Model Prisons Act Announced by the MHA

What’s in today’s article?

• Why in news?
• What is Prisons Act 1894?
• What are the rationales behind bringing a new model act?
• Key highlights of the new provisions being proposed
• Is the Model Prisons Act, 2023, binding on states?

 

Why in news?

• The Ministry of Home Affairs (MHA) announced that it has finalised the preparation of the Model Prisons Act, 2023.
• The act will replace the current 130-year-old law i.e., Prisons Act, 1894.

What is Prisons Act 1894?

• It defines prison and demarcated prisoners into three different categories according to the nature of their crimes.
  • These categories were - “criminal prisoner”, “convicted criminal prisoner” and “civil prisoner”.
• It dealt with provisions for accommodation, food, clothing, bedding segregation, and the discipline of prisoners, including solitary confinement. 
• It also laid down provisions for the prisoners’ employment, health, and visits. 
• However, the act had no provisions for reformation or rehabilitation.
• The act permitted whipping, provided that the number of stripes shall not exceed thirty, albeit for only male prisoners.

 

What are the rationales behind bringing a new model act?

• Attempt to shift the focus
  • The focus of the existing 130-year-old colonial law was retributive deterrence. 
    • It used punishment or the threat of punishment as a means to deter individuals from committing crimes.
    • It focused on keeping criminals in custody and enforcing discipline and order in prisons, leaving no provision for reform and rehabilitation of prisoners.
  • The new act aims to shift the focus of incarceration from “retributive deterrence” to “reform and rehabilitation”.
• Killings and gang violence within prisons
  • The Model Prisons Act, 2023, is being introduced following the spate of killings and gang violence within prisons. 
  • One such incident was the killing of 33-year-old Tillu Tajpuriya, who was allegedly stabbed to death by members of a rival gang inside Tihar jail.
• The presence of a criminal nexus operating from inside prisons
  • In November 2022, the National Investigation Agency (NIA) asked the Union Home Ministry to shift several dreaded gangsters lodged in north India’s prisons to those in the southern states. 
  • The NIA’s request to move nearly 25 gangsters was driven by the presence of a criminal nexus operating from inside prisons in Delhi, Punjab, Haryana, and Rajasthan.

 

Key highlights of the new provisions being proposed

• Aims to encourage good conduct
  • The Model Act seeks to create provisions for the grant of parole, furlough, and remission to prisoners to encourage good conduct.
• Intends to bring about attitudinal change towards prisoners
  • The new Act also intends to bring about attitudinal change towards prisoners and initiate vocational training and skill development for prisoners for their reintegration into society.
• Seeks to bring about transparency in prison management
  • The new Act also seeks to bring about “transparency in prison management” and includes provisions for security assessment and segregation of prisoners.
  • Additionally, it aims to provide separate accommodation for women and transgender inmates, ensure the physical and mental well-being of prisoners, and focus on the reformation and rehabilitation of inmates.
• Other provisions
  • Individual sentence planning; 
  • Grievance-redressal; 
  • Prison development board and use of technology in prison administration; 
  • Protecting society from criminal activities of hardened criminals and habitual offenders. 
  • Provisions for establishing high-security jails and open, semi-open jails have also been inserted.
  • New measures for prisoners to video conference with courts have also been introduced. 
    • However, if a prisoner is using prohibited items like mobile phones in jail, they will be punished for it.

 

Is the Model Prisons Act, 2023, binding on states?

• Constitutional Provision
  • As per the provisions of the Constitution, ‘prisons’ and ‘persons detained therein’ fall under the State List.
  • Hence, the responsibility of prison management and administration solely vests with the state government, which alone is competent to make appropriate legislative provisions in this regard.
• Supporting role played by the Centre
  • Owing to the critical role played by efficient prison management in the criminal justice system, the Centre provides crucial to support the States and UTs in this regard.
  • The Ministry of Home Affairs had clarified while announcing the 2023 Act that it may serve as a guiding document for the States so that they may benefit from its adoption in their jurisdictions.

 

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Q1) Is police under central or state?

'Police' and 'Public Order' are State subjects under the Seventh Schedule to the Constitution of India and therefore, it is the primary duty of the State Governments to prevent, detect, register and investigate crime and prosecute the criminals.

 

Q2) What is Central Industrial Security Force?

The Central Industrial Security Force is a federal police organisation in India under the Ministry of Home Affairs. It is one among the Central Armed Police Forces. CISF provides security to over 356 industrial units, government infrastructure projects and facilities and establishments located all over India.

 

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Source: Home Ministry prepares Model Prisons Act 2023 to replace British-era law | PIB