INTRODUCTION
“Democracy works but we gotta want it – not just during an election year, but all the days in between.”
– Barack Obama once famously said at the 2016 Democratic Convention in Philadelphia.
What comes first into our minds when we think of democracy? By the people, For the people, Of the people. But is democracy only that? Definitely not. It also includes equality & the human rights that are bestowed on every human on this planet. Equality in terms of having the right to shelter, the right to live with human dignity, the right to nutritional food, the right to a healthy environment, and last but certainly not the least, the right to health and medical assistance. These are not just some principles but the core values of a democracy.
But the real question being raised here is,
Is every citizen of India exercising these rights?
Let’s find out the answer to this question!
HISTORICAL CONTEXT
The Prisons Act 1894[1] governs the management & administration of prisons in India. The act was enacted during colonial rule in India—when the focus was more on punishment than rehabilitation. The need for a structured framework arose with the increasing number of inmates. The main focus of the Act was to maintain order within prisons and ensure that prisoners were kept in custody under strict discipline. It did not initially incorporate provisions for the reform or rehabilitation of inmates, reflecting the punitive nature of the colonial justice system. The Model Prisons Act of 2023[2], aims to address gaps in the existing framework by focusing on rehabilitation, and mental health support for prisoners and incorporating technology into prison management.
India is the world’s largest democracy. A few important goals and values enshrined in the Preamble of our Constitution are Justice and Fraternity. Justice reflects India’s commitment to ensuring fairness and equality in all aspects of life for the citizens. Fraternity signifies fostering a sense of brotherhood and belonging among the country’s citizens. The preamble states that fraternity must ensure two things i.e. the dignity of the individual and the unity and integrity of the nation.
CURRENT CHALLENGES IN PRISON CONDITIONS
Prisons in India are facing a huge issue of overcrowding. As per the Standing Committee’s “Prison – Conditions, Infrastructure, and Reforms Report”[3], the National average prison jail occupancy rate is 130%. Six states (including Uttar Pradesh, Bihar, and Madhya Pradesh) have a prison population exceeding 50% of the national prison population. Occupancy rates are over the national average of four out of six, one of which is over the national average. Another major problem at the heart of the Indian criminal justice system is the egregious lack of prison staffing. It has continued to be one of the least reported issues in managing prison administration and hence brought about the bottleneck effect of managing prison administration.
Extortion and corruption by jail staff are common in jails across the world. Powerful inmates easily bribe the prison staff and enjoy the facility of mobile phones, best diets, and comfortable lodgings. Low salaries given to the staff play the role of catalyst in the corruption.
According to the All India Committee on Jail Reforms of 1980-83[4], almost every prison in India has poor sanitary facilities.
‘Flush latrines are available in very few prisons. In most of the prisons, open basket-type latrines are still in use. The proper ratio of latrines to prisoners is not being maintained. Latrine and urinal facilities in barracks/dormitories for use at night are very inadequate. As a result, they overflow during the night. In most of the prisons, latrines have not been provided in cells; only pots are kept there for answering calls of nature. A perpetual stinking smell pervades the atmosphere of most of the prisons.’
HUMAN RIGHTS VIOLATIONS
India was one of the countries that voted in favour of the Universal Declaration of Human Rights[5] when it was adopted by the United Nations General Assembly on December 10th, 1948. It outlines fundamental human rights, the most important ones being, the right to life and liberty, and the security of persons. India ratified the International Covenant on Civil and Political Rights (ICCPR)[6] on April 10th, 1979. This treaty enshrined various rights related to liberty and security, including provisions for humane treatment for detention. The United Nations Standard Minimum Rules for the Treatment of Prisoners[7], or the Nelson Mandela Rules, promotes the humane treatment of prisoners and emphasizes respect for their dignity. India has not formally signed these as a treaty but adheres to the principles through its commitment to international human rights standards.
But even after committing to and ratifying international treaties, there still have been cases where these fundamental human rights were violated. One of the prominent cases was the shocking death of a prominent businessman in India’s high-security Tihar Central Jail in 1995. The special investigation led after the incident highlighted the mega issue that 10,000 inmates housed in the jail at that time in September 1997 faced serious health hazards like overcrowding, appalling sanitary facilities and an acute shortage of medical staff.
“To deny people their human rights is to challenge their very humanity” – Nelson Mandela.
GOVERNMENT INITIATIVES AND RECOMMENDATIONS
Recently, on 6th January 2025, the Ministry of Home Affairs amended the Model Prison Manual, 2016[8], and the Model Prisons and Correctional Services Act, 2023[9] to eliminate the entrenched discriminatory practices of caste discrimination against marginalized communities of Scheduled Castes (SC), Scheduled Tribes (ST) and de notified tribes in prisons. A new heading, “Prohibition of caste-based discrimination in Prisons and Correctional Institutions” has been added in Chapter V ‘Custodial Management’ and alterations were made to prevent caste discrimination in the division and allocation of work within prisons. Additionally, a new Chapter XVI on legal aid is now included in the Model Manual.[10] The idea behind such provisions is articulated in Article 39A[11] of the Constitution which endows Poor and the other weaker sections with free legal aid. It seeks to ensure that justice is done to everyone.
The Model Prisons Act 2023[12] was developed by the Bureau of Police Research and Development after extensive consultations with various stakeholders including state prison authorities and correctional experts to address the need for reformative measures aimed at transforming inmates into law-abiding individuals. It also established clearer guidelines for granting parole, furloughs, and remission based on good behaviour. It incorporated the use of modern technology in prison management to enhance operational efficiency. Special emphasis was laid on the skill development of prisoners through vocational training and their reintegration into society.[13] Lastly, it included special provisions for the safety of women and transgender individuals.
Prisoners in India are entitled to a range of rights that ensure their dignity and humane treatment, as recognized by the Constitution and various judicial interpretations. These rights are grounded in fundamental human rights principles and have been shaped by landmark Supreme Court judgments. The rights include the right to be treated with dignity and respect, free from cruel, inhuman or degrading treatment. This includes protection against custodial violence and abuse. The Prisons Act of 1894[14] mandates that prisoners be provided with accommodation that meets basic standards of hygiene and safety. They are entitled to adequate nutrition, healthcare, clean drinking water, sanitation, personal hygiene items, clothing, bedding, and other essentials necessary for a dignified life. Every prisoner has the right to legal representation and assistance, ensuring fair trial rights are upheld.
CONCLUSION
‘Injustice anywhere is a threat to justice everywhere.’
– Martin Luther King Jr.
Now, it is clear that not every citizen of this country can practice the rights conferred to them by the Constitution. The State must take action to rectify this. Some of these can include: To address the problem of Overcrowding in prisons, the state may shift the inmates from cramped jails to other jails across the country through a Memorandum of Understanding. New Jails must be constructed with adequate civil works to accommodate all the prisoners. The trial system has to be made efficient, and cases must be tried to decrease the number of under-trial prisoners, and thus the crowd. Bracelet/Anklet tracker technology can be used to track and monitor prisoners who are out on bail. The problem of prison staff shortage can be solved by creating a provision of not leaving a post vacant for more than 3 months. Frequent surprise checks can be conducted by medical dieticians and officials to keep food quality in check.
And always remember, ‘The candle burns not for us, but for all those whom we failed to rescue from prison, who were shot on the way to prison, who were tortured, who were kidnapped, who ‘disappeared’.’ – Peter Benenson.
Author(s) Name: Trishla Sethi (Pravin Gandhi College of Law, Mumbai)
References:
[1] The Prisons Act 1894
[2] Model Prisons Act 2023
[3] Department-Related Parliamentary Standing Committee On Home Affairs, Prison – Conditions, Infrastructure & Reforms (Report No 245, 2023) pg 8
[4] Bureau of Police Research & Development, Ministry of Home Affairs, All-India Committee on Jail Reform (1980-83) vol 1 pg 74-75
[5] Universal Declaration of Human Rights 1948
[6] International Covenant on Civil and Political Rights 1976
[7] United Nations Standard Minimum Rules for the Treatment of Prisoners 2015
[8] Model Prison Manual 2016
[9] Model Prisons and Correctional Services Act 2023
[10] ‘Union Home Minister approves New Prison Manual’ (PIB, 21 January 2016) <https://pib.gov.in/newsite/PrintRelease.aspx?relid=134687> accessed 09 January 2025
[11] Constitution of India 1950, art 39A
[12] Model Prisons Act 2023
[13] ‘Under the visionary leadership of Prime Minister Shri Narendra Modi and decisive guidance of Union Home Minister Shri Amit Shah, a decision was taken to review and revise colonial-era outdated Prison Act in tune with contemporary modern day needs and correctional ideology’ (PIB, 12 May 2023) <https://pib.gov.in/PressReleasePage.aspx?PRID=1923682> accessed 09 January 2025
[14] The Prisons Act 1984
