Recently, India Justice Report 2025 was published which highlighted that Indian jails face extreme overcrowding and are battling multiple health challenges.

Key Highlights of Report on Prison

• Overcrowding and Infrastructure
  • Occupancy Rate (2022): 131% (up from 112% in 2012).
  • Prison population (2012–22): Increased from 3.8 lakh to 5.7 lakh.
• Undertrial Population
  • 76% of total prisoners are undertrials (up from 66% in 2012).
  • Uttar Pradesh, Bihar, Maharashtra account for 42% of all undertrials.
• Staff Shortages & Medical Crisis
  • 30% overall staff vacancies; 43% medical officer posts vacant.
  • Medical officer ratio: 1 doctor per 775 prisoners (vs benchmark of 1:300).
  • Psychologists/Psychiatrists: Only 25 for the entire nation (1 per 22,929 prisoners); sanctioned strength is 69.
• Mental Health
  • Recorded Mental illness Cases: 9,084 (2022), up from 4,470 (2012).
  • 25 States/UTs have no psychologists or psychiatrists in prisons.
• Gender & Diversity
  • Women prisoners: Increased by 40% over the decade.
  • Women prison staff: Only 13% (up from 8% in 2012).
  • Only Mizoram met the 33% benchmark for women staff.
• Budget & Spending
  • Prison budget increased: ₹3,275 crore (2012) → ₹8,725 crore (2022) (+166%).
  • Per inmate spend: ₹44,109/year (₹121/day); lowest: Mizoram ₹5/day, Maharashtra ₹47/day. Andhra Pradesh has the highest spend: ₹733 per inmate/day.
  • Only 6 States/UTs fully utilized the allocated budget.
• Education & Skill Training
  • Literacy: 1 in 4 prisoners is illiterate.
  • Vocational Training: Only 2% of the total prison population received it.

Regulations for Prison in India

Constitutional Framework

• Article 14: All prisoners, including undertrials and convicts, are equal before the law and entitled to equal protection.
• Article 21: Guarantees that no person shall be deprived of life or personal liberty except according to procedure established by law.
  • Forms the foundation for prisoners’ rights to dignity, health, food, legal aid, and protection from torture.
• Article 22: Ensure rights to consult legal counsel, protection against arbitrary arrest, and preventive detention.
• Article 23: Prison labour is legal under regulated conditions, but forced or exploitative labour is banned.
• Article 39A: Directs the State to provide free legal aid to ensure access to justice for all, including undertrial prisoners.
• State Subject under 7th Schedule (List II): Prisons are a State subject, giving state governments primary responsibility for prison administration, budgeting, and reforms.
  

Legal Framework

Colonial-Era Laws

• Prisons Act, 1894: Still governs many aspects of prison management in India.
  • Focused on discipline, security, and punishment, not rehabilitation.
  • Outdated – criticized for being custodial rather than reformative.
• Prisoners Act, 1900: Deals with transfer and removal of prisoners across states.

Post-Independence Reforms & Legislations

• Probation of Offenders Act, 1958: Allows release of first-time or minor offenders on probation with or without supervision, instead of imprisonment.
• Juvenile Justice (Care and Protection of Children) Act, 2015: Separates juvenile offenders from adult prisoners.
  • Juveniles cannot be kept in regular jails.
• Mental Healthcare Act, 2017: Mandates mental health facilities in prisons and training of prison staff.
  • Each state must have at least one mental health unit in its prisons.
• Model Prison Manual, 2016: Inspired by UN Mandela Rules.
  • Emphasizes reformative justice, rights-based prison management.
  • Covers:
    • Legal aid, education, vocational training
    • Special provisions for women, transgenders, and children in prison
    • Parole, furlough, and open prisons
• Model Prisons and Correctional Services Act, 2023: Seeks to replace the Prisons Act, 1894.
  • Aims to modernize prison laws and focus on reformation, rehabilitation, use of technology, and protection of vulnerable groups.
  • Adoption is optional for states (as prisons are a State Subject).
• Model Prison Manual (2003 & 2016): 2016 version aligns with UN’s Nelson Mandela Rules.
  • Provisions include:
    • Correctional services
    • Parole, furlough, open prisons
    • Special safeguards for women, children, transgenders
  • Adopted by 19 states and all UTs by July 2024​.

International Frameworks Influencing Indian Prison Reforms

• Universal Declaration of Human Rights (UDHR), 1948
  • Article 5: “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”
  • Article 10: Right to fair and public hearing.
• International Covenant on Civil and Political Rights (ICCPR), 1966
  • Article 10: Persons deprived of liberty must be treated with humanity and dignity.
• United Nations Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules), 2015
  • India is a signatory.
  • Key Principles:
    • Prohibition of torture and degrading treatment
    • Separation of undertrials and convicts
    • Access to legal counsel, family visits, healthcare
    • Rehabilitation, education, and vocational training
• United Nations Standard Minimum Rules for Non-Custodial Measures (Tokyo Rules), 1990
  • Promote use of alternatives to imprisonment like probation, community service, and parole.
• Bangkok Rules (2010) – for Treatment of Women Prisoners
  • Emphasize gender-sensitive prison management.
  • Call for non-custodial alternatives for women offenders.

Issues Related to Prisons in India

• Overcrowding and Excessive Undertrial Detention: As per India Justice Report 2025, the national occupancy rate was 131% as of December 2022.
  • 76% of all prisoners are undertrials—most await justice for 1–3 years, some even 5+ years​.
  • 90 per cent of the prisoners in Delhi’s prisons are undertrials.
• Poor Living Conditions and Health Facilities: Overcrowding leads to appalling hygiene, poor ventilation, substandard diet, and lack of clean water.
• Staff Shortages and Lack of Training: Over 30% staff shortage, severely affects daily monitoring and rehabilitation work​.
  • India’s prison staff–inmate ratio is 1:7, while in the UK it’s 2:3.
  • Medical Staff Shortage: Ratio is 775 prisoners per doctor, far below the recommended 1:300.
• Inequality and Discrimination in Prisons: Affluent and upper-caste prisoners often receive preferential treatment, such as access to private cells, better food, and reduced labor.
  • The Supreme Court (2024) struck down caste-based work allocation (e.g., Dalits cleaning toilets) as violative of Articles 14, 17, 21 & 23​.
• Weak or Inadequate Prison Reform Programs: Despite isolated efforts (e.g., Art of Living SMART Program in Tihar, Srijan), most prisons lack:
  • • Daily structured activities
    • Vocational training
    • Post-release monitoring
  • Only 3% of convicts are housed in open prisons, which are reformative and cost-effective​.
• Insufficient Legal Aid and Delayed Access: Legal aid is often only accessible after trial begins, leaving undertrials unassisted at remand stage.
  • Many are illiterate, unaware of their legal rights, and lack financial means to hire lawyers.
• Custodial Abuse, Torture, and Deaths: Physical abuse, beatings, forced labor, and rape are common—especially for new inmates.
• Low Budget Allocation for Prison Welfare: As per IJR 2025, 18 states spent less than ₹100 per day per inmate.
• Challenges of Uniform Prison Management: Prisons are a state subject and therefore, having uniform prison management is a difficult issue.

Important Committees on Prison Reform & Recommendation 

• Mulla Committee (1980–1983): Headed by Justice A.N. Mulla.
  • Key Recommendations:
    • Establish Indian Prisons and Correctional Services.
    • Separate undertrials from convicts.
    • Media and public access to jails.
    • Emphasis on rehabilitation, after-care, and correctional training.
    • Allocation of adequate funds for prison improvements.
• Krishna Iyer Committee (1987): Focused on women prisoners.
  • Suggested:
    • More female staff.
    • Legal aid, education, and vocational training for women inmates.
    • Protection from custodial sexual abuse.
• Justice Amitava Roy Panel on Prison Reforms (2018-2020)
  • Overcrowding: Maintain a lawyer-to-prisoner ratio of at least one lawyer for every 30 prisoners.
  • Understaffing: Direct the Supreme Court to initiate recruitment for vacant positions.
    • Use of video conferencing for trials.
  • Prisoner Rights: Allow each new prisoner one free phone call daily to family during their first week.

Initiatives Related to Prison Reforms in India

• Open Prisons System: Based on trust and good behaviour, prisoners live with minimal security and can work in the open.
  • Aim: Reduce overcrowding and promote social reintegration.
  • Rajasthan leads with 41 open prisons.
  • However, only 3% of convicts are housed in open prisons; underutilized in most states​.
• E-Prisons Project: Initiative of the Ministry of Home Affairs.
  • Digitizes prisoner records and integrates data through the Interoperable Criminal Justice System (ICJS).
• E-Mulaqat and Video Conferencing:
  • E-Mulaqat: Enables digital communication between prisoners and their families/legal advisors.
  • Video Conferencing: Promoted post-COVID for court appearances.
• Undertrial Review Committees (UTRCs): Mandated by Supreme Court to periodically review cases of undertrials eligible for release.
  • Aimed at: Reducing pre-trial detentions; Ensuring bail and parole where due.
  • Supported under both the Model Prison Manual and Model Act 2023.
• Legal Aid & Paralegal Volunteer Programmes: Supported by National Legal Services Authority (NALSA).
  • Activities include: Legal awareness in prisons; Paralegal volunteers to assist undertrials in applying for bail.
• Vocational Training and Rehabilitation Schemes: Introduced in some prisons (e.g., Tihar Jail’s SMART program, Srijan project).
  • Focus: Skill building, psychological support, post-prison reintegration.
  • However, such programs are exceptions, not uniformly implemented across the country​.
  • Delhi University’s Delhi Skill and Entrepreneurship University (DSEU) has partnered with Tihar Jail to offer skill-based courses to inmates, aimed at their rehabilitation and integration into society. 
• Prison Labor Reforms: Shift from punitive to productive labor.
  • In some open prisons, inmates are paid market wages, out of which they pay for their upkeep.
  • Maharashtra introduced a comprehensive prison wage system in 1949—a model followed by other states later​.
• Innovative Approaches
• • Vipassana Meditation: Successfully reduced recidivism in Tihar Jail (1995) by promoting mental well-being.
  • Aftercare Programs: NGOs like Seva Sadan aid reintegration through housing and employment support.

Way Forward for Prison Reforms in India

• Adopt and Implement the Model Prisons Act, 2023: States should replace the outdated Prisons Act, 1894 with the new Model Act to align with rehabilitative and rights-based goals.
  • The Act promotes education, mental health support, separate accommodation for women and transgender inmates, and technology integration​.
• Reduce Undertrial Detentions through Legal Aid & Fast-Track Mechanisms: Expand the role of Undertrial Review Committees (UTRCs) and strengthen free legal aid from the point of arrest—not just during trial.
  • Implement Section 436A CrPC effectively and encourage plea bargaining to decongest jails​​.
• Expand and Utilise Open Prisons: Promote open prisons for well-behaved convicts, as endorsed by the Supreme Court in Suhas Chakma (2024).
  • These institutions reduce costs, promote self-discipline, and aid in social reintegration—but currently house only 3% of convicts​.
• Strengthen Prison Staffing and Training: Urgently fill 30–45% vacant positions in cadre, correctional, and medical staff.
  • Provide basic and in-service training, especially in mental healthcare and human rights compliance​.
• Ensure Dignified Conditions and Eliminate Discrimination: Eliminate caste-based duties (as recently directed by the Supreme Court).
  • Improve facilities for women inmates, including healthcare, childcare, and regular visits​.
• Strengthen Oversight Mechanisms: Ensure regular inspections by Board of Visitors (BoVs) and encourage media access for transparency.
  • Only 899 inspections were recorded in 2022 against a required 3,100+; this must be rectified for accountability​.

Conclusion

India’s prison system urgently requires comprehensive reforms to address overcrowding, undertrial delays, and inadequate healthcare and staffing. Implementing the Model Prisons Act, 2023, expanding open prisons, and strengthening legal aid and mental health services are critical steps toward a humane and rehabilitative justice system.

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