Skip to main content

Prison reforms a very far reality

 Prison reforms a very far reality

Prison reforms in India has been a very heated and debated issue. Even after the formation of various committees consisting of venerated academics and experts in the field, there hasn’t been much ray of hope when it comes to transforming the prisons in India. An all India Jail Manual Committee was established in the year 1957 to formulate a manual that would lay down the rules and regulations for the proper management of the prisons across the country.


In 1972, the government formed a working group to discuss and present before the government some suggestions regarding the management of prisons in India. On the basis of the recommendation of this working group, the government framed the covet National Policy on Prisons.


In furtherance of initiating reforms, the government formed the Mulla Committee, under the head of Justice Mulla. The primary aim of the committee was to look into the law, rules, regulations protecting society and reforming offenders. The committee finalised its report in the year 1983. The importance of the recommendations of the Mulla Committee is that the issues and problems discussed and highlighted by the committee are still relevant in today’s time.


The committee highlighted points such as living conditions of prisoners as well as the security issues of the prisons. Another committee formed by the government in 1987 known by the name Krishna Iyer Committee had taken a view tantamount to that of the Mulla Committee. Apart from this, it had highlighted the need for  a prison system where the condition of women is given prominence and the need for and increase in the number of women officials working in prison, advocating a gender sensitive approach in the prison.


Major Issues 

With the passage of time the burden on the prisons has increased manifold. The number of inmates in the prisons have skyrocketed with limited amount of space and no change in the infrastructural facilities of the prison. There is an urgent need for medical specialist in the prisons. There are many prisons which have a dearth of doctors and specialist like dermatologists, dentists, etc. There are many inmates who are suffering from various diseases and deficiencies but no proper care is provided to them. Furthermore, there is no special arrangement for food for people who are sick in many prisons. The needs of women prisoners are neglected.


There are many women who are serving jail time but are pregnant and lactating. The needs of such women are neglected and not taken proper care of. An even more major concern is that of undertrials. There are numerous inmates who’s hearings are pending before the higher courts but there is no separate arrangement for such individuals and they are languishing in jail with inmates who are declared by the courts as confirmed offenders. The committees mentioned above have laid emphasis on the point that prisoners should not be isolated from the society.


File Copyright Online – File mutual Divorce in Delhi – Online Legal Advice – Lawyers in India


Prison Reforms: A Distant Reality

By VrindaGaur | Views 5843


 

  1. 0  0 Blogger0 whatsapp0 pocket0 Digg0

  2. Prison reforms in India has been a very heated and debated issue. Even after the formation of various committees consisting of venerated academics and experts in the field, there hasn’t been much ray of hope when it comes to transforming the prisons in India. An all India Jail Manual Committee was established in the year 1957 to formulate a manual that would lay down the rules and regulations for the proper management of the prisons across the country.


In 1972, the government formed a working group to discuss and present before the government some suggestions regarding the management of prisons in India. On the basis of the recommendation of this working group, the government framed the covet National Policy on Prisons.


In furtherance of initiating reforms, the government formed the Mulla Committee, under the head of Justice Mulla. The primary aim of the committee was to look into the law, rules, regulations protecting society and reforming offenders. The committee finalised its report in the year 1983. The importance of the recommendations of the Mulla Committee is that the issues and problems discussed and highlighted by the committee are still relevant in today’s time.


The committee highlighted points such as living conditions of prisoners as well as the security issues of the prisons. Another committee formed by the government in 1987 known by the name Krishna Iyer Committee had taken a view tantamount to that of the Mulla Committee. Apart from this, it had highlighted the need for  a prison system where the condition of women is given prominence and the need for and increase in the number of women officials working in prison, advocating a gender sensitive approach in the prison.


Major Issues 

With the passage of time the burden on the prisons has increased manifold. The number of inmates in the prisons have skyrocketed with limited amount of space and no change in the infrastructural facilities of the prison. There is an urgent need for medical specialist in the prisons. There are many prisons which have a dearth of doctors and specialist like dermatologists, dentists, etc. There are many inmates who are suffering from various diseases and deficiencies but no proper care is provided to them. Furthermore, there is no special arrangement for food for people who are sick in many prisons. The needs of women prisoners are neglected.


There are many women who are serving jail time but are pregnant and lactating. The needs of such women are neglected and not taken proper care of. An even more major concern is that of undertrials. There are numerous inmates who’s hearings are pending before the higher courts but there is no separate arrangement for such individuals and they are languishing in jail with inmates who are declared by the courts as confirmed offenders. The committees mentioned above have laid emphasis on the point that prisoners should not be isolated from the society.

However we see that, there are no voting rights granted to prisoners and their conjugal rights are also compromised. Little priority has been given to the quality of food provided to the prisoners. One very imperative issue that has been neglected is that of juveniles languishing in jail. The committees have highlighted the importance of legal aid to be provided to the inmates, however progress for the same remains dormant.


Reforms Needed

A number of reforms are urgent in order to ensure that the prisons are brought to terms with the the recommendations of the committee. Some of these reforms are a need of the hour. One such much needed reform is the formation of new and independent prison bodies. There is a need to establish a department of prisons and national commission on prison.


The Prison Act 1884 is a very archaic piece of legislation and requires amendments and modifications to ensure that the system of prisons function in the present and according to the needs of the 21st century. Offenders belonging to the age group of 18-21 should not be confined to the  prisons meant for adult offenders.


A facility for rehabilitation and reconciliation with the society should be a norm in prisons. Apart from this, serious offenders must be provided with counselling facilities in order to ensure that the offender leaving the prison should not step out with a similar mindset with which he landed up in the prison in the first place. Another initiative should be to ensure that the prison population is limited and prisons don’t overcrowd. This can be done by speeding up with the process of trials either by establishing fast track courts or by hearing matters in the digital mode. There is a covet need to look into the sanitation conditions of prisons as well as set up new ones which are well adapted with modern facilities. 


Judicial Perspective

In State of Gujrat v Hon’ble High Court of Gujrat, the court observed that prisoners are entitled to a minimum wage for the the work done by them inside jails. This would enable them to integrate with the society once again after their sentence period is over. In the case of M H Hoskot v State of Maharashtra, it is the duty of the state to ensure that free legal aid mentioned under article 39A of the constitution is provided to the prisoners. In Mohammad Giasuddin v State Of Andhra Pradesh, it was decided that prisons must play a therapeutic role in the treatment of social morbidity in the prisoner’s guilt.


Conclusion 

Starting with the Mulla Committee, a number of key committees have been established, including the Malimath Committee, the Justice Krishna Iyer Committee, and, most recently, the Justice Roy Committee (2018), to examine the state of India’s prisons and recommend reforms. However, reform implementation has been sluggish, and the required political will to effect change is lacking. Governments must value and appreciate the potential of jail convicts as members of our society who can contribute in the future if given proper correctional and reformative treatment.


The Supreme Court and the various High Courts have reiterated again and again about the need for prison reforms. However the government has turned a deaf year towards these calls and recommendation. A draft policy was also drafted but it had failed to provide a silver lining in the cloud. There is indeed a long road ahead in the field of prison reforms.
Labels:

Comments

Post a Comment

Popular posts from this blog

Section 58B of The Advocates Act - Special provision relating to certain disciplinary proceedings

 Section 58B The Advocates Act Description (1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian B
Post a Comment
Read more

Case Laws related to Defamation in favour of ClaimantCase Laws related to Defamation in favour of Claimant. TOLLEY Vs, J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement. Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be asked to resign from his respective club. Furthermore, there was evidence that the possible adverse effects of the caricature on the claimant’s reputation were brought to the defendants’ attention. The trial judge found that the caricature could have a defamatory meaning. The jury then found in favor of the claimant. Held The House of Lords held that in the circumstances of this case – as explained by the facts – the caricature was capable of constituting defamation. In other words, the publication could have the meaning alleged by the claimant. The Lords also ordered a new trial limited to the assessment of damages. NEWSTEAD V LANDON EXPRESS NEWSPAPER LTD, (1939) Facts: A newspaper published a defamatory article about Harold Newstead. However, another person with this name brought an action in libel. He claimed that the article had been misunderstood as leading to him. The defendant newspaper recognised that they published the article. Also, they denied that they had the intention of being defamatory of him. Consequently, the claimant argued that the newspaper was under a duty. The duty was to give a clear and complete description of the correct person. Moreover, the claimant argued that the defendants were in breach of the duty. Issues: The issue in Newstead v London Express Newspaper, was if the reasonable persons would have understood the words complained of to refer to the plaintiff. Held: The Court of Appeal stated that in accordance with the current law on libel, liability for libel does not depend on the intention of the defamer; but on the fact of the defamation. Accordingly, a reasonable man, in this case a newspaper publisher, must be aware of the possibility of individuals with the same name and must assume that the words published will be read by a reasonable man with reasonable care.

  Case Laws related to Defamation in favour of Claimant.  TOLLEY  Vs,  J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement.   Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be aske
1 comment
Read more

Rules as to delivery of goods

                             Rules as to delivery of goods Section 2(2) of Sale of Goods Act defines ‘delivery’ as a ‘voluntary transfer of possession from one person to another.’ Thus, if the transfer of goods is not voluntary and is taken by theft, by fraud, or by force, then there is no ‘delivery. Moreover, the ‘delivery’ should have the effect of putting the goods in possession of the buyer. The essence of the delivery is a voluntary transfer of possession of goods from one person to another. There is no delivery of goods where they are obtained at pistol point or theft. 1. Mode of Delivery: According to Section 33, delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorized to hold them on his behalf. Delivery of goods may be actual, symbolic or constructive. 2. Expenses of Delivery: According to Section 36(5), unless otherwise agree
Post a Comment
Read more