Prison Reform

Context:

Recently, the Supreme Court of India (SC) made public the report of a committee on prison reform.

• In September 2018, the SC appointed a three members panel under the chairmanship of Justice Amitava Roy (retd) to examine the issues plaguing prisons that needed reform.

Key Finding of the Committee: 

• Women Prisoners:
  • Women prisoners accounted for 4.2 percent, only 18% of them allotted exclusive women prison facilities.
  • Women in incineration are more vulnerable – lack access to basic facilities 
    • For example: Less than 40% of inmates provided sanitary napkins.
• Overcrowding and under trial Prisoners
  • The occupancy rate stood at 122 percent across 1341 jails, including sub-jails, district jails and others.
  • Three out of four, or about 77% are under Trials (prison Statics – 2021).
• Transgender Prisoners: Violation of their statutory rights mandated by the Transgender Persons (Protection of Rights) Act, 2019.
• Suicide and Mental Health
  • Suicide was the predominant cause among 817 unnatural deaths.
  • 7,524 inmates were reported to be suffering from mental illness.

Initiative Taken By Government of India:

• Establishment of Fast Track Courts (FTCs) for expeditious disposal of long pending cases in the Sessions Courts.
• The concept of plea-bargaining to reduce the delay in the disposal of criminal trials and appeals and also to alleviate the suffering of under-trial prisoners. 
• National Mission for Justice Delivery and Legal Reforms: With the twin objectives of increasing access by reducing delays and arrears and enhancing accountability through structural changes.

Major Recommendation of Committee:

• 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 urged district and session judges to monitor the progress of cases involving prisoners in custody for extended periods.
• Addressing staff shortage: Filling existing vacancies on priority basis (a perennial average of 30-40% vacancies). Sensitizing staff would be key.
• Alternate sentencing:
  • There are legal provisions for alternating sentences such as fines, probation and abomination which are underutilized by courts.
  • Replacing imprisonment for petty offenses with community services ( model followed in most European countries and USA).
  • Encouraging their use could help alleviate overcrowding and aid prisoner reintegration in society.
• New infrastructure and provide basic facilities:
  • For example Separate bathing and toilet areas should be provided exclusively for transgender.
  • Regular health check ups and medical facilities.
  • Encouraging vocational training and skill development.
• Separation of undertrial and convicts: Presently, all prisoners are lodged together.

News Source: Hindustan Times