India’s prison system exemplifies severe issues, namely overcrowding, violation of human rights, and neglect of the prisoners’ welfare in prison. Despite judicial and policy intervention in the 1980s, the ground situation remains deplorable for vulnerable inmates, especially persons with disabilities. The whole process of reform needs to be holistic and multi-faceted.
| GS Paper | GS Paper II |
| Topics for UPSC Prelims | India’s prison system, Article 21, Article 39A, Prisons Act, 1894, Model Prisons Act 2023, Bharatiya Nagarik Suraksha Sanhita, Rights of Persons with Disabilities Act, National Human Rights Commission, Justice Amitava Roy Committee, Krishna Iyer Committee |
| Topics for UPSC Mains | Prison Regulation in India, Major Issues Related to Prisons in India |
This editorial is based on “The long fight for accessibility, dignity in Indian prisons” published in The Hindu on 21/11/2024. The article discusses the systemic neglect and abuse faced by prisoners with disabilities in India.
The issues that India’s prison system faces are most important to know for the UPSC aspirants. This topic is straight under the UPSC syllabus associated with GS Paper 2, which represents social empowerment and problems related to policy implementation. Information on judicial interventions, human rights, and reform measures will help facilitate preparation for the overall exam.
Recently, prisoners with disabilities in India have attracted considerable attention, bringing to light chronic problems in the prison system. So, this is one of the important topics for UPSC aspirants because it falls under GS Paper 2, which discusses social empowerment and problems in policy implementation. Questions regarding human rights and judicial reforms have appeared several times in previous UPSC question papers, so this topic holds much significance and relevance at the right time.
The complex regulatory framework of India’s prison system envisages constitutional provisions, legal statutes, and oversight mechanisms designed to ensure humane treatment and justice for prisoners. However, the degree of success varies widely in its implementation. Key constitutional articles and legal acts form the bedrock of this framework, supplemented by judicial and international oversight.
Article 21 protects the prisoner against being tortured and a speedy trial, while Article 22 guarantees the right of information for the arrest and to get access to a legal representative. It is postulated that Article 39A mandates free legal aid wherein justice would be ensured for those who cannot afford it.
Custody and disciplinary aspects are covered under the Prisons Act, 1894, but it lacks rehabilitation features. The Identification of Prisoners Act, 1920, maintains prisoner identifications and biometric figures, and the Transfer of Prisoners Act, 1950, governs the transfer of prisoners from one state to another.
Public Interest Litigations and court rulings provide judicial oversight to detention and prison conditions. The Universal Declaration of Human Rights, as well as the Convention Against Torture, establish global norms for the treatment of prisoners and their relevance affects domestic laws and policies.
Prison reform in India has evolved from harsh punitive measures during British rule to more humane approaches post-independence, reflecting significant shifts in policy and judicial perspectives. Central reforms introduced at various stages have improved prison conditions and the welfare of the inmates.
The pre-independence era history of prison reform in India reflects efforts to humanize prison conditions under colonial rule. Prisons were used as deterrents, with harsh conditions under British rule. Early calls for prison reforms in the Indian Penal Code came from the Indian National Congress in 1920, which marked early efforts for better inmate treatment.
The All India Jail Manual Committee recommended the classification, medical care, and vocational training of prisoners in 1952. The judgment by the Supreme Court in Sunil Batra v. Delhi Administration in 1980 stressed humanitarian treatment and legal aid to prisoners, influencing further reforms.
This uniform management practice was standardized with the introduction of the 2016 Model Prison Manual. The 2018 Prisons Development Fund aimed at infrastructure modernization. The Model Prisons Act 2023 introduced provisions for prisoner welfare, legal aid, and technological advancements in prison administration.
Systemic problems in India’s prison system include overcrowding, undertrial delays, lack of rehabilitation, and human rights violations among others. This therefore calls for immediate systemic reforms to ensure justice and fair treatment to all inmates.
With an occupancy level of 131 percent, places like Uttarakhand, Uttar Pradesh, and Delhi are severely overcrowded, which poses serious health risks and increases disputes among inmates. Indian prisons are severely overcrowded, holding inmates beyond capacity. This strains resources, deteriorates living conditions, and hampers rehabilitation efforts, making the environments inhospitable for inmates and staff members alike.
Its population remains 75.8% of undertrials, a sign of judicial inefficiencies and prolonged detention without conviction on bureaucratic grounds for legal procedures. Undertrials form a sizeable number of inmates waiting for their court hearings. Overcrowding worsened by judicial delays takes away justice to an individual in a timely manner and snatches away his rights fundamentally.
The punitive character of the prison system lacks support or skill building, due to which there is a marked rate of mental illness such as depression and anxiety among inmates, and thus a cycle of traumatic institutionalized characters. Rehabilitation programs are very poor in preparation for the reintegration of inmates. Worsened psychological challenges faced by prisoners increase psychological deterioration to result in feelings of distress and offence recidivism.
Prisons fail to accommodate disabled inmates and, therefore, violate the Rights of Persons with Disabilities Act, 2016. Accessibility gaps, like non-functional wheelchairs and facilities, compromise the dignity and rights of disabled prisoners.
Instances of custodial violence call for a need to be answerable. Physical crimes, torture, and denial of rights go against the spirit of the justice system, violating the basic human rights of prisoners. Custodial violence is prevalent with 1,850 reported deaths during 2020-21. Institutional impunity and weak accountability mechanisms characterize the pervasiveness, as seen in the case of the Sathankulam custodial deaths.
Suppressive caste segregation continues despite Supreme Court rulings against it in prisons, which affects treatment and rehabilitation of inmates from marginalized communities. The marginalized caste inmate often experiences discrimination- everything from access to resources and fair treatment to the chances of reformation-since inappropriate treatment persists. This is deepening societal imbalances within the prison system.
Women prisoners undergo specific hardships, such as vulnerability to sexual abuse, the absence of women in the prison force, and miscarriage of prenatal care, thereby revealing systemic disregard for their peculiar necessities. Female inmates face challenges of inadequate healthcare, lack of distinct facilities, and support towards mothers. Inadequate policies lacking gender sensitivity do not cater to women’s needs specifically.
Significant judicial pronouncements have shaped prison reforms in India, addressing issues of legal aid, fundamental rights, and humane treatment. These rulings have provided a framework for improving prison conditions and protecting inmate rights.
This landmark case brought to the fore prolonged undertrial imprisonment, demanding speedy trials and judicial reforms. The judgment placed an emphasis on judicial delay reduction in order that justice be served and not detained indefinitely in circumstances of trial without conviction.
The Supreme Court emphasized that basic rights remain with prisoners including receiving legal aid and receiving humane treatment. The judgment highlighted reformative justice over punitive measures, asserting that incarceration does not strip the individual of any rights mentioned in the Constitution, which ensures their dignity and fair treatment.
It upheld the Supreme Court’s ruling that prisoners retain basic rights, including humane treatment and protection against custodial violence. This means upholding dignity and reformative justice and underlining the necessity for humane conditions of living in conformity with constitutional tenets.
Major issues, the court noted, were overcrowding, lack of rehabilitation, and custodial violence. Instead of emphasizing dignity for prisoners or reform of systemic issues, it recommended reforms should be directed towards better management of prisons and compliance with human rights standards.
To effectively reform the India prison system, strategies should be implemented to fill infrastructural deficiencies, streamline judicial processes, focus on rehabilitation, leverage technology, and encourage open oversight and specialized prisoner management approaches.
Implement Accessibility Guidelines and modular prison designs to avoid overcrowding, hence providing amenity-rich facilities. Develop sustainable infrastructure and specialized units for vulnerable populations to improve standards of living.
Implement technology-enabled case management systems and fast-track courts to accelerate the trials. Ensure legal support is adequate and in line with the recommendations of the Justice Amitava Roy Committee-one lawyer for every 30 prisoners.
Convert prisons into rehabilitation centers with mandatory vocational training and psychological counseling. Partner with industries for skill development programs and implement mental health screening and support services.
Develop a Prison Management Information System (PMIS) and blockchain-based data management for transparency. Implement digital case tracking and telemedicine infrastructure to improve access to healthcare and judicious resource optimization.
Have an independent Prison Ombudsman carry out unannounced inspections and human rights investigations. Make provision for public reporting on the state of prisons, and mechanisms such as whistleblower protection to address institutional malpractices.
Targeted interventions toward different kinds of prisoners like first-timers and those prone to radicalization. Restoration of gender-sensitive infrastructure and rehabilitation programs, in consonance with the Krishna Iyer Committee report.
| Political Challenges: India’s prison reforms require robust political will. While judicial pronouncements like Sunil Batra v. Delhi Administration mandate humane conditions, implementation remains sluggish. Political initiatives such as the Model Prisons Act (2023) demonstrate intent but need consistent oversight and inter-state coordination to ensure better governance and equitable prison management across the country. Economic Impact: Overcrowding and outdated facilities create financial strain on state budgets. The Prisons Development Fund aims to modernize infrastructure, but significant investment is needed. Rehabilitation programs are underfunded, limiting inmates’ ability to reintegrate economically, while the lack of skills training perpetuates cycles of poverty, increasing costs of repeat offenses on the justice system. Social: India’s prison system reflects deep social disparities. Over 75% of inmates are undertrials, many from marginalized communities, unable to afford bail. Women prisoners face inadequate protections and prenatal care, while caste-based discrimination persists. Mental health issues and custodial violence worsen the situation, eroding trust in the justice and correctional framework. Technological: Technological adoption in prisons is minimal, hindering efficiency and transparency. Solutions like the Prison Management Information System can streamline processes and improve oversight. Emerging technologies like blockchain for secure data and AI for case management hold promise, but implementation remains limited, slowing down much-needed systemic modernization efforts. Environmental: Overcrowded and poorly designed prisons contribute to unsustainable living conditions and resource wastage. Integrating eco-friendly practices, such as sustainable construction, renewable energy use, and water conservation measures, can reduce the environmental footprint of prisons while improving conditions for inmates, ensuring facilities align with modern sustainability standards and public expectations. Legal: The outdated Prisons Act, 1894, focuses on discipline but neglects rehabilitation. International commitments like the Universal Declaration of Human Rights and the Convention Against Torture demand humane treatment, yet compliance remains weak. Additionally, violations of the Rights of Persons with Disabilities Act, 2016, highlight the lack of accessible infrastructure for inmates. |
The transformation of India’s prison system will call for an all-rounded reform of the Criminal Justice System (CJS) to be efficient and effective. Rehabilitation, mental health services, and prisoner rights need more priority than ever in such a system considered fair and humane. Meaningful reforms across the criminal justice spectrum will shape a fair and equitable society.
| UPSC Civil Services Examination, Previous Year Questions (PYQs) Mains Q. The National Human Rights Commission (NHRC) has contributed immensely to securing human rights in India. Critically evaluate its role in addressing issues like custodial violence and prison reforms.(UPSC Mains 2020, GS Paper II) Q. Critically examine the key provisions of the Model Prisons Act 2023 and their potential to address the chronic issues of overcrowding, human rights violations, and inadequate prisoner welfare in India. How do these provisions align with the constitutional guarantees under Article 21 and Article 39A? |
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