Why in news?
- The Ministry of Home Affairs (MHA) announced that it has finalised the preparation of the Model Prisons Act, 2023.
- The act will replace the current 130-year-old law i.e., Prisons Act, 1894.
What’s in today’s article?
News Summary
Prisons Act 1894
- It defines prison and demarcated prisoners into three different categories according to the nature of their crimes.
- These categories were - “criminal prisoner”, “convicted criminal prisoner” and “civil prisoner”.
- It dealt with provisions for accommodation, food, clothing, bedding segregation, and the discipline of prisoners, including solitary confinement.
- It also laid down provisions for the prisoners’ employment, health, and visits.
- However, the act had no provisions for reformation or rehabilitation.
- The act permitted whipping, provided that the number of stripes shall not exceed thirty, albeit for only male prisoners.
Rationale behind bringing a new model act
- Attempt to shift the focus
- The focus of the existing 130-year-old colonial law was retributive deterrence.
- It used punishment or the threat of punishment as a means to deter individuals from committing crimes.
- It focused on keeping criminals in custody and enforcing discipline and order in prisons, leaving no provision for reform and rehabilitation of prisoners.
- The new act aims to shift the focus of incarceration from “retributive deterrence” to “reform and rehabilitation”.
- Killings and gang violence within prisons
- The Model Prisons Act, 2023, is being introduced following the spate of killings and gang violence within prisons.
- One such incident was the killing of 33-year-old TilluTajpuriya, who was allegedly stabbed to death by members of a rival gang inside Tihar jail.
- The presence of a criminal nexus operating from inside prisons
- In November 2022, the National Investigation Agency (NIA) asked the Union Home Ministry to shift several dreaded gangsters lodged in north India’s prisons to those in the southern states.
- The NIA’s request to move nearly 25 gangsters was driven by the presence of a criminal nexus operating from inside prisons in Delhi, Punjab, Haryana, and Rajasthan.
Key highlights of the new provisions being proposed
- Aims to encourage good conduct
- The Model Act seeks to create provisions for the grant of parole, furlough, and remission to prisoners to encourage good conduct.
- Intends to bring about attitudinal change towards prisoners
- The new Act also intends to bring about attitudinal change towards prisoners and initiate vocational training and skill development for prisoners for their reintegration into society.
- Seeks to bring about transparency in prison management
- The new Act also seeks to bring about “transparency in prison management” and includes provisions for security assessment and segregation of prisoners.
- Additionally, it aims to provide separate accommodation for women and transgender inmates, ensure the physical and mental well-being of prisoners.
- Other provisions
- Individual sentence planning;
- Grievance-redressal;
- Prison development board and use of technology in prison administration;
- Protecting society from criminal activities of hardened criminals and habitual offenders.
- Establishing high-security jails and open, semi-open jails.
- New measures for prisoners to video conference with courts have also been introduced.
- However, if a prisoner is using prohibited items like mobile phones in jail, they will be punished for it.
Is the Model Prisons Act, 2023, binding on states?
- Constitutional Provision
- As per the provisions of the Constitution, ‘prisons’ and ‘persons detained therein’ fall under the State List.
- Hence, the responsibility of prison management and administration solely vests with the state government, which alone is competent to make appropriate legislative provisions in this regard.
- Supporting role played by the Centre
- Owing to the critical role played by ‘efficient prison management’ in the criminal justice system, the Centre finds it crucial to support the States and UTs in this regard.
- The Ministry of Home Affairs had clarified while announcing the 2023 Act that it may serve as a guiding document for the States so that they may benefit from its adoption in their jurisdictions.
