Prison Reform in India

What’s in today’s article?

• Why in News?
• SC’s Verdict on Caste Bias, Segregation in Prisons
• Issues Related to Prisons in India
• Prison Reforms - Recommendations of Committees, Provisions of Laws and Key Judgements

Why in News?

• The Supreme Court issued a series of directives to the Centre and states to ensure that no inmate is subjected to work assignments or housing arrangements based on their caste.
• The SC declared this provision in various jail manuals “unconstitutional” for violating the inmates’ right to dignity, equality and non-discrimination.
• The ruling ended the long-standing practice of discrimination against prisoners based on caste and demanded prompt reforms in all states and UTs.

SC’s Verdict on Caste Bias, Segregation in Prisons:

• Background: The court’s verdict came on a petition moved by a journalist, urging the court to issue clear directions to ensure that all prison manuals and practices (that reinforce caste hierarchies) are overhauled.
• The court’s verdict:
  • The verdict specifically addressed the entrenched discriminatory practices against marginalised communities, including scheduled castes (SC), scheduled tribes (ST) and denotified tribes (DNTs) in India’s prisons.
  • The apex court held that the treatment of inmates from DNTs as “habitual offenders” within prison walls across India are oppressive to fundamental human dignity and personality.
  • The bench held that caste-based assignments of labour, such as assigning menial tasks (cleaning and sweeping) to marginalised castes while reserving cooking for higher castes, is a violation of Articles 14 and 15 of the Constitution.
  • The provision that food shall be cooked by ‘suitable caste’ reflects notions of untouchability prohibited under the Constitution in Article 17.
  • The SC expanded the scope of Article 21, stating that caste-based discrimination hinders personal growth and development.
  • The court further held that the selective assignment of menial jobs to specific castes amounted to forced labour under Article 23.
  • The judgement highlighted several gaps in the Model Prison Manual of 2016 in addressing caste-based discrimination.
    • The court noted that it failed to fully eliminate caste-based segregation and labour division in prisons.
    • It also criticised the manual for not incorporating the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act 2013 that bans manual scavenging.
• Court’s directives to Centre, states and UTs:

• To combat caste-based prejudices, the bench called for strict adherence to guidelines laid down in Arnesh Kumar Vs State of Bihar (2014) and Amanatullah Khan Vs Commissioner of Police, Delhi (2024)cases.
• The guidelines require police officers to ensure procedural safeguards, particularly for vulnerable communities, reinforcing the broader fight against systemic biases.

Issues Related to Prisons in India:

• Fundamental rights of prisoners:
  • Article 21 guarantees the right to life and personal liberty.
  • Article 39A ensures free legal aid for those in need.
• Key issues in Indian prisons: Prison conditions in India face several critical challenges that impact inmates' rights and welfare. These include -
  • Overcrowding:
    • Currently, prisons in India operate at 117% capacity, primarily due to a high number of under-trial prisoners.
    • The SC has emphasised the right to speedy justice under Article 21 of the Constitution, but many cases remain unresolved.
  • Unhygienic conditions: Many inmates lack access to proper medical facilities. Female prisoners often do not receive adequate sanitary products and basic health services.
  • Custodial torture: Despite the 1986 DK Basu judgement prohibiting torture, reports of custodial violence continue, with increasing cases of custodial deaths.
  • Delays in trials: Lengthy legal processes disrupt prison administration and prolong inmates' suffering. The right to a speedy trial has been recognised but is often not upheld.
  • Challenges for women prisoners: The number of female inmates is rising, but they often face inadequate facilities. There is also a lack of dedicated women’s prisons.

Prison Reforms - Recommendations of Committees, Provisions of Laws and Key Judgements:

• Justice Mulla committee 1983: It recommended -
  • Improved prison accommodations,
  • Creation of the Indian Prisons and Correctional Services,
  • Public and media visits for transparency,
  • Reduction of under-trial prisoners through expedited trials.
  • A national policy on prisons.
  • Using alternatives to imprisonment, such as community service, etc.
• Justice V.R. Krishna Iyer committee 1987:
  • Induction of more women into the police force.
  • Separate institutions with women employees alone, especially for women offenders.
  • Necessary provisions to restore the dignity of convicted women.
• Justice Amitav Roy panel (2018) of the SC: It recommended several prison reforms - special fast track courts, improvements in lawyer-prisoners ratio, use of video-conferencing for trial, etc.
• Provisions of the Model Prisoners Act of 2023:
  • Legal aid to prisoners: It is the state’s duty to provide free legal aid by suitable legislation or schemes.
  • Parole: It is a form of early release for prison inmates where the prisoner agrees to abide by behavioural conditions.
  • Furlough: It is the right of prisoners to retain family and social ties. This also helps them counter the ill effects of prolonged time spent in prison.
  • Other provisions: Special facilities for women and transgender prisoners, Provisions for use of technology in prison administration, etc.
• Key case laws:
  • Hussainara Khatoon vs. Home Secretary (1979): Emphasises the right to a speedy trial.
  • State of Rajasthan vs. Balchand (1978): Establishes that bail is the rule, not jail.

Q.1. What is the Model Prisons and Correctional Services Act 2023?

The Model Prisons and Correctional Services Act 2023 is a bill that aims to address various issues related to prison administration. It replaces the Prisons Act of 1894 and incorporates provisions from the Prisoners Act of 1900 and the Transfer of Prisoners Act of 1950.

Q.2. What is the Prohibition of Employment as Manual Scavengers and their Rehabilitation (MS) Act 2013?

After coming into effect of the MS Act 2013, no person or agency can engage or employ any person for manual scavenging. The offence is punishable with imprisonment up to 2 years or fine up to Rs. 1 Lakh or both.

Source: Caste bias, segregation in prisons violate dignity: Supreme Court | IE | HT