Prisons in India

Prison and their administration is a State Subject covered by item number 4 under the State List of seventh schedule of Indian Constitution. State government has exclusively power related to the management and administration of prison.

It is governed by the Prison Act, 1894 and the prison manuals of the respective state governments. The state has primary role and responsibility and authority to change the current prison laws, rules and regulations.

Challenges

  • Overcrowding
  • Rising Undertrials
  • Mistreatment and Torture
  • Shortage of Staff
  • Poor Hygiene
  • Social Issues
  • Psychological Issues

Judicial Interpretation

The Higher Judiciary has played a significant role in ensuring safety and security of the inmates and the people in custody.

  • Sunil Batra vs. Delhi Administration (1978): The Supreme Court held that prisoners are entitled to all fundamental rights which are consistent with their incarceration.
  • Rudal Shah vs. State of Bihar (1983): It was held that, if the trial against a prisoner concludes into acquittal the prisoner is entitled as a matter of right to be released forthwith. After an order of acquittal, the person cannot be detained behind the prison walls.
  • Sheela Barse vs. State of Maharashtra (1983): The SC on a complaint of custodial violence to women prisoners in jails directed that those helpless victims of prison injustice should be provided legal assistance at the state cost and protected against torture and maltreatment.

Recommendation of Notable Committees

Justice Mulla Committee (1983)

  • All India cadre for prison staff and bringing prison under the concurrent list;
  • Government should form a National Policy on Prisons;
  • Government to use alternatives to imprisonment such as community service, etc.

Justice V. R. Krishna Iyer Committee on Women Prisoners (1987)

  • Separate institutions with women employees alone for women offenders;
  • Necessary provisions to restore the dignity of women even if convicted.

Committee under the Chairmanship of Director General, Bureau of Police Research and Development (BPR&D) (2005)

  • It used the reports of Justice Mulla Committee Report and Justice Krishna Iyer Committee and made several additional and new recommendations.
  • It also drafted a National Policy on Prison Reforms and Correctional Administration, 2007.

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