Revising the 130-year-old Prison Act, from the colonial era, the Ministry of Home Affairs (MHA) has finalised a comprehensive ‘Model Prisons Act, 2023’, which may serve as a guiding document for the states and for adoption in their jurisdiction.
The decision was taken under the leadership of Prime Minister Narendra Modi and the guidance of Union Home Minister Amit Shah as the present ‘Prisons Act, of 1894’ is a pre-independence era Act, which mainly focuses on keeping criminals in custody and enforcement of discipline and order in prisons, and there is no provision for reform and rehabilitation of prisoners in the existing Act. Pointing out that an altogether new perspective has evolved about prisons and prison inmates, globally in the last few decades, the MHA in a statement said, “Prisons today are not looked at as places of retributive deterrence but are considered as reformative and correctional institutions where the prisoners are transformed and rehabilitated back into society as law-abiding citizens.”
“As per the provisions of the Constitution of India, ‘prisons’/ ‘persons detained therein’ is a ‘State’ subject. The responsibility of prison management and prisoners administration solely vests with state governments who alone are competent to make appropriate legislative provisions in this regard. However, given the critical role that efficient prison management plays in the criminal justice system, the Government of India attaches a high degree of importance to supporting the states and Union Territories in this regard,” the Ministry in the release.
Over the past few years, the MHA noted that there are several lacunae in the existing Prisons Act, which regulates the prison administration in all states and Union territories, with the exception of a few states that have enacted a new Prisons Act. Taking note of the conspicuous omission of the correctional focus in the existing Act, a need was felt to revise and upgrade the Act in tune with modern-day needs and requirements of prison management.
In tune with contemporary modern-day needs and correctional ideology, the statement mentioned that the MHA assigned the task of revision of the Prisons Act, 1894 to the Bureau of Police Research and Development. “The Bureau, after holding wide-ranging discussions with State Prison authorities, correctional experts etc. prepared a draft,” the statement read further.
“With the objective of holistically providing guidance and addressing the gaps in the existing Prisons Act, including the use of technology in prison management, making provisions for grant of parole, furlough, remission to prisoners to encourage good conduct, special provision for women/ transgender inmates, physical and mental well-being of prisoners and focus on the reformation and rehabilitation of inmates, etc. the Ministry of Home Affairs, under the able guidance of Home Minister Amit Shah, has finalised a comprehensive ‘Model Prisons Act, 2023’, which may serve as a guiding document for the States, and for adoption in their jurisdiction,” read the statement from the Ministry.
Along with ‘The Prisons Act, of 1894’, ‘The Prisoners Act, of 1900’ and ‘The Transfer of Prisoners Act, of 1950’ has also been reviewed by the MHA and relevant provisions of these Acts have been assimilated in the ‘Model Prisons Act, of 2023.’
State governments and UT administrations can benefit from the Model Prisons Act, 2023 by adopting it in their jurisdictions, with such modifications which they may consider necessary, and repeal the existing three Acts in their jurisdictions.
The salient features of the new Model Prisons Act include provision for security assessment and segregation of prisoners, individual sentence planning; grievance redressal, prison development board, attitudinal change towards prisoners; and provision of separate accommodation for women prisoners, and transgender.
Provision for the use of technology in prison administration with a view to bringing transparency in prison administration is among other features of the new act which also comprises provision for video conferencing with courts, scientific and technological interventions in prisons; punishment for prisoners and jail staff for use of prohibited items like mobile phones etc. in jails; and provision regarding establishment and management of high-security jail, open jail (open and semi-open), etc, a provision for protecting society from the criminal activities of hardened criminals and habitual offenders; legal aid to prisoners, parole, furlough and premature release, etc to incentivise good conduct; and focus on vocational training and skill development of prisoners and their reintegration into the society are other notable features of the new Act.
The Centre’s move aims at bringing reforms in every sector and will result in bringing more transparency and improvement in prison management and prisoners administration across the country, the statement said. (ANI)
