Context:
The Ministry of Home Affairs has prepared the Model Prisons Act 2023 that will replace a British era law to overhaul the prison administration, which will focus on the reformation and rehabilitation of inmates.
Salient Features of the Act:
- Provisions of punishment for prisoners and jail staff for use of prohibited items such as mobile phones in jails.
- Establishment and management of high security jails, open jail.
- Provisions for protecting the society from the criminal activities of hardened criminals and habitual offenders.
- Provisions for providing legal aid to prisoners, parole, furlough and premature release to incentivise good conduct.
Need of the Model Act:
- The MHA said it found that there were several lacunae in the existing Prisons Act and there was conspicuous omission of the correctional focus in the existing Act.
- The existing law- the Prisons Act of 1894 is a pre independence era Act and is almost 130 years old. Two other related laws — The Prisoners Act, 1900 and The Transfer of Prisoners Act, 1950 are also decades old.
- The existing Act mainly focuses on keeping the criminals in custody and enforcement of discipline and order in prisons.
- There is no provision for reform and rehabilitation of prisoners in the existing Act.
- The Model Prisons Act might serve as a guiding document for the States, and for adoption in their jurisdiction as prisons in the country and persons detained therein are a State subject.
News Source: The Hindu
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