India's New Model Prisons Act, 2023 Aims for Modernization and Inmate Rehabilitation
Description
India's New Model Prisons Act, 2023 Aims for
Modernization and Inmate Rehabilitation (Model Prison Act, 2023)
The Centre has finalised a comprehensive ‘Model Prisons Act, 2023’ to replace the pre-independence era ‘Prisons Act, 1894’ which mainly focused on keeping criminals in custody and enforcing discipline and order in prisons.
Prisons today are not looked as places of retributive deterrence but are considered as reformative and correctional institutions where the prisoners are transformed and rehabilitated back into society as law abiding citizens.
Constitutional provisions
As per the provisions of Constitution of India, ‘prisons’/ ‘persons detained therein’ is a 'State' subject. The responsibility of prison management and prisoners administration solely vests with State Governments who alone are competent to make appropriate legislative provisions in this regard. However, given the critical role that efficient prison management plays in the criminal justice system, the Government of India attaches high degree of importance to supporting the States/UTs in this regard.
Why need arises for reform?
Over the past few years, the Ministry of Home Affairs (MHA) noted that there are several lacunae in the existing Prisons Act, which regulates the prison administration in all States and Union territories, with the exception of few States who have enacted a new Prisons Act.
These are: overcrowding, prolonged detention of undertrials, unsatisfactory living conditions, staff shortage and poor training, corruption and extortion, inadequate social reintegration programes, poor spending on healthcare and welfare, lack of legal aid and allegations of indifferent and even inhuman approach of prison staff among others. On some occasions, such as the blinding of prisoners in Bhagalpur, the stark human rights situation also attracted great attention. The murder of a woman life convict in the Byculla women’s prison in Mumbai in June 2017 has brought the focus back on custodial violence, especially the vulnerability of inmates to authoritarian behaviour.
Model Reforms Act
With the objective of holistically providing guidance and addressing the gaps in the existing Prisons Act, including the use of technology in prison management, making provisions for grant of parole, furlough, remission to prisoners to encourage good conduct, special provision for women/ transgender inmates, physical and mental well-being of prisoners and focus on the reformation and rehabilitation of inmates, etc. the Ministry of Home Affairs has finalised a comprehensive ‘Model Prisons Act, 2023’, which may serve as a guiding document for the States, and for adoption in their jurisdiction.
Along with ‘The Prisons Act, 1894’, ‘The Prisoners Act, 1900’ and ‘The Transfer of Prisoners Act, 1950’ have also been reviewed by the Ministry of Home Affairs and relevant provisions of these Acts have been assimilated in the ‘Model Prisons Act, 2023.’ State Governments and Union Territory Administrations can benefit from the Model Prisons Act, 2023 by adopting it in their jurisdictions, with such modifications which they may consider necessary, and repeal the existing three Acts in their jurisdictions.
Some salient features of the new Model Prisons Act are as follows:
• Provision for security assessment and segregation of prisoners, individual sentence planning,
• Grievance redressal, prison development board, attitudinal change towards prisoners.
• Provision of separate accommodation for women prisoners, transgender, etc.
• Provision for use of technology in prison administration with a view to bring transparency in prison administration.
• Provision for video conferencing with courts, scientific and technological interventions in prisons, etc.
• Provision of punishment for prisoners and jail staff for use of prohibited items like mobile phones etc. in jails.
• Provision regarding establishment and management of high security jail, open jail (open and semi open), etc.
• Provision for protecting the society from the criminal activities of hardened criminals and habitual offenders, etc.
• Provision for legal aid to prisoners, provision of parole, furlough and premature release etc. to incentivise good conduct.
• Focus on vocational training and skill development of prisoners and their reintegration into the society.
Other initiatives related to Prison Reform in India
• Modernization of Prisons Scheme: The scheme for modernisation of prisons was launched in 2002-03 with the objective of improving the condition of prisons, prisoners and prison personnel.
• Modernisation of Prisons Project (2021-26): Government has decided to provide financial assistance to States and UTs, through the Project for using modern-day security equipment in Prisons for Enhancing the security of jails and To facilitate the task of reformation and rehabilitation of prisoners through correctional administration programmes.
• E-Prisons Project: The E-Prisons project aims to introduce efficiency in prison management through digitization.
• National Legal Services Authority (NALSA): It was constituted under the Legal Services Authorities Act, 1987 which came into force on 9th November, 1995 to establish a nationwide uniform network for providing free and competent legal services to the weaker sections of the society.
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