PENOLOGY AND VICTIMOLOGY

MODULE 3
HISTORY OF PRISON SYSTEM & PRISON SYSTEM IN INDIA

INTRODUCTION

The term prison is derived from the Latin term which means to seize. Prison institutions are
also known as ‘Correctional Facilities’, ‘Detention Centre’, ‘Jails’, ‘Remand Centre’ etc.
Prison means a place in which persons are kept in custody when trail is pending or in which
they are confined as punishment after conviction. The system of imprisonment represents a
curious combination of different objectives of punishment. Thus, prison may serve to deter
the offender or it may be used as a method of retribution or vengeance by making the life of
the offender miserable and difficult. The isolated life in prison and incapacity of inmates to
repeat crime while in the prison, fulfils the preventive purpose of punishment. It also helps in
keeping crime under control by elimination of criminals from the society. That apart, prison
may also serve as an institution for the reformation and rehabilitation of offenders. It
therefore, follows that whatever be the object of punishment, the prison serves to keep
offenders under custody and control.

The attitude of society towards prisoners may vary according to the object of punishment and
social reaction to crime in a given community. If the prisons are meant for retribution or
deterrence, the condition inside them shall be punitive in nature inflicting greater pain and
suffering and imposing severe restrictions on inmates. On the other hand, if the prison is used
as an institution to treat the criminal as a deviant, there would be lesser restrictions and
control over him inside the institution.

The modern progressive view, however, regards crime as a social disease and favours
treatment of offenders through non-penal methods such as probation, parole, open jail etc.

Whatever be the reaction of society to crime, the lodging of criminals in prison gives rise to
several problems of correction. rehabilitation, and reformation which constitute vital aspects
of prison administration.

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It is significant to note that the prison inmates are to be dealt with different punishments
because uniform punishment for all of them would hardly serve the ends of justice. It
therefore, necessitates classification of prisoners into different categories depending on the
gravity of their offence and the term of punishment awarded to them. Proper classification of
offenders for the purpose of treatment is pre-condition for an ideal penal program. The
introduction of modem classification methods in prisons are essentially directed to meet this
end.

Since the present-day penology centres round imprisonment as a measure of rehabilitation of

offenders, the prisons are no longer mere detention houses for the offenders but they seek to
reform inmates for their future life. The modern techniques of punishment lay greater
emphasis on reformation, correction and rehabilitation of criminals.

Prisons‟ is a State subject under List-II of the Seventh Schedule to the Constitution of India.

The management and administration of Prisons falls exclusively in the domain of the State
Governments, and is governed by the Prisons Act, 1894 and the Prison Manuals of the
respective State Governments. Thus, States have the primary role, responsibility and
authority to change the current prison laws, rules and regulations.

HISTORY OF PRISON SYSTEM

The institution of prison is indispensable for every country. The history of prisons in India
and elsewhere clearly reflects the changes in society's reaction to crime from time to time.
Initially, prisons were used as detention houses for under-trials. Persons who were guilty of
some political offence or war crime or who failed to pay their debts or fines were lodged in
prison cells with a view to extracting confession from them or securing the payment of debts
or fines. Subsequently, with the march of time and advancement of knowledge and
civilisation, the conditions of prisons also improved considerably.

The modern prison system in India is essentially based on the British prison model which in
itself is an outcome of prison developments in America during the late eighteenth century.

THE AMERICAN PRISON SYSTEM

The medieval period in the history of American colonies witnessed an era of barbarism and
deterrent punishment for criminals. The offenders were mercilessly tortured and brutally

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treated. Even for minor offences they were subjected to sever punishment such as death,
public humiliation, whipping and so on.

Those who were to be tried for political offences, war-crimes or blasphemy, were kept in
prison as undertrials.

Thus, imprisonment was used only in rare cases. The life inside the prison was hard,
unbearable and painful.

With the march of time, public opinion mobilised against these barbarous methods of treating
the prisoners which eventually led to the passing of famous Penn's Charter of 1862.

Penn's Charter of 1862

The main object of this Charter was to put an end to brutal methods of punishment on
humanitarian grounds and bring out reforms in prison administration. The Charter inter alia
contained that:-

1. The practice of releasing prisoners on bail should be introduced.

2. Compensation should be allowed to persons who were wrongfully imprisoned and this
amount should be double the amount of lost actually suffered by the victim of the offender's
act.

3. Prisoners should be allowed the choice of their food and lodging to certain extent.

4. The system of pillory'.i.e. punishing the offender in public places should be abolished.

5. In Pennsylvanian system the prisoners were to live and work in isolated cells and therefore,
they could not even know each other while the Auburn system provided congregate work in
shops during day where the prisoners could see and know each other but could not, however
communicate.

6. It is primarily, for this reason that Donald Taft characterised the Pennsylvanian system as
the separate system and the Auburn system as the silent system.

THE ELMIRA REFORMATORY

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The Elmira Reformatory in New York which provided for indeterminate sentence, parole and
probation. The inmates were categorised as hardened criminals and incorrigibles for the
purpose treatment in prison.

With new developments in penology during the early decades of twentieth century, the
prisons were used as places of industry to train inmates for skilled work. This obviously
served a dual purpose .

Firstly, it helped in the rehabilitation of prisoners, and secondly, work in prisons kept inmates
engaged during their stay in prison, with the result they were mentally and physically fit to
return as a useful member of society after their release. It was around 1930 that
individualisation of prisoners became the object of punishment and hence the criminals were
graded not according to their age, sex or dangerousness but according to their individual
needs and chances of rehabilitation.

The Illionis Prison, 1933

The opening of Reception Centre at Illionis in 1933 marked the beginning of reformative era
in the American prison system. The cells in this prison were airy, ventilated and equipped
with adequate arrangement of lights. The conditions of health and sanitation were
considerably improved and inmates were provided facilities for reading, writing and
schooling. Adequate arrangements were also made for physical exercise and recreation of
inmates. The prisoners were to dine together in a common mess and they could meet their
relatives and friends on certain fixed days.

The sentence of solitary confinement was completely abolished and general tendency was to
narrow down the gap between the outside free-life and the life inside the prison to the
maximum possible extent. Until the midcalf of the 20th century, even the U.S. Courts had
little regard for the rights of prisoners as they believed that as a result of his conviction the
prisoner has "forfeited his liberty and personal rights except those which the law in its
humanity accords to him". However, this attitude of indifference has now radically changed
due to human rights consciousness of the American Judges and the constitutional rights of
prisoners in USA are now well honoured and safeguarded.

THE BRITISH PRISON SYSTEM

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Like United States, in England also, the prisoners were treated brutally and punishments were
barbarous in nature. John Howard, in his famous work entitled, The State of Prisons' has
described the awful condition of British prisons during the eighteenth century.

• The prisons according to him were damp and vermin infected and were the places full of
filth, corruption, sex indulgence and all sorts of vices.

• Beccaria was the first European criminologist who raised a voice against the continuance of
harsh and painful treatment to convicted prisoners.

• Pope XI also advocated the cause of human treatment to inmates in prisons.

THE BEGINING OF PRISON-REFORMS IN U.K.

The Act of 1778 passed by the British Parliament marks the beginning of prison reforms in
England. The Act contained elaborate provisions relating to prison reforms. The entire
working of prisons was remodelled. Under the new system, the inmates were put to work
during day and kept in solitary cells during night.

Efforts were made to make them understand that despite their offensive acts, they still had a
chance of rehabilitating themselves in the community after their release from jail. By 1833,
the inmates could meet their friends and relatives more frequently at fixed intervals and
outside visitors were also permitted to go around the prison and hear complaints from the
inmates.

Some significant changes were further introduced in the prison administration in the later half
of the 19th century. In order to ease the pressure on British prisons, the prisoners were
released on Ticket on leave' on condition that they would not resort to criminality. By this
time the prison administration was transferred from local municipal authorities to the national
Government by the Act of 1877 which was a landmark change in the history of prison
development in Britain.

In 1894, Gladstone Committee recommended the abolition of unproductive labour in

prisons and emphasised the need for work in groups and improved classification of prisoners.
The Committee also recommended separate reformatories for juvenile offenders. As a result
of the Committee's recommendations the Prison Act was enacted in England in 1898, which
was followed by the Children Act, 1908.

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The salient features of the present prison system in Britain may be summarised as follows:-

1. The prisoners are classified into different categories through Group therapy method.

2. The inmates are provided vocational training inside the prison for their physical, moral and
mental upliftment.

3. After the prisoner's release from the prison, his rehabilitation and socialisation is entrusted
to after care institutions or voluntary social service organisations.

4. Prisons are treated as minimum security institutions wherein basic rights of prisoners
should be duly recognized.

HISTORY OF PRISON SYSTEM IN INDIA

A well-organised system of prisons is known to have existed in India from the earliest times.
It is on record that Brahaspati laid great stress on imprisonment of convicts in closed prisons.
In ancient India, greater emphasis was laid on the spiritual aspect of human life and therefore,
prisons were so modelled as to provide sufficient opportunity for penance.

It was a common practice to keep the prisoners in solitary confinement so as to afford them
an opportunity of self-introspection. The object of punishment during the Hindu and Mughal
period in India was to deter offenders from repeating crime. The recognised modes of
punishment were death sentence, hanging, mutilation, whipping, flogging, branding or
starving to death.

During the Mughal rule in India the condition of prisons was awfully draconic. The prisoners
were ill-treated, tortured and subjected to most inhuman treatment. They were kept under
strict surveillance and control. The prisons were places of terror and torture and prison
authorities were expected to be rough and tough in implementing the sentences.

PRISONS IN BRITISH INDIA

The concept of modern prison in India began with the suggestions of TB Macaulay in 1835.
Introduced radical changes in the then existing prison system. Classified the prisoners into
two heads namely, violent and nonviolent prisoners. The Prison Enquiry Committee
appointed by the Government of India in 1836 recommended for the abolition of the practice
of prisoners working on roads.

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Adequate steps were also taken to eradicate corruption among the prisons staff. An official
called Inspector General of Prisoners was appointed for the first time in 1855, who was the
Chief Administrator of prison in India. His main function was to maintain discipline among
the prisoners and the prison authorities.

Conditions of prisoners were harsher than animals in India and prisoners were treated with
hatred. The Prison Act was passed by the Government of India in 1870. This Act laid down
that there should be a Superintendent, a medical officer, a jailor and some other subordinate
officers as the local government thinks necessary. This Act also specified and categorised the
duties of the prison officers. This Act also provide provision related to the separation of male
prisoners from female, separation of children offenders from adult, and separation of criminal
from civil offenders.

On the recommendations of the committees the Prison Act 1894 was passed. Due to the effect
of this Act there was a considerable material progress in the concept of jails during this
period. In 1919 the British government appointed a joint commission of officials which
investigate about the management of jails and suggest improvement in the maintenance of
jails. This commission gave recommendations related to the separate institution like Borstal
school for juvenile delinquents. Offenders whose trial is pending should be kept separate
from the convicted offender, there should be classification of habitual and casuals offenders
between the adults.

The report of the committee also through some light on the view of the transportation of
offenders to the Andaman Island and recommended to stop this practise. Solitary confinement
was also abolished after this report. All convicts who were the below of 29 years of age were
to be cared under the adult education programmes and libraries were also established in the
jails. The quality of food was also improved and two pairs of clothes should be provided to
the prisoners.

The main idea or purpose of the committee was the reformation of the inmates which was the
ultimate object of imprisonment and rehabilitation of prisoners as social necessity. This
prison reform system received a sudden obstruction due to the constitutional changes which
was brought by the Government of India Act, 1919. This Act transferred the control of the
Jail Department from the Government of India to the Provincial Government.

MODEL PRISON MANUAL

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The Model Prison Manual 1960 is the guiding principle for prison management in India.
Under this a working group was formed whose task was to look into the reformative angle
into the prison reform. It also made an important recommendation with regard to the
classification and treatment of offenders and laid down certain principles.

Constitutional Provisions:

o Article 21: It protects prisoners against torture and inhuman treatment. It also
ensures timely trials for prisoners.

o Article 22: An arrested person must be promptly informed of the reasons for
their arrest and has the right to consult and be defended by a lawyer of their
choice.

o Article 39A: Ensures free legal aid to ensure justice for those unable to afford
legal representation

Under the Indian constitution prison administration was the subject of state. This organisation
was headed by the Inspector General of Prisons. This organisation consists several central
prisons, sub jails, district jails. All states adopt different patterns of jail administration. The
central jails are intended for long term prisoners who were convicted in court.

PRISONS ACT, 1894

• The Prisons Act, 1894 regulates the prison system.

• It contains XII Chapters and 62 sections

• The Act lists out the duties of the various categories of prison officials

• The Act provides for classification of prisoners and the sentences of whipping was
abolished.

• The rights of prisoners are covered under the Prison Act, 1894.

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• The Management of the prisons in all matters relating to discipline, labour, expenditure,
punishment and control shall be under the Superintendent, subject to the orders of the
Inspector General

• The Act lays down the details regarding records to be maintained, the medical and
employment programmes etc., in prisons.

• It provides for separation, of male and female prisoners, of male prisoners under the age of
21 years and those above it, of unconvicted and convicted prisoners and of civil and criminal
prisoners.

The Act also prescribes the number of hours the criminal prisoners should be kept on work.
From a correctional point of view the significance of the Act lies in its provision for
classification, award of marks, shortening of sentences, reward for good conduct and lastly
prison employment for which the state government may make rules.

PRISON OFFENCES IN PRISONS ACT, 1894

 willful disobedience to any regulation of the Prison

 Any assault or use of criminal force
 The use of insulting or threatening language
 Immoral or indecent or disorderly behaviour
 Willfully disabling himself from labour refusing to work
 Willful idleness or negligence at work by any prisoner sentenced to rigorous
imprisonment
 Willful mismanagement of work by any prisoner sentenced to rigorous imprisonment
 Willful damage to prison property
 Tampering with or defacing any records or documents
 Receiving possessing or transferring any prohibited article

PUNISHMENT FOR SUCH OFFENCES

The Superintendent can punish such offences by:

 formal warning- recorded in punishment book and on prisoners history ticket

 Change of labour to some severe form

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  Hard labour for a period not exceeding seven days in the case of convicted criminal
prisoners not sentence to rigorous imprisonment
 loss of privileges admissible under the remission system
 Imposition of handcuffs
 Separate confinement for any period not exceeding three months
 Penal diet- prescribed by the state government (not more than 96 hours and repeat
after an interval of 1 week)
 Cellular confinement for any period not exceeding fourteen days
 Penal diet combined with cellular confinement

SOME COMMITTEE RECOMMENDATIONS

MULLA COMMITTEE 1980

All-India Committee on Prison Reforms also known as the Mulla Committee,

recommended various measures to enhance prison conditions and administration

 The condition of prisons should be improved by making available proper food,

clothing, sanitation
 The prison staff should be properly trained and organized
 After-care, rehabilitation and probation should constitute an integral part of prison
service.
 The media and public men should be allowed to visit prisons for transparency.
 Lodging of under trials in jail should be reduced to bare minimum and they should be
kept separate from the convicted prisoners.

THE KRISHNA IYER COMMITTEE 1987

 In 1987, the Government of India appointed the Justice Krishna Iyer Committee to
undertake a study on the situation of women prisoners in India.
 There should be necessary provisions to restore the dignity of women even if
convicted under criminal code. Government should make use of all possible material,
moral and spiritual resources for the purpose.
 It has recommended induction of more women in the police force in view of their
special role in tackling women and child offenders.

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ACTS GOVERNING PRISONS

• The Indian Penal Code, 1860.

• The Prisons Act, 1894.

• The Prisoners Act, 1900.

• The Identification of Prisoners Act, 1920.

• Constitution of India, 1950

• The Transfer of Prisoners Act, 1950.

• The Representation of People‟s Act, 1951.

• The Prisoners (Attendance in Courts) Act, 1955.

• The Probation of Offenders Act, 1958.

• The Code of Criminal Procedure, 1973.

• The Mental Health Act, 1987.

• The Juvenile Justice (Care & Protection) Act, 2000.

• The Repatriation of Prisoners Act, 2003

The Supreme Court of India- three principles

1. A person in prison does not become a nonperson;

2. A person in prison is entitled to all human rights within the limitations of
imprisonment; and
3. There is no justification for aggravating the suffering already inherent in the process
of incarceration

In the 21st century, the government has made significant strides in prison reform.

 The 2016 Model Prison Manual was introduced to standardize prison management,
focusing on prisoner classification, medical care, and vocational training.
 In 2018, the Prisons Development Fund was launched to modernize prison
infrastructure and support state-level improvements.

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  Model Prisons Act 2023 includes provisions for managing high-security and open
jails, ensuring prisoner welfare through legal aid, parole, and good conduct incentives,
and utilizing technology for transparent prison administration and security.

Types Of Prison In India

In India there are three levels of Prison such as Taluka level, district level and central level
(sometime it is also known as zonal /range level). The jails in these levels are known as Sub
jails, district jails and central jails respectively. In general, the infrastructure, security, medical
facilities, educational and rehabilitation facilities are better from sub jail to central jail. There
are also some other types of jail such as women jails, Borstal school, open jails, and special
jails.

Central Jail

The criteria for dividing a jail as a central jail are different from state to state. The common
feature of all states central jail is that those prisoners are confined in the central jails who are
sentenced to imprisonment for a long period that is more than two years. These jails are made
for lifers and for those people who commit heinous crime. In this type of prison, effort is
made to re-establish the morality and integrity of the prisoners.

District Jail

There is not much difference between the central jails and district jails. District jails are the
main jails for those states and union territories where there is no central jail.

Sub Jails

In India these sub jails play the role of the sub-divisional jails. These jails are the smaller
institution situated at the sub- divisional level of the state. These jails have the well organised
and better set up of prison because they are formed at the lower level.

Open Jails

The name of these types of jails may appear contradictory but this is true. These jails are the
minimum-security prisons. According to the Rajasthan Prison Rules open jails means the
prison without walls, bars and locks. In these jails only those convicted prisoners are admitted
who possess good behaviour and satisfying the norms which are prescribed in the prison
rules. Minimum security is kept in these jails and prisoners are engaged in the agricultural
activities and allowed to earn for their families.

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Special Jail

These jails are the maximum-security prisons and have special arrangements for the
prisoners. In these jails prisoners of particular class or classes are confined. Prisoners who are
confined in special jails are those who are convicted for the offence of terrorism, violent
crimes, habitual offenders, serious violation of prison discipline and inmates are violent and
aggressive towards other inmates.

Women's Jails

Women's jails are those which are exclusively only for the female prisoners. These jails are
established for the safety of the women prisoners. These jails comprise of female staff
members. These jails are existing at subdivisional, district and central level.

Borstal School

It is a type of youth detention centre and is used exclusively for the confinement of minors or
juveniles. The main and primary object of these schools are to ensure care, welfare and
rehabilitation of young offenders in which environment which is suitable for children and
keep them away from infecting atmosphere of the prison.

The juveniles in conflict with law are detained in Borstal School and provide various
vocational and educational training with the help of trained teachers. For the reformation of
juvenile and to prevent him from crime main emphasis given to the education, training and
moral influence.

Prison Problems

The Supreme Court in Rama Murthy v. State of Karnataka, identified as many as nine issues
facing prisons which need reforms. They are:

(1) Overcrowding:

(ii) Delay in trial;

(iii) Torture and ill-treatment

(iv) Neglect of health and hygiene

(v) Insufficient food and inadequate clothing

(vi) Prison vices

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(vii) Deficiency in communication

(viii) Streamlining jail visits

(ix) Management of open-air prisons.

Thus, a prison is something that is defined as a place of incarceration used for the individuals
who have committed an offence and whose trial is pending. Prison and their administration
are a State subject covered by item number 4 under the state list of seventh schedule of Indian
Constitution. State government has exclusively power related to the management and
administration of prison. It is governed by the Prison Act 1894 and the prison manuals of the
respective state governments. The state has primary role and responsibility and authority to
change the current prison laws, rules and regulations.

The central government only have power to give assistance to the states to improve security
in prisons, medical facilities, for the repair and renovation of old prisons, development of
borstal schools, facilities to women offenders, vocational training, modernisation of prison
industries, training to prison personnel and for the creation of high security enclosures.

Hussainara Khatoon v. Home Secretary (Bihar): The Supreme Court ruled that free legal
aid must be provided to indigent accused individuals to ensure their right to a fair trial.

Charles Sobhraj v. The Suptd., Central Jail: The Supreme Court acknowledged
that fundamental rights cannot be stripped away simply because someone is
incarcerated. Overcrowding in prisons was declared a violation of human rights.

Sunil Batra v. Delhi Administration (1978): This case affirmed that prisoners retain their
fundamental rights as long as they do not conflict with incarceration, including protection
from cruel and inhuman treatment.

Rama Murthy v. State of Karnataka (1997): The Court noted critical issues within prisons
such as overcrowding, delayed trials, neglect of health, and abuse, urging the government to
implement reforms.

RIGHTS OF PRISIONERS IN INDIA

 Right of Prisoners under Indian Constitution

Every person in India is ensured of equal treatment before the law or given equal legal
protection as per the Constitution of India. The rights of prisoners are not mentioned

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specifically, but the case T.V Vatheeswaran v. State of Tamil Nadu held that both convicts
and freemen are guaranteed protection by Articles 14, 19 and 21. The Indian courts
particularly the Supreme Court have recognized the human rights of prisoners in India. It has
been stressed by the Supreme Court that prisoners should be shown honour as well as
kindness, however they came to be imprisoned. As Mahatma Gandhi once said, “Criminality
is a sign of mental disturbance and jails should provide therapeutic environment.”

Article 14 of the Indian Constitution: Like any other citizen, prisoners have a right to basic
human rights, including the provision of wholesome food. Article 14 of the Constitution
ensures that everyone is treated equally by guaranteeing equality before the law and equal
protection under the law. Consequently, the notion of reasonable classification and the
principle that like things should be treated alike were provided by Article 14. Using this
article as a foundation and guide, prison officials can identify various prisoner groups and
their classifications with the goal of reformation.

Article 19 of the Indian Constitution: Article 19 of the constitution guarantees the six
liberties to every Indian. However, because of the nature of these freedoms, prisoners are
unable to use some of them. Two examples of fundamental rights that convicts are denied by
virtue of their conviction are the freedom to practise their profession and the freedom to
travel freely throughout India's territory.

Article 21 of the Indian Constitution: It states that “no person shall be deprived of his life
or personal liberty except according to the procedure established by law.” It is evident from
Article 21 of the Indian Constitution that it is open to both individuals who are free and those
who are incarcerated. Article 21 requires the State to protect everyone's life, regardless of
their guilt or innocence.

In the case of State of Andhra Pradesh v. Challa Ramakrishna Reddy, the Supreme Court
observed that the right to life is one of the basic human rights and held that even a prisoner,
be he a convict or under trial, continues to enjoy all his fundamental rights including the right
to life guaranteed to him under the Constitution. However, the convicts by mere reason of
their conviction are deprived of some of their fundamental rights such as the right to move
freely throughout the territory of India or the right to practice a profession. It was also held
that on being convicted of the crime and deprived of their liberty in accordance with the
procedure established by law, prisoners still retain the residue of constitutional rights.

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In the landmark case of Sunil Batra v. Delhi Administration, an important defence of
prisoners' rights was made. Justice Krishna Iyer stated that subject to reasonable prison
management standards, convicts who are under sentence of death shall not be denied access
to any communal facilities, including games, newspapers, books, moving around, or meeting
other inmates and visitors.

 Rights of Prisoners under the Prisons Act, 1894

The Prisons Act of 1894 is the oldest piece of legislation that governs prisons in India.

The main goal of this Act is to protect prisoners' rights while also promoting their
rehabilitation. In 2016, Parliament passed the Prisons (Amendment) Bill, 2016, which
amended the Prisons Act, 1894 to protect and care for prisoners in the modern day, in
compliance with the Indian Constitution, and to encourage their reintegration and
socialisation back into society.

Some of the key rights granted to prisoners under Prisons (Amendment) Act, 2016, as
well as the Prisons Act of 1894 are:

 Accommodation and sanitary conditions for prisoners.

 Provisions for the shelter and safe custody of the excess number of prisoners who
cannot be safely kept in any prison.
 Provisions relating to the examination of prisoners by qualified Medical Officers.
 Provisions relating to separation of prisoners, containing female and male prisoners,
civil and criminal prisoners and convicted and undertrial prisoners.
 Provisions relating to the prisoner’s right to health.
 In the case of a pregnant prisoner, her diet and work allocation shall be determined as
per medical advice.
 A pregnant prisoner shall be entitled to grant conditional parole for thirty days from
the expected date of delivery or thirty days from the date of delivery if the delivery
takes place while she is in prison.
 Provisions relating to the maintenance of hygiene or sanitation in jail premises so the
prisoners could maintain their health.

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  Provisions relating to the establishment of separate prisons to keep habitual and
hardcore offenders separately from the first-time offenders and the offenders
convicted for lesser crimes.
 Provisions relating to the skill training in prisons provided to the prisoners and
conduct workshops and seminars on such subjects as would be helpful for
rehabilitation of and for educating the prisoners

OTHER RIGHTS OF PRISONERS IN INDIA

Right to Live in Humane and Good Conditions: The Supreme Court issued several
directives in the case of Upendra Baxi v. State of U.P., to ensure that prisoners housed in the
Agra Protective Home are not subjected to cruel or dehumanising treatment. This preserves
the constitutionally guaranteed right to live in dignity (Article 21).

Right to Free Legal Aid: A person's right to have their preferred lawyer represent them is
guaranteed by Article 22(1) of the Indian Constitution. Legal assistance is also granted to the
impoverished and marginalised groups in society, including those who are accused, under
Article 39A of the Constitution.

The Supreme Court ruled in M.H. Wadanrao Haskot Vs. State of Maharashtra, that access
to legal representation is a necessary component of a fair process.

The Legal Services Authority Act (LSAA), 1987, also stipulates that any person in ‘custody’
is entitled to legal aid and the State may cover the cost if the individual is willing to accept it.

In Sheela Barse Vs. State of Maharashtra, the Supreme Court directed that when a person is
arrested, the police must immediately inform the nearest Legal Aid Committee and take steps
to provide legal assistance.

Right to Speedy Trial: One of the fundamental rights guaranteed to prisoners in India by
Article 21 is the right to a speedy trial. Both the accused and the innocent are entitled to this
privilege. According to the Constitution, a trial must be just, equitable, and reasonable.

In the case of Hussainara Khatoon v. State of Bihar, the Supreme Court highlighted the
shocking situation where a significant number of individuals, including children, were
incarcerated for extended periods while awaiting trial. The court expressed concern about the
delay in trial, especially for those who could not afford bail. The Supreme Court held that a

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procedure that keeps a large number of people behind bars without trial for an extended
period cannot be considered reasonable, just or fair and it does not conform to the
requirements of Article 21.

The Hon'ble Supreme Court in the case of Rattiram v. State of M.Ρ., also held that the
accused is entitled to a speedy trial. The whole purpose of a speedy trial is intended to avoid
oppression and prevent delay.

Right Against Custodial Violence and Death in Police Lock-ups or Encounters: The right
of Indian prisoners to be guarded from violence during their incarceration, which may take
place in judicial or police custody. Custodial deaths, sexual harassment, and physical torture
are examples of custodial violence. Nobody should be forced to endure torture or cruel,
barbaric, or humiliating treatment.

In the case of Sunil Batra v. Delhi Administration, a convict, Sunil Batra, reported violence
in prison to the Supreme Court. The court held that prisoners should be protected from
corporal punishment and violence.

Right Against Handcuffing and Bar Fetters: In the absence of compelling reasons,
handcuffing arrested individuals or prisoners awaiting trial is not appropriate. The Supreme
Court ruled that handcuffing is cruel and severe in the Prem Shankar Shukla v. Delhi
Administration case. A person under trial must not be allowed to escape, but it is considered
torture and humiliation to bind someone hand and foot, shackle their limbs, and make them
stand in court for hours on end. In general, undertrial detainees shouldn't be placed in
handcuffs or other fetters unless absolutely required.

Right to Information to any Friends, Relatives or Nominated Persons about arrest: In

accordance with Section 50A of the Criminal Procedure Code and the Supreme Court ruling
in Joginder Kumar v. State of UP, an arrested individual possesses the right to have a friend,
relative, or any other person nominated by them informed of their arrest and the location of
their detention. This right is integral to the protection of personal liberty under Articles 21
and 22(1) of the Constitution of India.

Right to Reasonable Wages in Prison: According to Section 53 of the Indian Penal Code,
prisoners serving rigorous imprisonment may be assigned work; however, this does not mean
that the work must be performed for free. Article 23 of the Constitution defines "forced

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labour" as any work performed by an individual, whether they are a free person or a prisoner,
for compensation less than the minimum wage.

In the case of People’s Union for Democratic Rights v. Union of India, the Supreme Court
noted that labour or services provided for remuneration below the minimum wage constitutes
forced labour. Such individuals can seek the enforcement of their fundamental rights by
asking the Court to direct the payment of the minimum wage.

PRISON SYSTEM IN KERALA

The prison system in Kerala, officially known as Kerala Prisons & Correctional
Services, manages correctional facilities including central prisons, district jails, open prisons,
and special jails. The system is governed by the Kerala Prisons and Correctional Services
(Management) Act, 2010, and other related rules and regulations. The primary goal of the
system is not only to house convicted individuals but also to rehabilitate them through
various programs and vocational training. The Department is functioning under the
Administrative Control of Home Department.

Training of prisoners in various vocational skills in the Prison has received a lot of
importance in all states and Union Territories of India. The Kerala prisons department is
carrying out vocational training programmes for benefit of prisoners. These training
programmes provide opportunities for the prison inmates to engage themselves in fruitful
pursuits during the term of their sentence in jails. Training for prison inmates not only affords
value for one’s work but also makes the prisoners learn new skills which would enable them
to follow a vocation after their release from the Jail.

In Pattaka Suresh Babu v. State of Kerala, the high court held that education is an integral
part of a prisoner’s reformation and that an inmate has the same right to education as a free
citizen. The judgment emphasised that prison education provides hope, aspiration and a
constructive way to utilise time, ultimately helping prisoners lead a better life after their
release.

• The Department is functioning under the Administrative Control of Home Department.

• The Prison Administration in Kerala is decentralized and organized into three ranges i.e.

 South Zone

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 Central Zone and

 North Zone.

GOVERNANCE

(a) DIRECTORATE:

• The Director General of Prisons & Correctional Services is Head of the Department of
Prisons and Correctional Services at State level and is assisted by Headquarters Deputy
Inspector General of Prisons and other supporting staff.

(b) REGIONAL ADMINISTRATION

Deputy Inspector General of prisons heads each range: South Zone, Central Zone and North
Zone

ACTS

1. Rights to Service Act 2012

2. The Kerala Prisons and Correctional Services Management Act 2010

3. The Kerala Borstal School Act 1961

4. The Travancore Cochin Prisons Act 1950 (Act XVIII of 1950)

5. The Prisons Act 1894 (Central Act IX of 1894)

RULES

1. The Kerala Prisons and Correctional Services Management Rules 2014

2. The Kerala Sub Jail Rules 1959

3. The Kerala Prisons Rules 1958

MANUAL

1. The Kerala Prison Manual 1979

SERVICE RULES

1. The Kerala Jail Service Amendment Special Rules 2010

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2. The Kerala Jail Subordinate Service (Amendment) Rules 2010

KINDS OF PRISONS IN KERALA

CENTRAL PRISON – 4

 Central Prisons & Corrcetional Homes are meant for confining persons sentenced to
undergo imprisonment above 6 months, detenues, prisoners convicted by Court
Martial and civil prisoners.
 Remand / Under Trial prisoners are also accommodated there, when overcrowding is
felt in nearby District Jails/Special Sub Jails/Sub Jails.
 There are 4 Central Prison & Correctional Homes, situated at Thiruvananthapuram,
Thrissur, Kannur and Malappuram.

HIGH SECURITY PRISON

 The first high security prison in the State was opened at Viyyur on July 03, 2019. The
Jail, constructed with state-of-the-art security facilities, has the capacity to house 600
prisoners. It has 192 cells. The three-storey building is situated in a nine-acre
compound and has an administrative block.
 A body scanner has been installed at the prison as part of the security arrangements. A
biometric fingerprint lock system is also in place for the entry and exit of staff and
others. Cells have been built in such a manner that the inmates in the other cells will
not see each other. CCTV cameras have been installed in all cells and premises.

OPEN PRISONS -3

 Open Prison & Correctional Homes are Prisons without walls having minimum
security.
 There are 2 Open Prison & Correctional Homes for male prisoners situated at
Nettukaltheri, Thiruvananthapuram and Cheemeni, Kasargod and the only one Open
Prison & Correctional Home for female prisoners is situated at Poojappura,
Thiruvananthapuram.

DISTRICT JAILS -13

 District Jails are meant for confining persons sentenced to undergo imprisonment up
to 6 months besides Remand / Under Trial prisoners.

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  There are 13 District Jails, situated at Thiruvananthapuram (Poojappura), Kollam,
Pathanamthitta, Alappuzha, Kottayam, Idukki (Muttom), Ernakulam, Thrissur
(Viyyur), Palakkad (Malampuzha), Kozhikode, Kannur, Wayanad (Mananthavady)
and Kasaragod (Hosdurg).

SPECIAL SUB JAIL -15

 Special Sub Jails are meant for confining persons sentenced to undergo imprisonment
up to 3 months besides Remand / Under Trial prisoners.
 There are 15 Special Sub Jails, situated at Thiruvananthapuram (Poojappura),
Neyyattinkara, Kottarakkara, Mavelikkara, Ponkunnam, Devikulam, Muvattupuzha,
Irinjalakkuda, Chittoor, Manjeri, Kozhikode, Vythiri, Kannur, Thalassery, Kasaragod.

SUB JAILS -16

 Sub Jails are meant for confining persons sentenced to undergo imprisonment up to
one month besides

Remand / Under Trial prisoners.

• There are 16 Sub Jails, situated at Attingal, Meenachil, Peerumade, Mattancherry,

Ernakulam, Aluva, Chavakkad, Viyyur, Alathur, Ottappalam, Perinthalmanna, Ponnani, Tirur,
Koyilandy, Vatakara, Kannur.

WOMEN PRISONS 3

 Women Prison & Correctional Homes are meant for confining women offenders
sentenced to undergo imprisonment irrespective of tenure and all Remand / Undertrial
women prisoners.
 Three Women Prison & Correctional Homes are situated at Thiruvananthapuram,
Viyyur and Kannur.

BORSTAL SCHOOL

 Borstal School is meant for housing adolescent offenders between the age of 18 – 21.
It is situated at Thrikkakkara, Ernakulam. It was shifted from Kannur on 05.08.1995.

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DRAWBACKS IN THE PRISON SYSTEM

The Supreme Court in Rama Murthy v. State of Karnataka, identified as many as nine issues
facing prisons which need reforms. They are:

(1) Overcrowding:

(ii) Delay in trial;

(iii) Torture and ill-treatment

(iv) Neglect of health and hygiene

(v) Insufficient food and inadequate clothing

(vi) Prison vices

(vii) Deficiency in communication

(viii) Streamlining jail visits

(ix) Management of open air prisons.

OVER CROWDING

Congestion in jails, particularly among undertrials has been a source of concern. Law
Enforcement Assistance Administration National Jail Census in 1970 had revealed that 52%
of the jail inmates were awaiting trial.

Obviously, if prison overcrowding is to be brought down then the under-trial population has
to be reduced drastically. This cannot happen without the courts and the police works
together. The wings of the criminal justice system would have to act harmonically.

Speedy trials are frustrated by a heavy court workload and complicated procedures, police’s
inability to produce the witnesses promptly, and a defence lawyer who was bent upon seeking
adjournments, even if such tactics harm his/her client.

Fast track courts have helped to a much extent, but it has not made any measurable
differences to the problem of pendency. Increasing the number of courts could not bring
about the desired difference as long as the current `adjournments culture’ continues.

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India’s overcrowded prisons confined more than half a million inmates at the end of 2021,
with a majority of them being those under trial for crimes they had allegedly committed.
Among the 5,54,034 inmates across India’s prisons, 77.1% were under-trials and 22.2% were
those who had been convicted by a court of law, data from the National Crime Records
Bureau (NCRB) shows. (Wire)

UNHEALTHY LIVING CONDITIONS

The overcrowding in the prisons leads to unsatisfactory living conditions. Although several
jails have reformed outlined earlier have focused on issues like diet, clothing, and cleanliness,
unsatisfactory living conditions continue in many prisons around the country.

STAFF SHORTAGE AND INADEQUATE TRAINING

Prisons in India have a sanctioned strength of around 49030 prison staff at various ranks, of
which, the present staff strength is around 40000.

The ratio between the prison staff and the prisoners in the Indian prison is approximately 1:7.

It means only one prison officer is available for 7 prisoners in India, while in the UK, 2
prison officers are available for every 3 prisoners.

UNEQUAL TREATMENTS AT PRISON

Special privileges are accorded to the minority of the prisoners who came from the upper and
middle classes of their irrespective of the crimes they have committed or the way they
comport themselves in prison.

INSUFFICIENT LEGAL AID

In India, legal aid to those who cannot afford to retain counsel which is only available at the
time of trial and not when the detainee is brought to the remand court.

Since the majority of prisoners, who are in lock up as well as those in prisons have not been
tried, the absence of legal aid until the point of trial reduces greatly the value of the country’s
system of legal representation to the poor.

The lawyers are not available at the point when many of them need such assistance.

INADEQUATE PRISON PROGRAM

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Despite the problems of overcrowding, manpower shortage, and other administrative
difficulties, innovative initiatives have been undertaken in some prisons.

For example, the Art of Living is carrying out a SMART program in Tihar Jail. It includes
two courses per month with follow up of the sessions every weekend.

A Srijan project is aimed at providing social rehabilitation there. Still, such programs are few
and far from Indian prisons.

In India, many prisons have vocational training activities, but these are often outdated even.
Hardly any of the prisons have well-planned prison programs providing daily structured
activities, vocational training, predischarge guidance, and post-prison monitoring.

ABUSE OF PRISONERS

Physical abuse of prisoners by the guards is another chronic problem in the prisons of India.
Some countries are still continuing to permit corporal punishments and the routine uses of leg
irons, fetters, shackles, and chains.

In many prison systems in India, unwarranted beatings are an integral part of prison life.
Women prisoners in Indian prisons are particularly vulnerable to custodial sexual abuse.

CUSTODIAL TORTURES /DEATHS

The torture brutal physical treatment in custody by police official is another major Problem of
jails in India.

Third degree tortures within four walls of prison occur frequently and many times they
remain unnoticed, such cases comes light when media or human rights commission gives any
attention on it.

The proper treatments of inmates mentioned in the prison acts and in various manuals along
with the guidelines of the apex courts are neglected by the police staff and sometimes it lead
to deaths of prisoner under the custody.

These tortures make victim to suffer mentally and physically and sometimes it gets long time
for them to recover from that trauma.

The Reports of national human rights commission and state human right commission depicts
growth of such incidents in last two decades.

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SUGGESTIONS

 The basic dignity of an arrested person or convicted person must be given proper
respect.
 Protections of such dignities are mentioned in the universal declaration of human
rights as well as under Article 21 of the Indian constitution.
 It is the need of the hour that provisions of the security of prisoners mentioned in jail
manuals must be followed strictly and also well-equipped and trained prison staff
should be appointed to look for safety measures.
 Regular and timely inspections from judicial officers must be conducted.
 All the organs of police and administration must combine together so that effective
social rehabilitation of inmates can be secured.
 There is a need to make jails modern and technologically adept with stringent security
measures.
 It is also required to introduce better living and health facilities, libraries, and training
programs for prisoners to help them get back into society and initiatives to promote
mental development.
 if prison overcrowding is to be brought down then the under-trial population has to be
reduced drastically and this cannot happen without the courts and the police working
together.

CORRECTIONAL INSTITUTIONS OF MEN, WOMEN, JUVENILE AND OPEN

PRISON

WHAT ARE CORRECTIONAL INSTITUTIONS?

Correctional Institution: A penal institution maintained by the government. It is a detention

camp, detention home, detention house, house of detention. It is also an institution where
juvenile offenders can be held temporarily (usually under the supervision of a juvenile court).
A correctional institution used to detain persons who are in the lawful custody of the
government (either accused persons awaiting trial or convicted persons serving a sentence). It
is a prison, prison house where persons are confined while on trial or for punishment Finally,

26 | P a g e
it is a reform school, reformatory, training school for the detention and discipline and training
of young or first offenders.

India's correctional system for men includes a network of central jails, district jails, and
special prisons, including open prisons, aimed at rehabilitation and reintegration of
inmates. These institutions vary in size and function, with some focusing on high-security
confinement while others prioritize open-air environments and skill development.

Sec 2(4) of Model Prisons and Correctional Services Act. 2023:- Correctional Service
means any service or program aimed at the reformation and rehabilitation of an inmate, and
includes services related to the assessment, supervision, treatment, training, control, custody
of an inmate.

FUNCTIONS OF PRISONS AND CORRECTIONAL INSTITUTIONS

Chapter-II Section 3 of Model Prisons and Correctional Services Act. 2023:-

Functions of Prisons and Correctional Institutions -The functions of prisons shall be as

follows:

(i) to keep in safe custody, a prisoner committed to it under any writ, warrant or by
the order of any court or any other competent authority;
(ii) to take suitable measures for the safety and security of prisoners;
(iii) to provide the prisoners with food, clothing, accommodation, other necessities and
medical treatment;
(iv) to provide correctional treatment to the prisoners with the objective of
rehabilitating them in the society as law abiding citizens;
(v) to maintain discipline in the prison in accordance with the provisions of this Act
and the rules made thereunder.

CORRECTIONAL INSTITUTIONS OF MEN

What are the security categories for adult male prisoners?

Category A. This is where prison staff think you will harm someone outside prison and/or
you might try to escape so everything possible will be done to stop you escaping.

Category B. This is where prison staff think you should have no chance of escaping.

27 | P a g e
Category C. This is where prison staff think you will not escape, but that you cannot be
trusted in an open prison.

Category D. This is where prison staff think they can trust you to be in an open prison.

Closed prisons. These are Category A, B and C prisons. Most people in prison are in closed
prisons. These prisons are secure and people cannot escape from them.

Open prisons. These are Category D prisons. In these prisons you have more freedom than
in other prisons to move around and do things. You may have your own cell with your own
keys. You may be put in an open prison if staff think you can be trusted.

Central Jails:

 These are the primary correctional facilities within a state or union territory, often
housing a large number of inmates.

 Examples include Mumbai Central Jail, Harsul Central Jail (Chhatrapati

Sambhajinagar), Yerwada Central Jail (Pune), and Tihar Central Jail (Delhi).

 Tihar Jail, for instance, is the largest prison complex in South Asia and functions as a
correctional institution, providing inmates with skills training, education, and
opportunities for rehabilitation.

District Jails:

 These are secondary correctional facilities, often found in districts where there are no
central jails.

 They play a crucial role in managing the prison population at the local level.

 States like Uttar Pradesh, Bihar, Maharashtra, and Rajasthan have a significant
number of district jails.

Special Prisons:

 These facilities cater to specific categories of inmates, such as those with contagious
diseases or those requiring specialized care.

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  Some special prisons may also focus on specific types of offenses or offer unique
rehabilitation programs.

Open Prisons:

 Open prisons are designed to provide a less restrictive environment for well-behaved
inmates who have demonstrated self-discipline and social responsibility.

 These facilities often involve inmates in agricultural or other work activities while
maintaining a degree of supervision.

 Kerala has open prisons for both men and women, with facilities located in
Thiruvananthapuram and Kasargod.

Other Correctional Institutions:

 This category may include borstal schools, which focus on juvenile offenders, and
other specialized institutions designed for specific rehabilitation needs.

 The specific types and functions of these institutions can vary across different states
and union territories.

SECTION 6 MODEL PRISONS AND CORRECTIONAL SERVICES ACT. 2023.

Categories of Prisons and Correctional Institutions- (1) The Government may establish
various categories of Prisons and Correctional Institutions, such as:

a) Central Prisons
b) District Prisons
c) Sub Prisons
d) Open Correctional Institutions
e) High Security Prisons
f) Exclusive Women Prisons
g) Institution for Young Offenders

Section 26 of Model Prisons and Correctional Services Act. 2023: -

Grounds of classification and categories-

(1) The Classification and Security Assessment Committee may classify the
prisoners admitted into a prison according to their age, gender, length of

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 sentence, safety and security requirements, physical and mental health needs,
correctional needs, etc, as may be prescribed under the rules.
(2) The prisoners may be classified under the following broad categories:
(a) Civil prisoners;
(b) Criminal prisoners;
(c) Convicted prisoners;
(d) Undertrial prisoners;
(e) Detenues
(f) Habitual Offenders
(g) Recidivists
(3) The prisoners classified into different categories as above may be lodged in
separate barracks/enclosures/cells with a view to protect other prisoners from
negative influence and radicalised thought process of the
hardened/habitual/high risk prisoners.
(4) The prisoners may also be segregated gender-wise - male, female and
transgender and lodged separately.
(5) The prisoners classified in sub-section (2) above may be further classified
under the following sub-categories and lodged separately:
(a) Drug addicts and alcoholic offenders;
(b) First time offenders
(c) Foreign prisoners;
(d) Old and infirm prisoners (65+ years);
(e) Prisoners suffering from infectious/chronic diseases;
(f) Prisoners suffering from mental illness
(g) Prisoners sentenced to death;
(h) High risk prisoners;
(i) Women prisoners with children;
(j) Young Offenders
(6) Dangerous and high-risk prisoners shall be accommodated in special cells or
high security prisons

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CORRECTIONAL INSTITUTIONS OF WOMEN

WOMEN PRISONERS

Evry year, close to 3 lakh women are arrested for crimes under the Indian Penal Code (IPC)
and Special and Local Laws (SLL). By observing combined figures of both convicted and
undertrial prisoners we see that at 37%, a large proportion of women are in prison for murder,
followed by 15% women who are incarcerated for dowry deaths.

Statistics on Women in Prison

As per Prison Statistics India 2022 of NCRB,

 Out of the total 1,330 prisons in the country, 34 are Women Jails. Only 16 States/UTs
were having Women Jails (34 Women Jails) with a total capacity of 7080 in India.
These States/UTs (Number of Jails) (Capacity) are – Rajasthan (7) (998), Tamil Nadu
(5) (2018), Kerala (3) (232), Andhra Pradesh (2) (280), Bihar (2) (202), Gujarat (2)
(410), Punjab (2) (608), Uttar Pradesh (2) (540), Delhi (2) (680), Karnataka (1) (100),
Maharashtra (1) (262), Mizoram (1) (96), Odisha (1) (55), Telangana (1) (260),
Tripura (1) (25) and West Bengal (1) (314) and the rest of 20 States/UTs have no
separate Women Jail as on 31st December, 2022.

 The actual number of prisoners in the Women Jails was 4,258 (Occupancy Rate:
60.1%) which includes (18) Transgender inmates also as on 31st December, 2022.
The capacity of Women Inmates in other types of Jail (i.e. except Women Jails) was
24,077 with the actual number of women inmates in these jails was 19,532
(Occupancy Rate: 81.1%) as on 31st December, 2022.

 Thus, a majority of women inmates are housed in women’s enclosures of general

prisons.

Rules governing women in prison

As per the State List provided in the Seventh Schedule of Indian Constitution, all issues
related to prisons, reformatories, borstal institutions and other institutions of a like nature, and
persons detained therein; arrangements with other States for the use of prisons and other
institutions come under the domain of State Governments.

The rules of incarceration are determined by following laws:

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  Indian Penal Code, 1860
 Prison Act, 1894
 Prisoner’s Act, 1900
 Identification of Prisoner’s Act, 1920
 Exchange of Prisoner’s Act, 1948
 Transfer of Prisoner’s Act, 1950
 Prisoner (Attendance in Court) Act, 1955
 Probation of Offenders Act, 1958
 Code of Criminal Procedure, 1973
 Repatriation of Prisoner’s Act, 2003
 Model Prison Manual, 2003
 Model Prison Manual, 2016

A National Policy on Prison Reforms and Correctional Administration had also been
framed in 2007, which gave a number of directives relevant to women prisoners –
maintenance of human rights of prisoners, avoiding overstay of undertrials etc. It further
states, “Women prisoners shall be protected against all exploitation. Work and treatment
programmes shall be devised for them in consonance with their special needs.”

National Model Prison Manual, 2016

The key features of the updated Model Prison Manual 2016 include emphasis on prison
computerization, special provisions for women prisoners, focus on after-care services, prison
inspections, rights of prisoners sentenced to death, repatriation of prisoners from abroad,
enhanced focus on prison correctional staff.

SPECIAL PROCEDURE FOR ARREST OF WOMEN

The CrPC contains certain special provisions for the arrest of women – the arrest of women
after sunset and before sunrise (except with the prior permission of Judicial Magistrate First
Class) is prohibited and a female arrestee is mandated to only be searched by a female officer
with due regard to decency.

The police official arresting the woman should ideally be dressed in plain clothes and not
their uniform so as to reduce the stigma associated with incarceration.

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Provisions should also be made for the custody of minor children of the woman at the time
of arrest. She must provide in writing the name and details of the person with whom she
wishes her minor children to stay during her period of incarceration, and this must be
complied with strictly. In case where no family/friends are available to care for the child
and he/she cannot accompany the mother to prison; the child should be appropriately
placed in a Child Care Institution.

PREGNANCY AND CHILD BIRTH IN PRISON

 In case of pregnant prisoners, the provisions of the National Model Prison Manual
must be followed strictly to make arrangements for temporary release for delivery
of children in a hospital outside the prison.
 Suspension of sentence may be considered in the case of casual offenders.
 Information about a woman’s pregnant status should also be made to the Court that
has ordered the detention, to enable the Court to grant bail (where appropriate) or
modify the detention order as deemed necessary.
 The birth certificate of the child born to a woman in prison should never
mention the prison as place of birth to protect them against social stigma.
 Pregnant and lactating women should be provided with special diet as per the
National Prison Manual.
 Mothers in postnatal stage should also be allowed separate accommodation to
maintain hygiene and protect their infant from contagion, for at least a year after
childbirth.
 Further, instruments of restraint, punishment by close confinement or disciplinary
segregation should never be used on pregnant or lactating women.
 Pregnant and lactating women should receive advice on their health and diet under a
programme to be drawn up by a qualified health practitioner.
 Inmates should not be discouraged from breastfeeding their children.
 Medical and nutritional needs of women prisoners who have recently given birth
whose babies are not with them in prison, women who have undergone abortion or
have had a miscarriage should also be included in treatment and nutrition
programmes.

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  Women prisoners must have access to urine pregnancy test kits within prison, as
per their requirement, free of cost.
 Pregnant women must also be provided information and access to abortion during
incarceration, to the extent permitted by law.
 Pregnant women must be given the option to take up work during their pregnancies
and in the post - natal phase if they so choose. Work provided to them must be suited
to their health conditions.
 Aadhar cards must be made for all inmates, especially for mothers and infants to
enable them to become beneficiaries of various government welfare schemes.

Children of women prisoners

When deciding on the prison to which the woman is to be sent, regard should be had to her
caretaking responsibilities if she has a child, and as far as possible, the woman must be given
the choice of selecting the prison.

Children must be kept in the prison in a manner that they are not made to feel like
offenders. Administration should ensure that the facilities provided are tailored towards
children living under their care. NGOs, schools and paediatricians can be engaged to ensure
that children in prisons have access to basic facilities of education, day care, recreation and a
healthy lifestyle.

To the extent possible, prison administration shall strive to create a suitable environment
for children's upbringing, which is as close as possible to that of a child outside prison. E.g.
airy rooms with adequate natural light, minimum security restrictions, outdoor play area,
opportunity to socialize with peers outside prison if not available within prison etc. The
Board of visitors shall inspect these facilities at regular intervals. Women prisoners whose
children are in prison with them shall be provided with the maximum possible opportunities
to spend time with their children.

Children should receive a special diet and be regularly examined by a Lady Medical
Officer at least once a month to monitor their physical growth and condition of physical and
mental health. They should have access to a Lady Medical Officer as per their need.

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Children, whether living in prison or visiting, should never be treated as prisoners. The
prison staff must display sensitivity, respect and dignity when searching children. Body
cavity searches should never be applied to children.

Ideally, no child shall be admitted into or retained in prison if he/she has attained the age of
six years. The best interest of the child should be the determining criteria to determine
whether and for how long they should stay with their mothers in prison.

In case where no family/friends are available to care for the child and he/she cannot
accompany the mother to prison, the child should be appropriately placed in a Child Care
Institution. It must be ensured that children of the same woman prisoner are housed together
in alternative care. The prison administration must ensure that the child be placed in a manner
that she/ he can interact with the mother regularly at least once a week.

Children must be removed from the mother’s care with utmost sensitivity, and only after
making adequate arrangements for his/her stay. A register recording particular of
guardians/persons in whose custody the children of women prisoners are kept must be
maintained. It should also be ensured that the inmate could take custody of her child from the
Child Care Institution on her release from prison. In case of foreign nationals, removal and
alternative arrangements should only be done in consultation with their consular
representatives.

The place of interaction between inmates and their children living outside prison should be
one where easy conversation can take place, in a positive environment, where physical
contact is possible between mother and child.

Overnight visits for minor children living outside prison to maintain a bond with their
mothers must be allowed at least once every quarter. A separate area with a positive homely
environment must be provided within the prison for purpose of this stay with the m other.

Prisons should provide educational scholarships for women inmates’ children above 6
years. E.g. In Tihar Jail, Delhi, children of inmates who are from Delhi are provided
educational scholarship of Rs. 3,500 for one child and Rs. 6,000 for two children per month,
subject to conditions like income etc. This could be replicated in other states as well.

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Living arrangements

Women prisoners sentenced to six months imprisonment or below should be issued 3 sets of
clothing, 2 towels and 3 sets of customary undergarments. This number will increase to 5 sets
of clothing, 3 towels and 5 sets of customary undergarments for women sentenced to over six
months. Inmates should be able to choose type of clothing from a set of options as per
preference. At a minimum this should include saree with blouse and petticoat, kurta with
salwar and dupatta, shirt with trouser/long skirt in light colours, but not necessarily white.

Women in their post-natal phase must be given separate accommodation for one year after
delivery to maintain a certain standard of hygiene and to protect the child from infections and
other diseases. Also, sick women prisoners must be kept isolated for health purposes.

Improvement of health and nutrition

 Comprehensive health screening of women must be done on admission, with due

regard to their right to privacy, dignity and confidentiality, including their right
to refuse screening. This will help in identifying health issues, providing adequate
treatment and in preparing an individualised health and diet plan for the inmate.
Routine tests must be done periodically thereafter.
 There should be comprehensive medical check-ups on an annual basis, regular
medical check-ups on a monthly basis and access to a lady medical officer at all times
for check-up, testing, treatment etc. as needed by the inmate. Papanicolaou tests and
screening for breast and gynaecological cancer should be done for women on a
regular basis. In case lady medical officer is not available, prisoner will be
transferred to the nearest medical facility where a lady doctor is available.
 Women with mental health issues must be transferred to appropriate institutions rather
than keeping them in prisons. Inmates should have access to female
counsellors/psychologists at least on a weekly basis or as frequently as needed by
them. First-time offenders must especially be counselled on admission, to prevent
recidivism.
 Sterilized sanitary pads should be issued free of cost to women prisoners as per
their requirements with no maximum limit.
 Information about preventive measures for HIV, STDs or other gender-specific
diseases must be provided.

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  The prison staff must undergo mandatory training in gender - specific needs of
women, first aid and basic medicine to tackle emergencies and minor issues
effectively.

Addressing violence

 Body searches must be conducted as per clearly formulated guidelines. While

searching women prisoners, the least intrusive mode should be adopted as considered
appropriate in the situation. The type of search to be conducted should be
communicated clearly to the inmate and reason for the same should be explained. In
case of strip searches, they should be conducted in two distinct steps with upper body
and lower body examined one after the other to avoid complete nudity at a given time.
Body cavity searches should be avoided, as far as possible. CCTV cameras must be
used with due regard to the dignity and privacy of women prisoners.
 A written record should be kept of the type and frequency of searches for all inmates,
which should be available for examination by official visitors.
 All staff involved in the custody, interrogation and treatment of prisoner must be
sensitised on gender-issues, human rights and sexual misconduct.

WOMEN PRISONER’S RIGHT UNDER THE PRISONER’S ACT, 1894:-

Section 27. Separation of prisoners. — The requisitions of this Act with respect to the
separation of prisoners are as follows: -

(1) in a prison containing female as well as male prisoners, the females shall be imprisoned in
separate buildings, or separate parts of the same building, in such manner as to prevent their
seeing, or conversing or holding any intercourse with, the male prisoners

The United Nations Standard Minimum Rules for the Treatment of Prisoners

Separation of categories Rule 11 The different categories of prisoners shall be kept in

separate institutions or parts of institutions, taking account of their sex, age, criminal record,
the legal reason for their detention and the necessities of their treatment; thus: (a) Men and
women shall so far as possible be detained in separate institutions; in an institution which

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receives both men and women, the whole of the premises allocated to women shall be
entirely separate;

Rule 28 In women’s prisons, there shall be special accommodation for all necessary prenatal
and postnatal care and treatment. Arrangements shall be made wherever practicable for
children to be born in a hospital outside the prison. If a child is born in prison, this fact shall
not be mentioned in the birth certificate.

Rule 48(2). Instruments of restraint shall never be used on women during labour, during
childbirth and immediately after childbirth.

Rule 81

 In a prison for both men and women, the part of the prison set aside for women shall
be under the authority of a responsible woman staff member who shall have the
custody of the keys of all that part of the prison.

 No male staff member shall enter the part of the prison set aside for women unless
accompanied by a woman staff member.

 Women prisoners shall be attended and supervised only by women staff members.
This does not, however, preclude male staff members, particularly doctors and
teachers, from carrying out their professional duties in prisons or parts of prisons set
aside for women.

PROBLEMS - Ministry of Women and Child Development Government of India

REPORT

 There is a huge shortage of staff in almost every jail of the country - The lack of staff
in the context of women prisoners translates to the reality that male staff often
becomes responsible for female inmates, which is undesirable. The presence of
women inmates necessitates gender-specific services, which should be provided by
female staff

 Overcrowding is one of the key problems plaguing Indian prisons - The effects of
overcrowding often become even more pronounced in the case of women, as they are
usually restricted to a smaller enclosure of the jail due to lack of proper infrastructure
for them

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  Women did not even have adequate sleeping arrangements in jails and had to sleep on
the floor

 There are usually a small number of bathrooms and toilets catering to a

disproportionately large prison population

 Women’s health needs, covering mental, physical, sexual and reproductive health,
require particular attention.

 Not only the absence of disease but also the presence of a feeling of wellbeing and
happiness - Women’s health needs, covering mental, physical, sexual and reproductive
health, require particular attention.

 Basic education is not universally available to women prisoners. Access to higher

levels of education is almost entirely missing - Visits by NHRC to various prisons
have revealed that basic education is not universally available to women prisoners.
Access to higher levels of education is almost entirely missing. Even in cases where
libraries exist in jails, they are many times not accessible to women inmates.

 Prison administration must ensure that female inmates are paid at par with male
inmates

 All staff assigned to work with women prisoners is to receive training on gender
specific needs and human rights of women

 Prison administrations should be extremely strict in dealing with cases of violence

against women prisoners.

 The social stigma attached to women living in prison is often so severe that female
inmates do not receive visits or phone calls very frequently.

KERALA

Women Prison & Correctional Homes serve as facilities for incarcerating female offenders,
regardless of their sentence length, as well as accommodating women prisoners awaiting trial
or those under remand.

These institutions are located in three distinct areas: Thiruvananthapuram, Viyyur, and
Kannur.

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  Out of the 5,73,220 prisoners, 5,49,351 were male prisoners, 23,772 were female
prisoners and 97 were transgender.

 Uttarakhand has reported the highest female occupancy rate (166.5%) followed by
Bihar (146.8%) and Uttar Pradesh (128.2%). However, the highest number of female
inmates were confined in the jails of Uttar Pradesh (4,809) followed by Bihar (2,938)
and Madhya Pradesh (1,911).

 Women Prisoners with Children: There were 1,537 women prisoners with 1,764
children as on 31st December, 2022. Among these women prisoners, 1,312 women
prisoners were undertrial prisoners who were accompanied by 1,479 children and 198
convicted prisoners who were accompanied by 230 children.

 A majority of female inmates are in the age group of 30 - 50 years (51.5%), followed
by 18-30 years (28% ).

CORRECTIONAL INSTITUTIONS OF JUVENILE

Golden words by Gabriel Mistral (Nobel prize winner from Chile)

“We are guilty of many errors and faults; But our worst crime is abandoning the children,
Neglecting the foundation of life, many of the things we need can wait, The child cannot wait;
Right now is the time, His bones are being formed, His blood is being made and his senses
are being developed, To him, we cannot answer ‘tomorrow’; His name is ‘today’.’’

What is Juvenile Detention?

Juvenile detention centers are secured housing facilities for juvenile offenders. Their primary
purpose is for public safety. They provide shelter and rehabilitate juveniles who have
committed crimes away from the public.

There are several reasons to go to juvenile detention under the law, including various youth
offenses. Recently, there has been a shift from punishment to rehabilitation in dealing with
juvenile offenders. It now focuses on therapeutic approaches rather than punitive measures.

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Many of these facilities emphasize education, addiction treatment, counselling services, and
physical exercises to help juveniles reintegrate into society as productive citizens.

DEFINITION: Juvenile Institutions and Correction are an important part of criminology

which deals with the breaking of the law by young persons and the treatment of such young
offenders. Where laws are broken by persons under the maturity age (18 years), certain
processes in juvenile justice are to be employed.

In India, children who come into conflict with the law, often referred to as "juvenile
offenders," are governed by the Juvenile Justice (Care and Protection of Children) Act,
2015. This act provides a separate legal framework for dealing with children who commit
offenses, emphasizing their care, protection, and rehabilitation rather than punishment.

CLASSIFICATION OF JUVENILE

Juveniles in India are categorized in two groups, one which comprise of Child In Need Of
Care and Protection and the other Children in Conflict with Law. In both cases children
means a person who is below the age of 18 years. The Juvenile Justice policy in India is
structured around the constitutional mandate prescribed as per Articles 15(3),39(e) and (f),45
and 47 and also the UN Convention on the rights of the Child (CRC) and UN Standard
Minimum Rules for Administration of Juvenile Justice (Beijing Rules).

The problematic children can be classified as vagabonds, orphans, destitute, beggars, truants,
mischievous children and children who are in conflict with law (girl /boy below the age 18
years and who has committed an offence). This is the category which needs to be attended so
that the future of the country is in safe hands. Corrections may be institutional or non-
institutional.

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The goals of corrections include

a. Reformation

b. Humanization

c. Recognition of the rights

d. Reorientation of institutions

Institution is a government or a registered non - governmental organization or a voluntary

organization prepared to own the responsibility of a child (person who has not completed the
age of eighteen years) and such organization is found fit by the competent authority.

These institutions are set at every district (in some places it is for group of districts)
separately for girls and boys. Each and every institution should have a separate residence
facility for different age groups with minimum requirements of dormitory, workshop,
classrooms, dining hall, recreation room, library, playground equipped with adequate
lighting, ventilation, sufficient treated drinking water, clean bathrooms and toilets, heating
and cooling arrangements, fire extinguishers, first-aid kits etc.

Every institution has a management committee which manages or monitors the progress of
the institution (every juvenile). The committee consists of the DCPO (District Child
Protection Officer) who is the Chairperson, Officer-in-charge who is the member Secretary,
and Probation Officer/Child Welfare Officer/Case worker who is a member of the committee.
The other members of the committee are - medical officer, Counsellor / Psychologist,
Workshop supervisor, teacher, Social worker who is a member of the CWC or JJB, Juvenile
representative and voluntary organizations providing services are special invitees.

COMMITTEES

There are two separate committees to handle the problematic children.

A. CWC-Child Welfare Committee-comprises of five members, one is the chairperson

and others are the members (at least one member should be a women),

B. JJB-Juvenile Justice Board-comprises of three members, a metropolitan Magistrate

who has special knowledge of the child welfare /social welfare and two social
workers out of which one should be a women representative.

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Once the children are institutionalized by the above committees they are kept in either of the
institutions like Children’s Home, Observation Home, Special Home, After-Care Hostel, Fit
Institution or they can be given for adoption /foster care.

Classification of Child in Conflict with Law.

Classification of Child in Need of Care and Protection

Statistics of Juveniles

There are approximately 1,195 Juvenile homes in India. According to NCRB (National Crime
Record Bureau), there has been a consistent upward trend in the occurrence of various
criminal activities committed by juveniles.

As per the analysis of NCRB reports: -

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  A total of 30,555 crimes were committed by minors in 2022 in the country: Delhi
ranks 6th on the list with more than 2340 cases against minors. In 2020, more than
2643 cases were reported against minors.
 Between 2013 and 2022, India has reported a total of 3,40,168 crimes by [Link]
statistics indicates that the sates of Madhya Pradesh, Maharashtra and Tamil Nadu
stand among the top 5 states in the number of crimes committed by juveniles.

Role of the police in Juvenile justice

The police as an organization play its role in three different levels. At the state level the
Inspector General of police is the Nodal Officer, then at the District /City level there is SJPU
(Special Juvenile Police Unit) headed by the SP and at the police station level there are
Juvenile or Child Welfare Officers (JCWO).

When the police apprehend the Juvenile, the case may be disposed if it is petty offence,
juveniles may be apprehended in non-serious offences in the interest of the child and in case
of serious offences the juvenile is apprehended. On apprehension the juvenile is not to be
handcuffed or sent to jail instead the juvenile is to be handed over to nearest JCWO. Later
information is to be given to the parents and probation officer to obtain Social Investigation
Report. The parents must be informed in detail regarding the date, time and place, need of
surety and bail bond, give a copy of the police report and asked to produce the proof of
juvenility. Before the juvenile is handed to the JCWO it is the responsibility of the police to
look after the food, safety and other amenities and to see that the juvenile is produced before
the Board within 24 hours.

Children’s home

These are established by the State government or in association with the voluntary
organizations, in every district (or group of districts) for the reception, care, treatment,
education, training, development and rehabilitation of the child in need of care and
protection. They are registered as child care institutions and certified. Children of both sexes
below the age of ten years can be kept in a single home but facilities may differ from age to
age i.e. facilities for infants differ from those above the age of five years. For children above
the age of ten years separate institutions must be set up for boys and girls. The main objective

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of the children’s home is to promote an integrated approach to child care by involving the
community and NGO’s.

Shelter homes

The State government assists the voluntary organizations to set up and administer homes
where a child is brought and kept in emergency by any police officer/SJPU/any public
servant/child line/voluntary organization/social worker/public/child himself. Shelter Homes
include short stay homes (temporary stay for a maximum period of one year), Transitional
Homes (immediate care for a maximum period of four months), 24 hours drop-in centres (for
day care or night shelter) There shall be separate shelter homes for girls and boys with
minimum lodging and boarding facilities.

Adoption

When the child is in the children’s home the committee shall give the child in adoption to a
family who is willing and capable to take full responsibility of the child. (Provided all the
conditions of JJ Act and the Adoption Act are fulfilled). The primary aim of adoption is to
provide permanent substitute family to a child whose biological parents are not able to take
care.

Foster care

Children from children’s home may be placed or given the responsibility of care and
protection to other families for a short or temporary period. During this the child’s own
parents can go and meet the child and also the child may return to his own family. Foster care
can be provided only to those children who cannot be given in adoption. The foster parents
must be emotionally stable, financially sound, medically fit and must be able to take care of
the child. There shall be no discrimination of caste, religion, ethnic status etc but decision
will be taken in the best interest of the child.

Sponsorship

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It’s a supplementary support provided to children’s home, special home or to the families to
meet the medical, educational, nutritional and other needs of children. It may be individual,
group or community sponsorship.

After-care hostels

Set up by the State government for juveniles above 18 years of age and those who leave the
children’s home and special home. The maximum period of stay is three years i.e. up to the
age of 21 years. The programme encourages providing vocational training to gain
employment and gradually sustain themselves without any support. A stipend will be
provided during the training period and also loans may be arranged to set up entrepreneurial
activities.

Children in these institutions must be provided with the following facilities:

a. Accommodation along with bedding and clothing.

b. Sanitation and hygiene - Water facility for drinking and cleaning

c. Proper drainage system, sufficient toilets and bathrooms

d. Diet - 4 meals a day (special diet for sick, special meals on holidays and festivals)

e. Medical - monthly medical check-up

f. Drug abuse preventive programmes etc

Education - Arrangements for inside and outside the institution, extra coaching classes. Daily
routine including physical exercise, recreation, vocational training etc.

The fundamental principles of Juvenile Justice System are:

A. Principle of presumption of innocence.

B. Principle of dignity and worth.

C. Principle of right to be heard.

D. Principle of best interest.

E. Principle of family responsibility.

F. Principle of safety.

G. Positive measures.

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 H. Principle of non-waiver of rights.

I. Principle of equality and non-discrimination.

J. Principle of right to privacy and confidentiality.

K. Principle of last resort.

L. Principle of fresh start.

M. Principle of repatriation and restoration.

N. Principle of non-stigmatizing semantics, decisions and actions.

Probation officers play a vital role in Juvenile Justice System. They must be a friend,
philosopher and a guide to the juveniles. Once the juveniles are handed over by the SJPU
they are under the probation officers. The PO is appointed by the State government. Honorary
PO is appointed by the voluntary organizations. The future of the juvenile is the hands of the
probationary officers.

After the juvenile is apprehended the PO has to collect information of antecedents and family
background, School and work record, neighbourhood information of the juvenile, prepare the
investigation report, take a photograph of the juvenile, supervise the juvenile in case of bail/at
the time of final order/post release, assistant the institution. When a juvenile is placed under a
PO he is the case worker, and has to prepare the care plan and follow up of the juvenile. They
should also assist the juvenile to develop contact with the family, assist the family members,
visit place of residence school/occupation, help in social reintegration (by establishing
linkages with voluntary organizations) and follow up the juvenile even after release.

On reception of the juvenile a thorough search is made, given bath and hair cut (if necessary)
all his belongings are disinfected and kept safely. Juvenile is issued with necessary items like
clothes, bedding, soaps etc. Medical examination is made and if necessary, treatment is given
in case the juvenile is suffering from any contagious or infectious diseases. Later the juvenile
is placed in the prescribed place of residence and his daily activities of education and other
necessary routine work are taken care of. The juveniles are provided with facilities of
communication (to talk with their parents/relatives), visit by the parents/guardians and also
leave facility where the juvenile is escorted either by the parents or the PO. If the juvenile
escapes during leave than the case must be reported to the nearest police station.

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Suggestions

As it is the state ‘s responsibility to take care of the children of both the categories i.e. the
CICWL and the CINOCAP, the urgent need of the hour is to identify the areas contributing to
it and plan a strategy to prevent by overcoming the reasons leading to delinquency. The State
must be in such a position so as to handle such cases, therefore plan to provide the basic
requirements to these children as required. Preventive action must be planned so as bring
down the rate of Delinquency. Adequate well-trained staff to be recruited to meets the
increasing demand and curb the problems of delinquents.

OPEN PRISON

All prisoners are not dangerous criminals and not even some of those who have committed
serious offences. Open prisons in one form or another have been in existence in India for a
long time. In India, there are 44 open prisons and more than half of them exist in the State of
Rajasthan (23 in number). Open prisons have developed better in some states of India than in
others for a variety of reasons.

Open jails, based on the reformative theory of justice, focus on rehabilitating inmates
rather than solely punishing them.

The Open Prisons restore the dignity of the individual and give a sense of self confidence and
self-reliance by instilling a sense of responsibility in the individual. Several States in India
have such opens prisons.

Open Prisons in India

Special kind of jails that provides opportunities of employment and living a life in the open to
the convicted prisoners. Open jails are special Jails that exclusively confines only convicted
prisoners. Convict Prisoners with good behaviour, satisfying certain norms prescribed in the
prison are lodged in open prisons. Minimum security is kept in such prisons and prisoners are
engaged in agricultural activities.

The concept is based on principles of self-discipline and “trust begets trust” which, if
managed properly, can reform the human resource. The philosophy on the basis of which the
open prison exists is reflected in the two dictums of Sir Alexander Paterson. First, a man is

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sent to prison as punishment and not for punishment. Second, one cannot train a man
for freedom unless conditions of his captivity and restraints are considerably relaxed.

The positive effects of open prisons are –

 It lessens the damage to offenders and society

 It reduces the overcrowding in prisons
 It costs far less for the State to have people living in open prison than to pay for their
upkeep in the jails and finally
 It inculcates a sense of social responsibility towards family and society

The appreciation of open prison as an effective institution for rehabilitation of offenders have
been highlighted by Supreme Court as late as 1979 in Dharambeer v State of U.P. the court
observed that the institution of open prisons has certain advantages in the context of young
offenders who could be protected from some of the well-known vices to which they were
subjected to in ordinary jails.

The main objectives/reasons of establishing open prisons are:

 To reduce overcrowding in jails,

 To reduce prison expenditure, as these prisons not require expensive security
arrangements
 To create the atmosphere with the prison which is favorable, to improvement and
rehabilitation
 To reward good behaviour,
 to give training in self-reliance,
 to prevent frustrations and create hope among long-termers,
 to examine the suitability of releasing offenders from prisons, and

In simple words the ill effects prisonization get liquidated. Due to excessive terrain and free
movements the inmates psychologically feel relaxed and tension free which is a condition
precedent for bringing an attitudinal change and making him friendly to rehabilitative
techniques. Its greater object is his moral regeneration. It ensures better efforts and
measure for protecting the rights and dignity of the prisoners and to facilitate the goal of their
reformation and rehabilitation. Open air camps in Rajasthan have proved to be extremely
successful and it is urgently required that such camps should be setup in all states with active
support of civil society.

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Origin of Open Prisons and Philosophy behind it:

The need of change of attitude towards the treatment of prisoners has been growing since
independence. The policy of repression and vengeance is being gradually replaced by the
policy of protection through corrective and preventive measures. And concept of open
prison was introduced.

In the closing years of 19th century, a semi open prison institution called the Witzwill, was set
up in Switzerland (1891). However, in modern sense first open prisons were established in
UK, in 1936 called as NEW HALL CAMP and in USA around 1940.

In India, the first open prison was started in 1905 in Bombay Presidency. The prisoners were
selected from the special class prisoners of Thane Central Jail, Bombay. However, this open
prison was closed in 1910. The state of Uttar Pradesh established the first open prison camp
(Pen camp) in 1953 for the construction of a dam over Chandraprabha 1iver near Benaras
(now 'Varanasi").

Today open prisons exist in most of the states in India except in Union Territories. Till 1980
there were only 27 open prisons in India whereas the existing position is that they are 44 in
number and more than half of them exist in the State of Rajasthan (23 in number) Finally, the
concept of an open prison for women, which was long overdue, has become a reality. The
(first open prison for women in India was established at Yerwada, Pune in 2010 and the first
open prison for women in South India has been opened at Poojappura, Kerala in 2012.
Selected women prisoners are shifted to these new prisons.
Women prisoners here are allowed to roam the premises and farmland in related freedom.
There are many jails throughout the country only for men, now the women prisoners may
also be able to get the same benefits which their male counterparts are entitled to.

Philosophy of open prisons:

The philosophy underlying those minimum-security institutions is based on the following

basic assumptions: -

i. A man is sent to prison as punishment and not for punishment.

ii. You cannot train a man for freedom unless conditions of his captivity and restraints
are considerably relaxed.
iii. The gap between the institutional life and free life outside the prison should be
minimised so as to ensure the return of inmate as a law abiding member of society.

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 iv. The maxim “trust begets trust” holds good in case of prisoners as well. Therefore
certain degree of freedom responds favourable and prisoner would not betray the
confidence reposed in them.

Eligibility Conditions

Eligibility conditions for admission to open prisons vary from state to state. The main
conditions are:

(1) Prisoners should be willing to abide by the rules of open prisons

(2) They should be physically and mentally fit to work

(3) They should have been sentenced for terms of one year or more and must have spent
at least one-fourth of the total term of imprisonment in jail

(4) They should have record of good behaviour in prisons

(5) They should not be below 21 years or above 50 years of age as prescribed by the state

(6) They should not have been convicted for certain types of crimes like dacoity,
forgery, counterfeiting, etc.

(7) They should not have any case pending in the courts

(8) They should not be habitual offenders

The superintendents of prisons prepare lists of prisoners to be sent to open prisons on the
basis of the eligibility conditions as described above. These lists are sent to the selection
committees which examine each case-history and make the final selection.

Advantages of Open Prisons:

1. They help in reducing overcrowding in jail

2. It controls the criminalisation by separating the new comer from the habitual criminal.

3. Open prisons are conducive (helpful to) to rehabilitation and improvement.

4. Construction and operating cost are fairly reduced.

5. Open prisons create a sense of self respect, freedom and discipline.

6. The prisoners in an open-air facility learn avocations which can help them earning
livelihood upon release.

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 7. Engaging inmates of open-air prisons in productive work reduces idleness and thus
keeps them physically and mentally fit.

Limitation of Open Prisons:

 It is argued by many commentators that open prisons are just the same old wine in
new bottles, as the mentality of the prison staff is still the same with emphasis upon
strict discipline, security and monotony.
 Moralists and retributists argue that open prisons are soft and so not seem like
punishment thus depriving the criminal justice system of the value and utility of true
deterrence. Punishment in their opinion must be seen and felt to be harsh and open
prisons are not harsh enough to constitute punishment.
 It has been observed that the open system has been abused in some cases where due to
money power, influence or corruption, wealthy and influential convicts are
conveniently shifted to open prisons even though they are vicious and habitual and at
times even professional criminals.
 Several studies have concluded that treatment in an open institution hardly matters as
regards later recidivism. Any difference if at all shown is attributed to the quality of
intake of the prisoners.

The Model Prison Manual classifies open prison institutions in India into three types:

1. Semi-Open Training Institutions

2. Open Training Institutions/ Open Work Camps
3. Open Colonies

These institutions are graded in the increasing order of liberty granted to inmates and their
potential for reformation and reintegration into the society. All these institutions have a
properly demarcated area beyond which inmates are not allowed to go.

Semi-Open Training Institutions are generally attached to the closed prisons just beyond
the enclosed perimeter and are relatively more under security surveillance. Those prisoners
who show reformation potential are made eligible for further transfer to open prisons and
colonies.

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Open Training Institutions/Work Camps are started in places where activities, like digging
canals, water channels, construction of dams, roads, government buildings and prison
buildings, projects of land reclamation, land development and bringing uncultivated land
under cultivation, soil conservation and afforestation, can be organised.

In Open Colonies, inmates are allowed to bring their family members. Inmates and their
family members are given opportunities to work in agriculture or allied fields or in such
cottage industries or other allied suitable means of livelihood as can be conveniently
organised. Wages paid to the inmates and family members are at par with outside wages. The
inmates are to maintain themselves and their families with the wages earned by them in the
colony.

Minimum standards, as prescribed for the closed institutions, regarding accommodation,

equipment, sanitation, hygiene, medical services, diet and welfare services, are maintained.
Wages at these places are higher than those at the closed prisons. Extra concessions like
remission, leave and review are granted to the inmates of these open institutions. There
are no restrictions on the prisoners in respect of reading materials and are allowed to pursue
studies through open universities. A programme that is suitable for inmate’s training is
organised and cultural and vocational facilities are also provided.

Conclusion

There is no doubt that open prisons constitute a possible and humane alternative to
conventional prisons. Open prisons attempt to make the prisoner to settle in the society once
again after incarceration. It not only gives the prisoner a chance to cleanse himself internally
but also give him job skills and ability to lead an independent life. Open prisons concentrate
upon freedom, innovation, involvement, team work and trust and do away with the isolation
and stigma of walled institutions and coercive routine which scars the personality of the
prisoner and makes him feel unwanted and persecuted.

Open prison serves a dual purpose of eliminating criminals from society and reformation of
offenders under institutional treatment by blanketing out conditions which in the first place
turned them to law violators. Open prison is more favourable to the social adjustment of the
prisoners and at the same time more favourable to their physical and mental health. This open
prison helps the prisoners to boost his confidence and create in the mind of prisoners a
genuine desire for social readjustment.

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Role of Central and state governments in correctional administration

The central government of India plays a crucial role in prison reform and management, even
though law and order are primarily a state subject under the Indian Constitution. The central
government's involvement in prison reform is primarily through policy formulation, financial
assistance, and setting overarching guidelines. Here are some ways in which the central
government contributes to prison reform in India:

Policy Formulation: The central government formulates national-level policies and

guidelines for prison management, based on which state governments operate their prison
systems. These policies cover areas such as human rights of prisoners, legal aid,
rehabilitation, and reformation programs.

Financial Assistance: The central government provides financial assistance to state

governments for the construction of new prisons, renovation of existing facilities, and
implementation of various reform programs. This financial support is aimed at improving
infrastructure, living conditions, and facilities for inmates.

Model Prison Manual: The Bureau of Police Research and Development (BPR&D), under
the Ministry of Home Affairs, has prepared a Model Prison Manual that serves as a guide for
prison administration in states and union territories. This manual provides recommendations
for prison management, ensuring uniformity and adherence to human rights standards.

Capacity Building: The central government conducts training programs and workshops for
prison staff and officials to enhance their skills and knowledge in areas such as human rights,
prisoner rehabilitation, and modern prison management practices.

Research and Advocacy: The central government, through agencies like BPR&D, conducts
research and studies on various aspects of prison administration and criminal justice. The
findings and recommendations of these studies can influence policy decisions and reforms.

Prisoner Welfare Programs: The central government supports and promotes programs
aimed at the welfare, education, and skill development of inmates. These programs are
designed to facilitate the reintegration of prisoners into society upon release.

Monitoring and Oversight: The central government, through its advisory role, monitors the
implementation of prison reform policies and guidelines by state governments. This can

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include periodic assessments of prison conditions and compliance with human rights
standards.

International Commitments: India is a signatory to various international treaties and

conventions related to human rights and prison conditions. The central government plays a
role in ensuring that the country meets its international obligations in this regard.

Legal Framework: The central government can introduce and amend laws related to prisons,
such as the Prisons Act of 1894. These legal changes can reflect evolving principles of
justice, human rights, and prison management.

While the central government's role is important, it's essential to note that the actual
management and administration of prisons fall under the jurisdiction of state governments.
The central government's influence lies in providing guidance, resources, and standards to
ensure a more uniform and humane approach to prison management across the country.

Constitutional provisions

The Constitution of India contains several provisions related to prisons, prisoners' rights, and
the administration of justice. Here are some of the key constitutional provisions that pertain
to the prison system:

Article 21 - Right to Life and Personal Liberty: Article 21 of the Indian Constitution
guarantees the fundamental right to life and personal liberty. This provision has been
interpreted by the courts to include the right to humane treatment, dignity, and fair treatment
for prisoners. It ensures that prisoners are not subjected to torture, cruel, or degrading
treatment.

Article 19 - Freedom of Speech and Expression: While Article 19 guarantees certain

freedoms, including the freedom of speech and expression, these rights are subject to
reasonable restrictions. This can be relevant to prisoners' communications, particularly in
cases where their expression might incite violence or disrupt prison order.

Article 20 - Protection in Respect of Conviction for Offenses: Article 20 contains several

safeguards for individuals accused of crimes, including the principle that no person shall be
convicted of any offense except for violation of a law in force at the time of the commission

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of the act charged as an offense. This ensures that retroactive laws cannot be used to convict
individuals.

Article 22 - Protection Against Arrest and Detention: Article 22 provides safeguards against
arrest and detention, particularly for individuals who are arrested or detained. It outlines the
rights of arrested persons, such as being informed of the grounds of arrest and the right to
legal representation.

Directive Principles of State Policy (Article 37): While not enforceable in courts, the
Directive Principles of State Policy provide guidance to the government. Article 37 directs
that the principles stated in Part IV of the Constitution (which includes principles related to
the justice system) are to be taken into consideration in making laws.

Article 39A - Equal Justice and Free Legal Aid: Article 39A emphasizes that the state shall
ensure that the operation of the legal system promotes justice on a basis of equal opportunity
and provides free legal aid to those who cannot afford it.

Article 50 - Separation of Judiciary from Executive: Article 50 emphasizes the importance of

separating the judiciary from the executive in the state's public services, which indirectly
influences the independence of the prison administration and justice system.

State List (Seventh Schedule - List II): The Indian Constitution divides legislative powers
between the central government and state governments through three lists: Union List, State
List, and Concurrent List. Prisons, reformatories, and Borstal institutions are included in the
State List (List II), which means that the states have the authority to legislate and make
policies concerning these subjects.

Prisons Act, 1894: While the administration of prisons is a state subject, the Prisons Act,
1894, is a central legislation that provides a basic framework for the regulation and
management of prisons. States can adopt this act as their own or modify it to suit their
specific needs. However, they cannot make laws that are inconsistent with the provisions of
this central act

It's important to note that while the Constitution provides these protections and guidelines,
the practical implementation of these provisions often requires legislative action, policy
formulation, and court interpretations. The Constitution sets the framework within which
laws, regulations, and policies related to prisons and prisoners are developed and executed.

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