Prison Reforms in India: Major Amendments, Provisions, and Need

• The Indian prison system is a legacy of the colonial era.
• It was created under the Prisons Act, 1894, which primarily focused on punishing offenders and instilling fear.
• However, after independence, the Indian Constitution guaranteed Fundamental Rights such as Equality (Article 14), Freedom (Article 19), and Right to Life and Personal Liberty (Article 21).
• Hence, the priority of prison administration should not only be punishment but also reformation, rehabilitation, and reintegration of prisoners into society.
• Recently, the Ministry of Home Affairs made amendments to the Model Prison Manual, 2016 and the Model Prisons and Correctional Services Act, 2023, which mark a significant step in this direction.
• Provisions regarding the abolition of caste-based discrimination, ban on manual scavenging, and special facilities for women and transgender prisoners make these reforms historic.

Why are Prison Reforms in News?

• In the case of Sukanya Shanta vs. Union of India, the Supreme Court directed the elimination of caste-based discrimination inside prisons.
• In compliance, the Ministry of Home Affairs introduced reforms in the division of work and categorization of prisoners.
• This initiative reinstates the core constitutional values of equality and dignity.

Major Amendments and Provisions

• Prohibition of Discrimination
  • No caste or social status-based discrimination in prisoners’ work, living arrangements, or treatment.
• Ban on Manual Scavenging
  • The Prohibition of Employment as Manual Scavengers Act, 2013 will also apply to prisons.
  • Prisoners will no longer be forced to clean sewers and septic tanks.
• Provision of Special Prisons
  • Establishment of semi-open and open prisons, where prisoners can work and undergo rehabilitation in a controlled environment.
• Corrective Incentives
  • Good conduct to be rewarded with parole, furlough, and remission of sentence.
  • Temporary release under electronic surveillance (e.g., GPS tagging).
• Rehabilitation and Skill Development
  • Vocational training and employability-oriented education.
  • Assistance in reintegrating prisoners into society post-release.
• Special Facilities
  • Maternity and healthcare services for women prisoners.
  • Safe and separate housing for transgender inmates.

Need for Prison Reforms

1. Colonial Burden of Law

• In Ramamurthy vs. State of Karnataka (1996), the Supreme Court highlighted the need to replace the 1894 Act.

2. Overcrowding

• Prison of India Report 2024:
  • Total prisoners – 5.73 lakh
  • Capacity – 4.36 lakh
  • Occupancy level – 131.4%
  • 75.8% are undertrial prisoners.

3. Judicial Delay and Bail Issues

• Bail rejection rate in sessions courts – 32.3%.
• Prolonged detention of undertrials violates fundamental rights.

4. Inhuman Conditions

• Lack of hygiene and medical facilities in most prisons.
• Only 40% of prisons have sanitary napkins; merely 18% provide women-specific facilities.

5. Condition of Women Prisoners

• State prison manuals lack reproductive rights provisions.
• Inadequate facilities for women prisoners living with children.

6. Death Penalty Concerns

• Between 2006–2022, only 0.3% of death-row convicts were executed.
• Delay causes mental agony and violates international human rights standards.

7. Caste-based Discrimination and Bonded Labour-like Practices

• Division of prison work based on caste and practices like manual scavenging still persist.

Steps Taken So Far

• Fast-Track Courts: For speedy disposal of pending cases.
• NHRC: Monitoring the rights of prisoners.
• Model Prison Manual, 2016: Guidelines for reform-oriented provisions.
• Justice Krishna Iyer Committee (1987): Report on women prisoners.
• E-Prison System: Digital prisoner management.
• FASTER System: Quick delivery of bail orders.
• ICJS: Plan to link courts, police, and prisons.

India’s Legal Framework

• State List (Article 246, Seventh Schedule, Entry 4) – Prisons are under the jurisdiction of State Governments.
• Prisons Act, 1894 – A colonial-era law, still in force in most parts of India.
• Model Prison and Correctional Services Act, 2023 – Provides guidance for new reforms.
• BNSS, 2023 –
  • Section 479: Bail for undertrial prisoners incarcerated for long periods.
  • Sections 289–300: Provisions for plea bargaining.

Global Standards and India

• Nelson Mandela Rules (2015) – Minimum standards for the treatment of prisoners.
• Bangkok Rules (2010) – Special provisions for women prisoners.
• Tokyo Rules (1990) – Recommendations on non-custodial measures.
• India’s Position – India has gradually adopted these standards, but much more remains to be done.

Way Forward

• Judicial Reforms: Make the bail system simpler and more humane.
• Prison Overcrowding Management: Promote open prisons and alternative punishments such as community service.
• Human Resource Reforms: Enhance training and sensitivity among prison staff.
• Rights of Women and Transgender Persons: Ensure health, reproductive rights, and a safe environment.
• Use of Technology: Employ digital tools in surveillance, case tracking, and rehabilitation programs.
• Equality-Oriented Approach: Manage prisons without caste or class-based discrimination.

Conclusion

• Prison reforms in India are not merely a legal matter, but a human rights and social justice issue. 
• The focus should shift from punishing offenders to reforming and reintegrating them into society, which is the hallmark of a democratic and humane nation.
• Today, there is a pressing need for India to move its prison system away from a colonial punitive framework towards a rights-based and rehabilitation-centric model.
• This alone would reflect the true spirit of our Constitution and international human rights standards.