Prisoner Rights and Reforms in India: An Analysis of Indian Practices along with the World
Practices
INTRODUCTION
According to Merriam-Webster’s Dictionary, “a prisoner is a person who is devoid of liberty
and is confined or is under custody or is kept under an involuntary restraint.”1 Such persons
are kept confined as a form of punishment against a crime they committed while they await
their trial.2 This term refers to any person who is captivated for some duration as a result of a
court’s order or any other legal mandate. Another term, “inmate refers to someone who has
been imprisoned for a longer and extended duration.”3
The Universal Declaration of Human Rights states that “No one shall be subject to torture or
cruel, inhuman, or degrading treatment of punishment.” 4 Further, the United Nations
Covenant on Civil and Political Rights states that “All persons deprived of their liberty shall
be treated with humanity and with respect for the inherent dignity of the human person.” 5
The Constitution of India also confers various fundamental rights upon its citizens and the
basic rights are also conferred to the prisoners as India is a signatory of these declarations.
The place where the prisoners or the inmates are inhibited is referred to as prisons, jails,
detention centers, or remand homes. Historically, the punishments specified for the prisoners
were vile and brutal, but the current system of prisons and jails in India is based on
reformative and rehabilitative policies6. There have been significant changes made in the
Indian Jail System, from colonial times to the present times. Further, the jail administration
and management in India are regulated by the Prison Act, 1894, and some state-specific
manuals. Additionally, the prisoners are given their most basic fundamental rights in India,
and no one can deny them despite them being criminals.7
Prisoners are long forgotten by the societies, unbothered and are treated as left-overs by the
society. The prisoners in India are administered by the Prison Act, 1894. Due to the absence
of appropriate attention, they are subjected to harsh treatments, penalties, and even third
degree tortures. Despite such brutal laws, there have been significant reforms inspired from
the Declaration of Human Rights, 1948, which is also included in the form of fundamental
rights in the Constitution of India, to uphold the dignity and integrity of its citizens.8
HISTORY – PRISON ADMINISTRATION IN THE 19TH CENTURY
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Universal Declaration of human Rights, Article 5.
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United Nations International Covenant on Civil and Political Rights, Article 10
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The present system of Prison Administration started in the British era. In 1836, a committee
was appointed to emphasize the conditions of jails in India, upon the insistence of Lord
Macaulay, who was also regarded as the father of prison reforms in India. A report was
submitted by the committee in 1838 highlighting the diabolical conditions of Indian jails.
Subsequently, the first Central Prison was established in Agra in 1846, followed by further
establishments in Bareilly and Allahabad in 1848, Lahore in 1852, Madras in 1857, Alipur in
1864, Banaras and Fateghat in 1864 and Lucknow in 1867.9
The Government of India in 1864 also suggested to employ Civil Surgeons as Superintendent
of Civil Jails. In the same year, another committee was set up by the Government of India to
address issues of Jail Administration. The committee deliberated on the health and living
conditions of the prisoners which certainly used to deteriorate due to factors like
overcrowding, bad ventilation, bad conservancy, bad drainage, unclean environment, water,
exertion due to labor, and inadequate medical assistance. The committee also provided
several suggestions,10
a. Care and rehabilitation of minor convicts, and establishment of reformatories
b. Separating prisoners based on different and specific criteria
c. Improving prisoner’s diet
d. Maintaining jail discipline
e. Measures to handle repeat offenders
f. Implementing a “tickets of leave” system
g. Adequate salaries to jailors
h. Fines on prison officers for misconduct
i. Special Treatment Protocols for European Prisoners
j. Compilation and maintenance of jail statistics
This committee also suggested a separate space to keep juvenile prisoners and provide them
with education. Further, the committee suggested a cellular accommodation for 15% of its
population. Simultaneously, the Indian Penal Code and the Civil Procedure Code were
enforced and established a uniform legal system in India. In 1870, the Prison Act was passed
defining the basic structures of jail management and its supervision. This Act and the Prison
Act of 1870 formed the basis of the present system of prisons in India. Another Committee
on Jail Reforms was established in 1877 which dealt largely with matters of jail
administration and prisoners’ conditions rather than general aims and principles of jail
administration.
The Prison Act of 1894 was based on a report by the All India Committee of Prisons set up
1892. This act contained punishments and prison work and did not dealt much on the
treatment or consequences of punishments.
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Ibid at 9.