Prison

Prison is a system designed by democratic law for custody, possession and entailing for the protection of convicts, undertrials and accuse, till the time trial continues and end towards the punishment granted by Judicial body. The institution of punishment encompasses Prisonization as one of its systems. At times, where prison is the ultimate consequence, the offence can be both civil and criminal in nature. In more simpler terms, prison is a secluded place specifically designed for a particular set of people who commit criminal activities in society which are deemed to be against the prevailing law and order of that place; as per the grundnorms of that particular nation, where the crime took place.

Official Definition

As per 7th schedule of the constitution of India, prison and its administration are under the state subject, which further covers the 4 items under the State list.

Model Prisons and Correctional Services Act, 2023

Section 2(23) of Model Prisons and Correctional Services Act, 2023 defines Prison as

“prison” means any jail or place used permanently or temporarily under the general or special orders of a Government for the detention of prisoners, and includes all lands and buildings appurtenant thereto, but does not include—

(a) any place for the confinement of prisoners who are exclusively in the custody of the police;

(b) any place specially appointed by the Government under Section 417 of the Code of Criminal Procedure, 1973 (2 of 1974); or

(c) any place which has been declared by the State Government, by general or special order, to be a subsidiary jail;

Prison and its administration is a State Subject as it is listed in List II in Schedule VII of the Constitution of India. Prison Establishments in different States/UTs comprise several tiers of jails. The Prison Rules promulgated by the state government broadly classifies prison under the following heads-

1. Central Jail
2. Sub-Jails/ Sub-Jails-cum-Judicial Lock-ups/ Judicial Lock-ups.
3. Special Prison.
4. Civil Jail.
5. Women Jail.

Legal Provisions as discussed in Model Prison Manual

Legal Aid

The manual introduced several key revisions to ensure basic uniformity in the administration of prisons and the management of prisoners across India. One significant addition was the establishment of legal aid clinics in every prison, as outlined in Chapter XVI of the manual. This chapter emphasises the constitutional mandate of Article 39A, which calls for free legal aid to the poor and weaker sections of society to ensure justice for all.

The provisions under this new chapter include:

• Appointment of jail visiting advocates
• Setting up of a legal aid clinic in every prison
• Conducting legal literacy classes in prisons
• Constitution of under-trial review committees
• Ensuring legal services for under-trial prisoners who have served half of the maximum sentence for their offence

These measures aim to provide prisoners with access to legal representation and to educate them about their legal rights, contributing to the fair administration of justice.

Monitoring Committee

The manual outlines the role of the Monitoring Committee as a crucial component in the prison administration system. The committee is responsible for overseeing the implementation of the manual’s guidelines and ensuring that the rights and welfare of prisoners are protected. It acts as a supervisory body to monitor the conditions within prisons and the treatment of inmates, ensuring compliance with the prescribed standards.

The Monitoring Committee’s responsibilities include:

• Regular inspections of prisons
• Reviewing the treatment of prisoners
• Ensuring that the living conditions in prisons meet the required standards
• Overseeing the rehabilitation and reformation programs
• Addressing grievances of prisoners
• Ensuring that legal aid provisions are accessible to all inmates

This committee plays a vital role in maintaining transparency and accountability in prison administration, contributing to the overall goal of reforming and rehabilitating offenders.

Other legislation relating to Prison

The state holds the power and duty to amend, restrict, change, and repeal the provisions of prison rules, regulations, and laws currently active in the country. Statutes which establish the ground for the regulation and management of prisons in the country are:

1. The Indian Penal Code, 1860.
2. The Prisons Act, 1894.
3. The Prisoners Act, 1900.
4. The Identification of Prisoners Act, 1920.
5. Constitution of India, 1950
6. The Transfer of Prisoners Act, 1950
7. The Representation of People Act, 1951.
8. The Prisoners (Attendance in Courts) Act, 1955.
9. The Probation of Offenders Act, 1958.
10. The Code of Criminal Procedure, 1973.
11. The Mental Health Act, 1987.
12. The Juvenile Justice (Care & Protection) Act, 2000.
13. The Repatriation of Prisoners Act, 2003.

Types of  Prisons:

The various type of Jail institutions which are in existence in the States/UTs are:

Central jails

Central Jails comprises of those prisoners who are sentenced to imprisonment for more than 2 years. They are meant for lifers and for people who commit heinous crimes. In this type of prison, effort is made to restore the morality and integrity of a person. The criminals earn their wages in these types of jails. Central jails have a larger capacity of providing accommodation to prisoners in comparison to other jails.

District jails

There is not much difference between the district jails and the central jails. District jails serve as main jails in those states and Union Territories of India where there are no central jails.

Sub jails

Sub Jails in India play the role of sub-divisional level jails in India. As they are at a lower formation, they have a better and well-organised prison set-up. There are 9 states which have a higher number of sub-jails in comparison to other states in India.Borstal Schools:

Borstal School

Borstal schools are youth reformation centres in India, where delinquent minors are managed with a special focus on their rehabilitation. These schools are unlike the prison system, as well as different from observation homes. Although observation homes perform similar functions, they may be government-regulated or privately-owned.

Open Jails

An open prison can be understood to mean any penal establishment in which the prisoners serve their sentence with minimal supervision and perimeter security, and are not locked up in prison cells. The concept is based on principles of self-discipline and “trust begets trust” which, if managed properly, can reform the human resource. The philosophy on the basis of which the open prison exists is reflected in the two dictums of Sir Alexander Paterson. First, a man is sent to prison as punishment and not for punishment. Second, one cannot train a man for freedom unless conditions of his captivity and restraints are considerably relaxed.

The Model Prison Manual 2016 classifies open prison institutions in India into three types:

• Semi-Open Training Institutions
• Open Training Institutions/ Open Work Camps
• Open Colonies

These institutions are graded in the increasing order of liberty granted to inmates and their potential for reformation and reintegration into the society. All these institutions have a properly demarcated area beyond which inmates are not allowed to go.

Semi-Open Training Institutions are generally attached to the closed prisons just beyond the enclosed perimeter and are relatively more under security surveillance. Those prisoners who show reformation potential are made eligible for further transfer to open prisons and colonies.

Open Training Institutions/Work Camps are started in places where activities, like digging canals, water channels, construction of dams, roads, government buildings and prison buildings, projects of land reclamation, land development and bringing uncultivated land under cultivation, soil conservation and afforestation, can be organised.

Appearance in official Databases

National Crime Record Bureau: - The Prison statistics in India.

The NCRB every year Generates, the manual for Prison statistics in India, which contains a brief description of Prison management and Regulations.

It summarizes

1. Prison types and occupancy,
2. Demography and types of prisoners,
3. Segregation of prisoners as per their offences,
4. Sentences and Incarceration of prisoners,
5. Transfer, movement, inter-movement of prisoners,
6. The health index of prisoners and prison environment (includes Rehabilitation drives)
7. Jail Breaks, Escapes & Clashes/Group Clashes in Prisons
8. The prison authority, staff, and officers
9. Budget and Infrastructure

India Justice Report 2022: Ranking States on Police, Judiciary, Prisons and Legal Aid

The 3rd "India Justice Report 2022" examined data between 2020-2022, to study prison administration in India. The report ranks states based on parameters relating to diversity (women in prison staff) and prison occupancy, Undertrial inmates detained for 1-3 years, and Inmates (availing educational courses).

Indicator-wise data, state scores and ranks

Research that engages with 'Prison'

Inside Punjab Prisons

"Inside Punjab Prisons: A Study on Prison Conditions", a report published by Punjab SLSA in collaboration with Commonwealth Human Rights Initiative in 2022, sheds light on the prison conditions in Punjab. Based on the data collected over 4 years (2019-2022), the report revealed that 42.1% of inmates in Punjab jails are involved in NDPS Act cases. The number of overcrowded prisons in Punjab has risen from 10 in 2019 to 18–24. Further, urgent renovations are needed in at least 10 prisons, and 25% of staff positions are vacant. Out of 103 officers, only 3 are women in senior positions in Punjab prisons. At the time of admission, medical examinations were not conducted in 5 sub-jails, and medical officers failed to comply with procedures when reporting injuries sustained by prisoners during admission. Shockingly, 12% of the 660 prisoners interviewed alleged custodial violence within prisons. Additionally, 54% of those interviewed reported custodial violence during police custody. Inmates in 15 out of 24 prisons spoke of smuggling activities, while 12 out of 24 prisons alleged corruption. Issues related to the payment of wages and a shortage of budget for factories and manufacturing units were reported in 22 prisons. Women prisoners faced limited access to vocational training, legal aid clinics, hospitals, recreation, places of worship, libraries, and menstrual hygiene products. They also complained of caste-based discrimination.

The report highlights significant issues in the Punjab prison system, including overcrowding, a lack of staff, and gender disparity among officers. It also points out the need for better facilities and adherence to legal procedures for the welfare of inmates.

Inside Karnataka Prisons

"Inside Karnataka Prisons", a report published in 2022 by Karnataka SLSA and CHRI recording data over 2018–2022, sheds light on the systemic issues within prisons and captures the experiences and challenges of prisoners, prison staff, and legal aid functionaries. Regarding the physical infrastructure of most prisons in the state, the majority of them are aged structures. Out of the 51 prisons, only 18 were constructed after 2000. Due to their outdated designs, these prisons are inadequately equipped to meet new demands, such as video conferencing systems, legal aid clinics, and western toilets for elderly inmates. For transgender prisoners, the study found that only 4 of the visited prisons had dedicated barracks for them. Unfortunately, the vulnerabilities faced by the transgender community persist even within prisons.

To prevent individuals from getting lost within the prison system, the report highlights efforts to enhance connectivity between inmates, their families, and legal advisors. As of April 2022, a 'prison call system' has been implemented in district prisons, allowing prisoners to interact with their family members and legal advisors. Additionally, all central prisons now feature upgraded interview rooms with glass partitions and intercom phones on both sides.

Inside Haryana Prisons

"Inside Haryana Prisons", a report published by CHRI and Haryana SLSA in 2019, sheds light on the prison conditions in Haryana based on data collected between 2017 and 2018. The report highlighted several pressing issues faced by prisons in Haryana. Notably, 11 out of the 19 surveyed prisons were overcrowded, with overcrowding percentages ranging from 22.8% to 170%. The report also sheds light on the inadequate provision of essentials like oil, soap, and menstrual products. The study identified 48 foreign-national prisoners across 10 prisons who reported instances of racism and discrimination. Only 6 of them had been provided consular access, while five remained unrepresented by any lawyer. The report emphasized that the prisons were not lacking in infrastructural, food-related, or cleanliness standards. Instead, the primary issues stemmed from management and logistics challenges.

Looking Into the Haze: A Study on Prison Monitoring in India

"Looking Into the Haze: A Study on Prison Monitoring in India 2016" is a report published by CHRI that examines the state of prison oversight in India. It criticizes the ineffectiveness of Boards of Visitors, which are supposed to independently monitor prisons. It highlights the infrequency of visits and lack of scrutiny by these boards. The report paints a concerning picture of the Indian prison system, emphasizing the need for stronger independent monitoring to ensure the basic rights and well-being of prisoners.

Strangers to Justice: A Report on Foreigners in Indian Prisons

"Strangers to Justice: A Report on Foreigners in Indian Prisons," published by CHRI in 2019, focuses on the specific challenges faced by foreign nationals within the Indian prison system. It revealed that there were over 3,900 foreign nationals (FNPs) in Indian prisons as of January 2018. A significant portion, around 65%, came from Bangladesh. The report argues that FNPs face a unique set of challenges due to their foreign status. Communication difficulties, limited access to consular services, and a lack of understanding of the Indian legal system leave them particularly vulnerable. It sheds light on the plight of foreign nationals in Indian prisons and advocates for improved policies and practices to ensure they have effective access to justice and are treated humanely throughout their detention.

Circle of Justice: A National Report on Under Trial Review Committees

The “Circle of Justice: A National Report on Under Trial Review Committees (UTRCs)”, published by CHRI in 2016, is a critical examination of the UTRCs’ role in India, following the Supreme Court’s 2015 directive. It reveals that while UTRCs are established and operational, their effectiveness varies, with some districts showing good practices that could serve as models for others. However, the overall impact on the rights of undertrials is still uncertain, and the report calls for more consistent implementation to ensure that no individual is detained beyond the legally mandated period. The report underscores the urgency of addressing the chronic overcrowding in prisons and the need for regular reviews and legal aid for undertrials, aiming to strengthen the justice system’s accountability and protect individual liberties.

Understanding Open Prisons in India

The EPW article by Parikshit Goyal and Kamesh Vedula on open prisons in India advocates for a shift from the traditional punitive incarceration system to a more reformative and humane approach. It critiques the current closed prison system for its ineffectiveness and harsh conditions, which often fail to respect human dignity and rehabilitate offenders. The authors propose open prisons as a solution, highlighting their benefits in promoting rehabilitation through work opportunities, reduced restrictions, and the maintenance of family ties. They emphasize that open prisons can better align with the reformative theory of justice and constitutional rights, ultimately aiding in the successful reintegration of prisoners into society.