biennially to set priorities for global environmental policies and develop international environmental law.
  • Understanding critical environmental challenges and preserving and rehabilitating our environment is at the heart of the 2030 Agenda for Sustainable Development.

News Source: The Indian Express

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Comprehensive coverage with a concise format
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हिंदी में भी उपलब्ध
Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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