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There is no society without crime and criminals, this is the reason why every country requires a jail system. Through imprisonment, the purpose of punishment can be arrived at. Prisons cannot be considered as an ordinary environment. The primary goal of forwarding criminals to jail is to turn them into a kind, honest and law-abiding citizens, but in real practise, the authorities of prison use intimidation and compulsion to rehabilitate convicts. As a result, offenders' behaviour changes only momentarily while in jail; once freed, they are lured back to criminality. As a result, the general tendency is to focus a greater emphasis on convicts in order to assist them in reintegrating into society. Probation and parole are two approaches for prison reform that can help attain this goal.

Focusing on custodial violence by police & reforms. Every human being is made and endowed with equal and with some fundamental rights by their source. The right to personal life and liberty is the foremost right embodied to every human being, however, when a person breaks the ethics of society, those rights are forfeited with commensurate penalties. Prisons' primary objective is to reintegrate inmates into society.[1] And the primary role of all civil society is to punish offenders. Because of fast changes in social values and sentiment, the practise of punishment and people's attitudes toward it have shifted dramatically over time. As a result, punishment can be utilised as a technique of reform, lowering the prevalence of crime significantly. And only the prison facility can achieve the goal of punishment.[2] Throughout history, prisons have been documented. Correctional facilities, detention centres, jails, remand centres, and other terms are used in different nations to describe prisons.[3] There is no society without crime and criminals, this is the reason why every country requires a jail system. Through imprisonment, the purpose of punishment can be arrived at. Prisons cannot be considered as an ordinary environment. The primary goal of forwarding criminals to jail is to turn them into a kind, honest and law-abiding citizens, but in real practise, the authorities of prison use intimidation and compulsion to rehabilitate convicts. As a result, offenders' behaviour changes only momentarily while in jail; once freed, they are lured back to criminality. As a result, the general tendency is to focus a greater emphasis on convicts in order to assist them in reintegrating into society. Probation and parole are two approaches for prison reform that can help attain this goal.[4] Today, prison is more commonly referred to as a correctional or rehabilitation centre, implying that the emphasis is on prisoner reform than than punishment. To do this, a nice environment must be developed in jails for the benefit of convicts. For successful reintegration into society after release, inmates require educational, recreational, and vocational training facilities, as well as an emphasis on social and ethical ideals. This will help them find alternative means of income after they are released. .

Meaning and Classification of Prison

According to Donald Taft, “prisons are purposefully designed to produce an uncomfortable forced separation from society”. A prison can also be defined as a “severe discipline, the provision of minimum requirements, strict security measures, and a monotonous daily schedule”. In consequences of prison life, inmates go through some constraints on freedom., which are imposed against their will.[5] Prisons are defined in the Prisons Act of 1894[6] as "any prison or place used permanently or temporarily under general or special orders of the state government for the detention of prisoners, including all lands and buildings," but not "any place for the confinement of prisoners who are exclusively in the custody of the police.”

Pre-trial detainees, under-trial detainees, convicted detainees, and pre-trial detainees are the three types of inmates. Pre-trial detainees are those who have been arrested and are being held in state custody for the purpose of interrogation and investigation based on the FIR or evidence discovered during the inquiry. They are only in state custody for a short amount of time. And under trial prisoners are those in judicial custody, i.e., in jail, awaiting a trial in their case. Their charge document may have been created by the police or by the judiciary. Convicted inmates, on the other hand, are those who have been found guilty of a specific crime that they committed after going through the legal system. They are sentenced to jail by the relevant court as a punitive action.

Rights of Prisoners in India

Number of rights are available to the prisoners in India, which are as follows:

1.     According to the Article 21 of the Constitution[7] which talks about the preservation of personal liberty and, as a result, prohibits brutal, violent, or degrading treatment of anybody, native or outsider. Any breach of this right is punishable under Article 14 of the Constitution[8], which warrantees equality and equal protection as per the law.

2.     The Prison Act of 1894 especially give heed to the issue of prisoner abuse.

3.     Right to legal aid: whenever any prisoner condemned to imprisonment is not capable to implementing his or her constitutional and statutory right of appeal due to a lack of legal representation, the judicial process has an implied right of appeal as per the Article 142 when it is read with Article 21 and 39-A[9] of the Constitution, which ability to appoint a council for such an  person in custody to ensure complete justice.

4.     Right to speedy Trial: A prisoner's basic right to a speedy trial is set down in Article 21 of the Constitution.

5.     Right to Reasonable Wages in Prison: Any person who has been  solicited an offer to labour or service by the state is entitled to remuneration that is not less than the minimum wage.

Concerns about India's Prison Reform

Even though India is a developed country, it still has issues with its prison system, such as the fact that 80 percent of convicts are on trial, resulting in congestion in jails and inefficient prison systems. Today's crimes are on the rise, which means that convicts of crime are on the rise as well, and jails appear to be running out of space. As a result, sufficient care and attention to each prisoner is unable to be supplied. Despite the fact that bail is granted, inmates are not released. Many prisons do not release convicts even after they have been granted bail, which has to be changed.

The attitude of the prison officials is lacking or inadequate. The jail officials are not acting in a constructive manner when it comes to their responsibilities towards the inmates. Furthermore, they have a callous and insensitive attitude toward inmates, as seen by their insensitive attitude toward convicts, who do not feel secure in the jails. In truth, certain authorities act inhumanely toward the prisoners, who suffer from both mental and physical ailments. Furthermore, some jail officials do not follow the court's penalty guidelines, which is a source of worry in the prison reform system. Because some convicts are subjected to harsher punishment what they deserve, they suffer significant losses, including financial losses. There is also a shortage of competent legal assistance, and both inmates and jail officials are frequently unaware of their rights and responsibilities. Furthermore, they are required to pay a large sum of surety, which destitute offenders cannot afford. Indigent convicts do not have dwellings, therefore surety bonds are rejected owing to a lack of funds or verification of addresses.

Prison Reforms In India

Historical Aspect

Prison Reforms – Prior Independence

TB Macaulay founded India's current prison system in 1835. In the year 1836, The Prison Discipline Committee has been established and its report was delivered in 1838. This group upholder harsher punishment for inmates whereas, disregarding any philanthropist demands or modifications. The Macaulay Panel suggested that Central Prisons be established between 1836 and 1838. In consequence, India's existing prison system is a vestige of British rule. In the year 1864,  The 1836 committee's suggestions were repeated by a commission of inquiry into jail governance and regulation,  but added provisions for prisoner accommodation, nutrition, and medical treatment. The Committee of Indian Jail Reforms, chaired by Sir Alexender Cardio, was formed in the year of 1919 to 1920 to suggest jail reform measures. The committee of prison also proposed that, with respect to the prison reform, each prison’s maximum intake capacity be established, based on its shape and size. In 1946, a committee called the Jail Reform Committee was formed to create jails. This committee recommended that small children offenders be treated differently, that modern jails be built, and that offenders be classified as women offenders, continuous offenders, and handicapped wrongdoer.

Prison Reforms – After independence

After declaring independence, efforts to rehabilitate prisons escalated. As a result, the transportation term was replaced with life imprisonment in 1956. The Pakawasha Committee approved the employment of detainees to build roads in 1949 and ordered that money be supplied. Subsequent to that, in the year 1951, prison reform (Technical Expert) proposed by Dr. W.C. Reckless. Based on Dr. W.C. Reckless' proposals, a committee was formed in 1957 to prepare an All India Jail Manual. The Indian Government established the Committee of All India Jail Handbook in 1857 to create a standard jail guidebook. In the year 1960, the committee submitted its report. The panel was tasked with looking at the difficulties with jail management and making recommendations for changes that may be implemented throughout India. In 1980-83, the Indian government established the All India Committee on Jail Reforms, which was directed by Justice Anand Narain Mulla. The committee's main goal was to examine the laws, rules, and regulations. The Juvenile Justice Act of 1986 established observation homes, special homes, and juvenile homes as places where mistreated adolescents and juvenile delinquents might be treated instead of being imprisoned. The Indian government established the Justice Krishna Iyer Committee in 1987 to investigate the issue of women prisoners in India.[10] In the year 1977, The Apex Court, in its leading decision of the case  Ramamurthy v. State of Karnataka[11]  observed that overcrowding, trial delays, torture and poor treatment are among the nine primary issues that must be addressed immediately in order to execute prison reforms. Health and hygiene are neglected. Food shortages and poor clothes Communication and management issues in open prisons.

Prison and Prison Laws in India

Under List II of scheduled seventh which is there in the constitution of India, the inclusion of prison is the concern of the State List. The Prisoners Act of 1894 oversees prison administration and management, which is primarily the responsibility of state administration. In consequences, states have the authority to alter present jail laws, rules, and regulations. The Indian Penal Code, 1860, The Constitution of India, 1950, The Prisons Act, 1894, The Prisons Act, 1900, and The Prisoners Act, 1955, The Representation of People Act, 1951 are the most important statutes in India's prison laws. The Juvenile Justice (Care and Protection) Act of 2000, The Probation of Offenders Act of 1958, the CrPC of 1973, The Repatriation of Prisoners Act of 2003, and the Model Prison Manual of 2016 are some of the laws that apply to probationers.

Landmark Judgements related to prison reforms

With the help of Case Laws, the Indian judicial system has carried out a key role in the direction of convicts and simultaneously ensuring the safety and safe keeping of persons in custody or inmates.In the case of Sunil Batra v. Delhi Administration[12], the Supreme court held that all basic rights that are commensurate with their detention are guaranteed to inmates. The Supreme Court, emphasised the need of humane treatment of inmates and the safeguarding of their basic human rights in Sunil Batra II[13], observed that "Fundamental rights do not leave the person when he enters the jail, even if confinement causes them to decrease." "Infliction may take numerous protean forms other from physical attacks," the Apex court observed, “outlining the substantive and procedural rights of that the convicts are entitled. Relocation to a remote prison where visits or the companionship of friends or family may be restricted, assignment of degrading labour, assignment to a desperate or tough gang, and other punitive measures may be imposed. Every such connection or limitation is an insult to liberty or life in general, and it cannot be supported.”

In the other renowned judgement of D. K. Basu v. State of West Bengal[14], It has been decided that “the arrest information must be sent to the accused's friend or relative as soon as possible once he is apprehended.” The goal is clear: by receiving this message, relatives or friends of the accused can begin efforts to learn the facts about the accused, receive legal counsel, mount a defence against a motion for remand, and prepare for bail. As per the case of Rudal Shah v. State of Bihar[15], it has been  decided that if a prisoner's trial results in an acquittal, the prisoner is entitled to immediate release as a matter of right. He cannot be confined within prison walls after an acquittal decision.

Similarly in Sanjay Suri v. Delhi Administration[16], For the interest of humanity, the Supreme Court ruled that prison officials should adjust their attitudes toward convicts and preserve their human rights. In Sheela Barse v. State of Maharashtra[17], in response to The Supreme Court ordered in a case alleging custodial mistreatment of women in prison that those powerless and vulnerable victims of prison injustice be supplied with legal representation free of charge cost to the state and be guarded from torture and maltreatment. The court also determined that, because correct information cannot be obtained otherwise, prisoner interviews are essential, but even that such access must be supretendted and observed. In Dharambir v. State of U.P[18], The court ordered the administration to authorize kinsfolk to see detainees and inmates to visit relatives under guarded circumstances at least once a year.

In Re Inhuman Conditions in 1382 Prisoners, according to the Article 32 of the Indian Constitution, the petitioner filled before the higher authority of India to look into the condition of jail reforms in India and, if required, to give prison reform directives Prisoners are no less human than everyone else and must be handled with respect. On March 14, 2016, the Supreme Court of India made a landmark decision on Indian detainees' legal and constitutional rights, particularly those on trial The Model Prison Manual 2016 follows the court's orders by establishing an beneath the try-out committee of review which is composed of the Secretary, the district judge as chairperson, the district service legal authority, the district magistrate, and the higher authority of police.

Suggestions

There is a reason for the many forms of punishment.[19] The purpose of jail is to reform and rehabilitate inmates so that they can live normal lives after their release, therefore it is critical to examine the current technique of imprisonment. The jail system can be reformed if the judiciary, prison administration, police, and non-governmental organisations (NGOs) and the community work together. If the many proposals for prison reform are followed, the jail reform system will be better implemented. These suggestions are as follow:

1.     To meet the needs of the moment, the Prison Act of 1894 should be abolished and replaced with a new Act.

2.     It was discovered that the wages obtained by prisoners for their work were not distributed evenly. There should be a policy in place to ensure that their earnings are consistent.

3.     The state government should fill all empty administrative positions as well as jail employees.

4.     Women convicts and their wards should be considered while building new prisons.

5.     The greatest alternative to prison may be an open prison system.

6.     Increasing the number of prisons to alleviate the overcrowding problem. Under-Trials have their own jail cell. If the number of jails is raised, the problem of overcrowding will be eliminated, allowing adequate care and discipline for all of the convicts to be applied. Under-Trials have their own jail cell.

7.     Improving hygienic conditions. Regular monitoring of doctor's attendance-Sanitary conditions in prisons should be addressed so that inmates may live in a clean and healthy environment. In addition, a doctor should visit the detainees on a regular basis for routine medical examinations.

8.     Prisoners should have a right to best attainable standard quality of health should also apply to prison heath conditions and health care.

9.     Employment after release, offering training in various professions such as carpentry and fabric painting-In prisons, convicts should be given certain training sessions so that they may find decent employment following their release. By providing employment, the prisoner's family would not suffer financial hardship following his or her release, as finding work soon after release would be extremely difficult.

10.   Improvements in jail education standards-Jail education standards should be improved so that even inmates can be educated and jail officials will have no trouble explaining their rights and responsibilities to them. As the goal of the prison is reform and rehabilitation, inmates should be included in the Sarv Sikhsha Abhiyan and other government welfare programmes.

11.   To preserve uniformity in jails across the country, a common jail handbook should be established.

12.   The role of the media: Regular inspections by the media and press to investigate the conditions of detainees should be made, and these findings should be disseminated, as well as the misery of prisoners.

13.   Institutional Publication: Every penal system should have some form of institutional publication where convicts can freely express themselves.

14.   Frequent jail officials' transfers: Jail officials should be transferred on a regular basis so that they do not become involved in corrupt or torturous actions.

15.   Bail provisions should be strictly enforced: The provision of no bail in jail should be followed to the letter.

16.   In the case of a fine default, the individual who is unable to pay the fine should be permitted to pay it in installments.

17.   Effective legal service: Effective legal service should be offered to convicts in all jails to assist them with legal issues.

18.   Pregnant women in prison: Pregnant women in prison should be given extra attention. The government should appoint female doctors as regular personnel in jails.

19.   Judicial surveillance: Each District Judge should be assigned the task of visiting each jail in his jurisdiction. This would put a stop to the different activities that occur in prisons, as well as aid to reduce the threat of jail corruption.

Across India there are Five Prisons that Focuses on offender’s Rehabilitation [20]

In many cases, the standard of living and the environment in an Indian prison is unpleasant, with small amount of ray of hope for a good future. This is something that these jails hope to improve. An Indian prisoner's life might be terrible, especially if they are destitute. Not enough infrastructure, not good living state (including normal cleanliness, sanitation, and food), and the horrific abuse that  has been faced by convicts from both their fellow inmates and jail authorities all contribute to problems. There are just a few jails in the country that promote activities within the prisons to improve the lives of the inmates.The prisons which do so are as follows:-

Taloja Jail, Navi Mumbai

This jail allows offenders to devote time with family and other loved ones on being separated by a glass or any other barrier. Children under the age of 16 can see their parents, while those under the age of 16 must be accompanied by a relative.

Poogapura Central Prison, Thiruvanthapuram

Poogapura Central Prison offers a variety of training programmes for offenders, including self-employment training, computer foundation training, paper bag making, beautician training, screen painting, and travel and tourist courses. The Central Prison in Kannaur, Kerala, created a beauty salon specifically for males named Phoenix Freedom Expressigns in a unique endeavour. For the convicts in these jails, various training programmes are organised so that they can acquire new methods as the contemporary period progresses.

Tihar Jail, New Delhi

In Tihar Jail, convicts manage a tiny automated manufacturing plant that provides them with the required skills for future career chances. This prison also has a public cafeteria where the cuisine is prepared and served by inmates. Bakery items, The convicts advertise handloom and textiles, pure mustard oil, garments, handmade paper goods which are recycled, paintings, furniture, designer candles and, and many other stuff. Females convicts make and sell cookies, various kind of pickles, different kinds of chips, and costumes.

Balasore District Jail, Odisha

Organic farming is being introduced in this jail so that offenders may earn money while also they are gaining skills that they can apply in the real world.

1. Paridhi Verma, “Rights of Prisoners under Indian Law”, Acclaims, Volume 2, July 2018 2. Parag Agarwal, A Study on the Prison Reform in India by Highlighting the Challenges Faced, Available at < https://www.jusdicere.in/a-study-on-the-prison-reform-in-india-by-highlighting-the-challenges-faced/> last accessed on 20th April, 2022 3. Rishabh Bhargava , “A Critical Study of Prison Reforms in India”, ISSN 2581-5504 , Volume 2, July 2018, Available at last accessed on 20th April, 2022 4. Ibid. 5. C. Saravanan, Prison Reformation as Need for the Hour, International Journal of Creative Research thoughts (IJCRT),, Issue 7, Volume 9, July 2021 6. Section 3 of the Prison Act of 1894 7. “Protection of life and personal liberty. No person shall be deprived of his life or personal liberty except according to procedure established by law.” 8. Article 14 of the Constitution of India states: “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.” 9. “That all the citizens irrespective of their sex whether men or women shall equally have the right to adequate means of livelihood. [Article 39(a) of the Indian Constitution] That the resources and the ownership of those resources and materials shall be distributed in such a way that it fulfils the common goal’” 10. Supra note 3. 11. AIR (1997) 2 SCC 642 12. AIR (1978) SC1675 13. AIR (1983) 3 SCC 488 14. AIR 1997 SC 610 15. AIR (1983) SC 1086 16. AIR (1988) Cr LJ 705 (SC) 17. AIR (1983) SC 378 18. AIR (2010) 5 SCC 344 19. Jai Mala and Anil Kumar Thakur, Prison Reforms in India: Socio-Legal Challenges, Innovation the research Concept, ISSN: 2456–5474, September 2020, Available at last accessed on 23rd April, 2022 20. Available at last accessed on 24th April, 2022 21. Prison Reforms Research Paper, Available at last accessed on 25th April, 2022 22. Available at last accessed on 25th April, 2022 23. Available at last accessed on 25th April, 2022