This article is written by of Khushi Kumari, Indore Institute of Law, an intern under Legal Vidhiya
ABSTRACT
This study offers a thorough examination of India’s prison system from antiquity to the years following independence. The paper examines the development of punitive measures and imprisonment techniques while tracing the origins of jail practices in ancient India. It investigates how British colonial rule affected forming the penal system, emphasizing both its early support of imperial aims and later reform initiatives during the pre- and post-independence periods. Examined are the effects of overpopulation, including living circumstances, access to healthcare, and the effectiveness of rehabilitation. The study finds viable alternatives within India’s sociocultural framework by assessing current policy attempts and global standards. This study promotes systemic changes that give human rights, equity, and successful rehabilitation first priority within the Indian criminal justice system by providing a thorough grasp of the historical development and current issues. The article aims
to examine the historical development of Indian jails, from prehistoric customs to the present, and then critically examine the difficulties the Indian prison system has encountered throughout the years. It is crucial to investigate how Indian prisons have changed over time. It enables us to trace the origins of the current prison system, which has been influenced by colonial influences, post-independence changes, and indigenous customs. The results highlight the necessity of tackling overcrowding for a more just and compassionate legal system and make a substantial contribution to the current conversations on prison reform.
Keywords
Prison, British colonial, legal system, post-independence
INTRODUCTION
One definition of a jail is a place where people are held pending trial or imprisoned as a kind of punishment following a conviction. The word “prison” may represent different things to different people. The stable judicial system views it as the last resort for criminals. It may be an unavoidable risk or a disguised one for the criminal. humiliation. For those who are socially marginalized, it acts as a sanctuary. For some lonely people, it can be the only place they can find any sort of acceptance.
The researcher will investigate the Indian prison system, going through several historical periods that have influenced its development. Starting with ancient India, the study will look into the common forms of punishment, prioritizing fines and restitution above incarceration as a means of dealing with offenses. In order to demonstrate how the method to incarceration evolved during the medieval era, the researcher will follow the development of crude confinement facilities under several ruling dynasties.
The focus of the study changes considerably during the British colonial era, when the investigator will examine the methodical construction of prisons. During this time, European paradigms that prioritized punitive incarceration replaced indigenous customs. With rehabilitation and human rights as guiding principles, the study will examine post-independence attempts to improve the colonial jail system
PRISON REFORMS IN INDIA
Historical Aspect
Pre-independence prison reforms
In India, TB Macaulay created the current prison system in 1835. In 1838, the Prison Discipline Committee 1836, which had been constituted, submitted its report.
This committee rejected all improvements and humanitarian demands for the inmates but advocated for more stringent treatment. In 1846, Central Prisons were built based on the Macaulay Committee’s recommendation from 1836–1838. India’s current prison system is therefore a holdover from British domination.
Sir Alexender Cardio led the Indian Jail Reforms committee 1919–20, which was established to recommend policies for prison reform. The jail committee also suggested that, as part of prison reform, each jail’s maximum intake capacity be set, taking into account its size and shape.
In order to create the jails, a Jail Reform Committee, 1946 was established in 1946.
This group recommended that juvenile criminals be treated differently, that new jails be built, and that offenders be categorized as women, habitual offenders, or people with disabilities.
The work on jail reform accelerated after India gained its independence. Therefore, in 1956, life in prison was used as a substitute for the sentence of transportation.
The Pakawasha committee approved using inmates to build roads in 1949, with wages to be paid for their labor. Dr. W.C. Reckless, a technical expert, then made a recommendation for jail improvements in 1951. Later, in 1957, the group was tasked with creating an All India Jail Manual based on Dr. W.C. Reckless’ recommendations.
Restructuring prisons after independence
After India gained its independence, efforts to rehabilitate its jails accelerated. Therefore, in 1956, life in jail was used as a substitute for transportation as a penalty.
A Pakawasha committee authorized the use of inmates in 1949 to build roads, with wages to be paid for their labor. A technical expert named Dr. W.C. Reckless then made a recommendation for jail improvements in 1951. Following Dr. W.C. Reckless’ recommendations, the committee was later established in 1957 to draft an All-India Jail Manual.
In 1857, the All India Jail Manual Committee was established by the Indian government to draft a model jail handbook. In 1960, the committee turned in its report. The group was requested to look at the issues with prison management and offer recommendations for changes that may be implemented consistently across India.
The Juvenile Justice Act of 1986 established observation homes, special homes, and juvenile homes, which allow neglected children and juvenile offenders to be accepted and prevent them from being housed in prisons.The Justice Krishna Iyer Committee was established by the Indian government in 1987 to conduct research on the plight of women inmates in India.
CHANGES IN THE MANAGEMENT OF PRISON SERVICES
Although the current jail system is in significantly better shape than it was in the past, considerable work has to be done to improve it so that inmates are treated humanely.
To increase the effectiveness of these facilities, the following changes to jail management can be recommended.
The criminals should only be imprisoned for as long as is absolutely required for their detention. Eliminating long-term sentences would ease the financial strain on prisons
When it comes to criminals who are awaiting trial, the women inmates ought to be more lenient and be permitted to see their sons and daughters more often. It will help them stay mentally healthy. Only female police officers or prison officials should deal with female offenders, and the concept of creating separate female-only prisons should be implemented.
It is best to keep first offenders, minors, and those undergoing trials apart. It is also necessary to keep the juvenile offenders apart from the grownups.
It is necessary to classify inmates scientifically according to their age, sex, character, and the type of crime they committed.
To enable them to take care of their crops, prisoners from the peasant class should be given the chance to visit their farms during harvest season on a temporary leave of absence.
Even though inmates are permitted to see their close relatives at predetermined times, they nevertheless need to be given some privacy during these encounters. There should be no restrictions placed on the inmates’ ability to interact with friends, family, and legal counsel.
The Supreme Court has expressed strong concern in recent decades for the rights of prisoners to justice and equitable treatment, and it has mandated that prison officials take action to ensure that inmates’ fundamental rights are upheld and that they are not exposed to harassment or inhumane living conditions.
Training in embroidery, dollmaking, tailoring, and other skills should be offered to female inmates. Well-educated inmates ought to be employed in both manual and mental productive labour rather than being subjected to harsh confinement.
Ramamurthy v. State of Karnataka (1997) 2 SCC 642, a seminal ruling of the Supreme Court
This instance revealed nine significant issues that required prompt implementation.
1.Correctional changes, 2. Overcrowding,3. trial delays, 4. torture, 5. mistreatment, 6. disregard for one’s health and hygiene, 7. inadequate clothing and food, 8. poor communication, and 9. administration of open prisons are some of the issues that may arise.
India’s Prisons and Prison Laws
According to List II of the VIIth schedule of the Indian Constitution, prisons are a state subject. The Prisoners Act of 1894 governs prison management and administration, which is solely the responsibility of state governments. Consequently, the states possess the authority to modify the existing prison laws, rules, and regulations.
i) The Indian Penal Code, 1860 ii) The Prisons Act, 1894 iii) The Prisons Act, 1900 iv)The Identification of Prisoners Act, 1920 v) The constitution of India, 1950 vi)The Transfer of Prisoners Act, 1950 vii) The Representation of People Act, 1951 viii) The Prisoners (Attendance in courts) Act, 1955 ix) The Probation of Offenders Act, 1958 x) The Code of Criminal Procedure, 1973
TRENDS IN JUDICIAL
With the aid of deciding case laws, the Indian judicial system has significantly contributed to the guidance of convicts as well as to the protection and security of those detained or incarcerated.
D. K. Basu v. State of West Bengal 50 AIR 1997 SC 610
According to the ruling, the accused’s friend or family must be informed of his arrest as soon as possible. This letter has the very clear goal of enabling the accused’s friends or family to begin gathering information about the accused, obtaining legal counsel, defending against a remand application, and completing the required bail preparations.
Rudal Shah V. State of Bihar, 1983 AIR 1086
It was decided that a prisoner has the basic right to be released immediately if their trial results in an acquittal. He cannot be held behind prison walls after an acquittal order.
Sanjay Suri v. Delhi Administration (1988) Cr LJ 705 (SC)
For the benefit of mankind, the Apex Court ruled that prison officials ought to adopt a different perspective on prisoners and defend their human rights.
Sunil Batra v. Delhi Administration AIR 1978 SC1675
According to the ruling of the Supreme Court, prisoners are entitled to all fundamental rights that are compatible with their confinement.
The Supreme Court noted in Sunil Batra II (1983) 3 SCC 488 that “fundamental rights do not flee the person as he enters the prison although they may suffer shrinkage necessitated by incarceration,” highlighting the importance of treating prisoners humanely and protecting their fundamental human rights. The Supreme Court stated, “Infliction may take many protean forms apart from physical assaults,” outlining the substantive and procedural rights to which the convicts are entitled. Punitive measures may include forcing the inmate into a solitary cell, denying him access to essential amenities, and—more horrifyingly—moving him to a far-off prison where friends or family may not be allowed to visit, assigning him to a tough or desperate gang, or employing him in degrading labor. Any such association or infringement is unsustainable and constitutes a violation of liberty or life in its broader meaning.
CONCLUSION
Finally, it should be noted that the prison system has assigned a mission to reform the inmates and reintegrate them into society. In addition to sufficient labor, vocational training, and basic educational facilities, an ideal prison should also have recreational and medical amenities.
Prison reforms in India were a necessary reaction to the harshest treatment that political prisoners endured while incarcerated, not a product of the social movement.
In the past, the Indian judiciary has been instrumental in improving the jail system, and it is hoped that the rulings made by the Supreme Court in this particular case will also aid in mitigating some of the current issues within the prison system. Therefore, it can be concluded that it is both the start of a lengthy trip and a minor step toward improved administration and management of the jail system.
Because prison buildings are not the only thing that has to be modified, the activities that take place inside them also need to be examined, and in addition to enhancing inmate amenities, the focus of this study must be on the human rights of inmates.
REFERENCES
- Prof. N.V. Paranjape: Criminology & Penology with Victimology, Central Law Publications, Allahabad, Fifteenth Edition Reprinted 2012
- www.indiankanoon.org, Special Research on Cases
- www.grkarelawlibrary.yolasite.com, Special Research on Historical Aspect of Prison Reforms in India as well as Prison Laws in India
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