The research paper titled “A Critical Study of Prison Reforms in India” by Rishabh Bhargava BA LLB, Indore Institute of Law, is a good introduction to the topic. The article briefly goes through the historical background of prison reforms in the country, the different types of prisoners, the current prison laws in the nation and also provides suggestions as to how the prison system can be improved.

Another paper on the subject which highlights the absence of the rehabilitation approach in the current prison system is titled “PRISON REFORMS IN INDIA: ABSENCE OF A REHABILITATION APPROACH” by Aryan Singh, Jindal Global Law School, O.P. Jindal University. The article highlights the importance of prison reforms and why they are necessary, the prison reforms that have happened in the past, the prison laws in the country and the techniques which can be used to initiate the prison reforms in the country.

The research article titled “Indian Prison System: Structure, Problem and Reforms” by Dr. Priya Rao, Assistant Professor, SoS in Law, Pt. R.S.U., Raipur, gives an introduction about the types of prisons in the country, goes through the problems faced by the prisoners and at the end suggests reforms that can be initiated for the betterment of the prison system in the country.

Major issues faced by Prisoners in India

1. Overcrowding- One of the biggest issues faced by inmates in Indian prisons is the issues of overcrowding. The number of prisoners in the country far exceeds the capacity of these prisons, the national prison occupancy in the year stood at a staggering 130 percent. In fact there are six states in the country which have prison occupancy over 150 percent. This leads to an acute shortage of food, space and other basic amenities making the conditions in the prisons a lot worse than they should be.

2. Unsatisfactory living conditions- The living conditions in the Indian prisons are from ideal and leaves a lot to be improved. Many prisons in India have poor living conditions, with prisoners often living in cramped, unhygienic, and poorly ventilated cells. Access to even the basic amenities like clean water, toilets, and medical care is also limited and isn’t easily accessible.

3. Staff Shortage and Inadequate Training- Prisons in the country have a sanctioned strength of over 49 thousand out of which only 40 thousand are filled. The number of prisoners in the country for every one prison staff is seven, compared to two prison staff for every three prisoners in the U.K. The staff at the prison also lacks proper training and even adequate pay and the cases of bribery in the prisons isn’t rare either.

4. Discriminatory Treatment of Prisoners- Prison is supposed to be a place where every single person would be treated irrespective of his/her identity or status, it is supposed to be a leveller. But on the contrary, the reports provided by several human rights organisations state that in Indian prisons, equal treatment is a rarity and that a rigid class system exists inside the prisons where a handful of people are accorded special privileges.

5. Lack of Quality Prison Programs- Prisons are supposed to be a place which rehabilitate the criminals and during their rehabilitation provide them with a way to spend their lives in a meaningful manner. Prison programs help in achieving the aforementioned goal, but the number and the quality of programs in the Indian prisons is nowhere close to where it should ideally be. There is hardly any prison in the country which provides any sort of daily structured routine, pre-release guidance or any vocational training so that the prisoners can spend their life in a meaningful manner after getting out of the prison.

6. Poor Healthcare for Inmates- The medical care provided to inmates in Indian prisons is nowhere near to what it should be. The country does not even spend a hundred rupees a day on a prisoner, this is nowhere close to even the lowest number of the United States which is above three thousand five hundred rupees a day, this makes it impossible to provide the prisoner with any kind of quality healthcare.

7.  Inadequate Legal Aid- Many prisoners in India are unable to access legal aid due to financial constraints or a lack of knowledge about their legal rights. This often results in prolonged detention and denial of justice, which is evident by the fact that a very large number of prisoners in the country have not been tried. The lack of good and efficient lawyers in the legal aid panels is also a major concern.

8. Violence and abuse- Violence and abuse by fellow prisoners and prison staff is a major issue in Indian prisons. Prisoners are often subjected to physical and psychological abuse, including torture and harassment. In a number of prisons in the country abuse and unwarranted beatings is a part and parcel of the prison life.

Desired Prison Reforms

Prisons are supposed to be a reformative institution and must help in rehabilitating the prisoners. This job would be achieved in much more efficient manner if some reforms are introduced in the current prison system of the country. Major prison reforms required in the country are the following-:

9. Addressing overcrowding- The government needs to take immediate steps to address the issue of overcrowding by increasing the capacity of existing prisons and building new ones. The use of alternative sentencing options like community service and probation can also possibly help reduce overcrowding.

10. Improving living conditions- The living conditions in prisons need to be improved by ensuring access to basic amenities such as clean water, sanitation, and medical care. The government should also invest in infrastructure and technology to improve the overall quality of life for prisoners.

11. Providing legal aid- The government should ensure that all prisoners have access to legal aid and representation, regardless of their financial status or background. This will help reduce the number of wrongful convictions and ensure that justice is served.

12. Preventing violence and abuse- The government needs to take measures to prevent violence and abuse in prisons by improving the training and accountability of prison staff and introducing mechanisms to monitor and report incidents of abuse.

13. Improving healthcare- Healthcare facilities in prisons need to be improved by increasing the number of medical staff, providing necessary equipment and medicines, and establishing mental health facilities. The overall spending on prisoners also needs to increased to provide them with better healthcare as well as other facilities.

14. Promoting rehabilitation- The prison system should focus on rehabilitation and reintegration of prisoners into society by providing vocational training, education, and counselling services. The government should also collaborate with NGOs and other organizations to provide support to prisoners after their release.

15. Ensuring transparency and accountability- The government should ensure that there is transparency and accountability in the prison system by establishing an independent oversight body to monitor the functioning of prisons and investigate incidents of abuse or misconduct.

16. Meaningful Prison Programs- The government must initiate prison programs which are meaningful and provide the prisoners with a structured way of living and some sort of vocational training so that they can live a meaningful life as and when they are released from prison.