Prison Reform

September 6, 2023

GS Paper II Indian Polity and Governance

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.
Prisoners: 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.