Context: 

The Ministry of Home Affairs (MHA) announced that it has finalised the preparation of the Model Prisons Act, 2023, to replace the existing 130-year-old colonial law in an attempt to shift the focus of incarceration from “retributive deterrence” to “reform and rehabilitation”.

Purpose of the Act:

• To provide guidance and address gaps in the existing prison laws
• To bring in the use of technology in prison management
• To make provisions for the grant of parole, furlough, and remission
• To introduce special provisions for women and transgender inmates

New perspective on prisons and prison inmates: 

• The pre-Independence Prisons Act, 1894, focused on keeping criminals in custody and enforcing discipline and order in prisons, leaving no provision for reform and rehabilitation of prisoners.
• The Ministry said that prisons are not seen as “places of retributive deterrence” today but instead as reformative and correctional institutions where prisoners transform and rehabilitate back into society as law-abiding citizens.

New provisions being proposed:

• Parole, furlough: The Model Prisons Act seeks to create provisions for the grant of parole, furlough, and remission to prisoners to encourage good conduct.
• Alignment with human rights: It aims to provide separate accommodation for women and transgender inmates, ensure the physical and mental well-being of prisoners, and focus on the reformation and rehabilitation of inmates.
• Reintegration into society: The new Act also intends to bring about “attitudinal change towards prisoners” and initiate vocational training and skill development for prisoners.

• Transparency in prison management: It includes
  1. Provisions for security assessment and segregation of prisoners
  2. Individual sentence planning
  3. Grievance redressal
  4. Prison development board
  5. Use of technology in prison administration

• Integration with other Acts: Along with the Prisons Act, 1894, the Prisoners Act, 1900, and the Transfer of Prisoners Act, 1950’ have also been reviewed by the MHA, and their relevant provisions have been assimilated into the Model Prisons Act, 2023.
• Provisions for establishing high-security jails and open, semi-open jails have also been inserted.
• New measures for prisoners to video conference with courts have also been introduced. 

Is the Model Prisons Act, 2023, binding on states?

• Constitutional provisions: 
  1. ‘Prisons’ and ‘persons detained therein’ fall under the State List. 
  2. This means that the responsibility of prison management and administration solely vests with the state government, which alone is competent to make appropriate legislative provisions in this regard.

• View of MHA: The MHA stated that owing to the critical role played by efficient prison management in the criminal justice system, the Centre finds it crucial to support the States and UTs in this regard.

News Source: Indian Express