Essay on prison reforms in india
Short Essay on Some Important Prison Reforms Words! Article shared by Pragati Ghosh Short Essay on Some Important Prison Reforms! Undoubtedly, the condition of modem prisons is better than that in the past but still much remains to be done in the direction of prison reforms for humane treatment of prisoners.
The treatment of prisoners should be in accordance with the constitutional mandates to secure them the basic rights. Emphasising the need for change in the attitude of jail authorities towards the prison-inmates, the Supreme Court in Mohammad Giassudin v. State of Andhra Pradesh, observed: The whole man is a healthy man and every man is born good.
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Criminality is a curable deviance. The following modifications in prison administration may be suggested for improving the efficiency of these institutions: It is in fact an un-evitable burden on the public exchequer. Therefore, the offenders should be confined to prison for only a minimum period which is absolutely necessary for their custody. The elimination of long term sentences would reduce essxy burden on prison expenditure. It is further suggested that where the term of imprisonment exceeds one year, a remission of one month or so per year be granted to the inmate so as to enable him to go to his home town and meet his near relatives.
This will check this out in his rehabilitation and after his release he essay face the outside world courageously casting aside the stigma attached to him on account of Prisonisation. The periodical furlough prispn to prisoners in India under the Prison Act and the rules framed there under is intended to achieve this objective.
It will keep them mentally fit and respond favourably to the treatment methods. A liberal correctional and educational programme seems necessary in case of women delinquents because they need lesser control and custody due to their feminine temperament. Women prisoners should kn be allowed to meet their sons and daughters more frequently, particularly the attitude in this regard should be more liberal in case of undertrial prisoners.
Women offenders should be handled only by women police or prison officials. The idea of setting up separate women jails exclusively for women prisoners, however, does not seem to be compatible keeping in view the huge expenditure involved in the process. The Supreme Court in R. A child above the age of pfison years should not be kept with female prisoners. The Court issued directives to the States to amend their jail manuals accordingly.
Heedless with regards to prison change. For such persons, denial of conjugal life amid the whole time of detainment makes enthusiastic issues too. Many of them have served more time in jail than their term,if they were convicted. In due course it is being substituted by the modern concept of social defense. Visits by a companion are, in this way, of extraordinary significance.
The Court opined that indiz directives were necessary keeping in view the fact that jail orison is certainly not congenial for the development of the children and for securing children their inherent right to enjoy happy childhood. On the basis of various affidavits submitted to the Inn Court, there were undertrial women with children and convicted women with children as on 23rd January, The Court finally directed that compliance report stating steps taken by the Union of India, State Governments and Union Territories and Legal Services Authorities shall be filed in four months where after matter shall be listed for further directions.
Consequent to the directives of the Apex Court, twelve States and Delhi UT have set up women jails which function exclusively for women prisoners. The intake capacity of each of these women jail is as follows: Other States have one woman jail in each with total capacity of women prisoners at Delhi ; Maharashtra ; Rajasthan ; Punjab ; West Bengal ; Bihar 83 ; Uttar Pradesh 70 ; Kerala 60 ; Orissa 55 and Tripura Similarly, political offenders who are esasy guilty of vie -ice should also be kept separate and not be housed in the same premises in which other criminals are lodged.
The young prisoners should be separated from adults. This would enable them to keep in touch with their occupation and provide means of living to the members of their family. Thus the unity of family life can be maintained which would help rehabilitation of the prisoner after his release from jail. The meetings under the supervision of prison guards are really embarrassing for inmates as well as the visitors and many thoughts on both sides remain unexpressed for want of privacy. The rights of the prisoners to communicate and meet friends, relatives and legal advisers should not be restricted beyond a particular limit.
It must be stated that frequent jail visits by family members go a long way in acceptance of the prisoner by his family and small friendly group after his release from jail finally, as the visit continue the personal relationship during the term of imprisonment which brings about a psychological communication between him and other members of the family. These auspicious days and festivals should be celebrated through rejoicings and other meaningful programmes so that the prisoners can at least momentarily forget that they are leading a fettered life. This shall infuse trust and confidence among inmates for the prison officials.
This will provide them honourable means to earn their livelihood after release from jail. The facilities indiia lessons through correspondence courses should be extended to inmates who are desirous of taking up advanced studies. Women prisoners should be provided training in tailoring, doll-making, embroidery etc. The prisoners who are well-educated, should not be subjected to rigorous imprisonment instead, they should be engaged in some mental-cum-manual productive work.
Of late, efforts are being made to impart yoga training to the prison inmates which not only keeps them physically fit but also makes them mentally healthy. This is indeed a commendable measure and the scheme should visit web page extended to all the prisons in India. The States of Gujarat reforma Maharashtra have taken a lead in this direction and appointed competent Yoga teachers for training the prison inmates.
Those who react favourably to prison discipline and display loyalty should be allowed to associate themselves with the prison staff and participate in the prison administration. The premature release of prisoners on national festivals by way of political expediency is generally not favoured by penologists because it goes against the set principles of sentencing.
- The Committee visited prisons in Burma, Japan, Phillipines, Honkong and Britain besides the Indian jails, and came to the conclusion that prisons should not only have deterring influence but they should also have a reforming effect on inmates.
- Plight of Under trials:
- They not just articulated standards for a proficient administration of prisons but additionally, set down experimental rules for restorative treatment of prisoners.
Open Air camps may also serve a similar purpose. Many States have formed Prisoners Aid Societies for initiating steps to provide assistance to the discharged prisoners. This is possible through an intensive publicity programme using the media or press, platform and propaganda. It will certainly create a right climate in society to accept the released prisoners with sympathy and benevolence without any hatred or distrust for them.
The media persons should be allowed to visit the prison institutions frequently so that their misunderstanding about prison administration may be cleared. Greater participation of public in prison administration shall certainly create an atmosphere conducive to reformation of the prisoners. In Prabha Dutta v. Union of India, the petitioner, a newspaper correspondent filed a petition to interview two condemned prisoners Ranga and Billa for which permission was refused to her by Tihar Jail authorities.
The Supreme Court allowed the interview upholding right of press to have access to prison inmates. Many of the provisions of this Act have now become obsolete and redundant. The National Human Rights Commission has also endorsed this view. The Supreme Court, ii its landmark decision in Ramamurthy v. State of Karnataka, identified nine major problems which needed immediate attention for implementing prison reforms. The Court observed that the present prison system is confronted with the major problems of 1 overcrowding 2 delay in trial 3 torture and ill-treatment 4 neglect of health and hygiene 5 insufficient food and inadequate clothing 6 Prison vices 7 deficiency in communication 8 streamlining of jail visits and 9 management of open prisons.
The Supreme Court thereupon passed an order dated 26th November, directing the District Judge, Bangalore to visit the Central Jail and find out the pattern of payment of wages and the general conditions of the prisoners such as accommodation; sanitation, food, medicine etc. The District Judge submitted his voluminous report of more than pages on 28th April, which stated that general condition of prisoners, the quality and quantity of food supplied to them, pattern of payment of wages and accommodation etc.
Also the visits of prisoners to their homes were reflrms proper and regular as per rules due to shortage of police escorts. The place and procedure followed for interviews between the prisoners and their kith ijdia kin, friends, visitors etc. The District Judge in his report also made some recommendations for consideration and implementation. Appreciating the admirable work done by the District Judge, the Supreme Court ordered follow-up action by all the prisons of India in order to ensure prison justice.
The Apex Court, in this case, ruled that though overcrowding in jail is not constitutionally impermissible but the same adversely affects health and hygiene and therefore, must be taken care of. As regards delay in trial, the earlier directions of the Supreme Court regarding entrusting the duty of producing undertrial prisoners on remand to the prison staff, instead of the police, should be followed. The person authorised should inspect the standard of food and clothing and there should be a complaint book in all the jails.
The Court also emphasised the need for setting up open jails in District headquarters of the country. The shockingly poor and miserable conditions prevailing in Indian jails have been described by a team of journalists in the following words: To quote her own words: Prisn convicts and the undertrials both share the common denominators of wilfully insufficient and inedible food, hard labour, sesay warders and contaminated water.
Added to that are overcrowded cells and infected hospital, sugarless tea and flexible rules…. In this case, the norms relating to entry of persons to jail and maintenance of record of visitors by jail authorities had been blatantly flouted. The Court said ineia such activities could not be possible without active co-operation of jail officials. The Bombay High Court directed to launch criminal prosecution against the erring jail superintendents and other jail officials. Sharply reacting to the prjson affairs in the jail and total indifference of the concerned authorities, the High Court felt that there was need for imposition of exemplary costs on the erring officials.
The High Court took a serious view of the unwarranted casualness and indifference on the part of I. Prisons and Chief Secretary in the matter and directed them to pay exemplary costs of Rs. The Court further directed that the State of Maharashtra shall deposit the entire exemplary costs payable by these officers within 10 days and the same may thereafter be recovered from the respective officers. On appeal, the Supreme Court maintained the order of the High Court and issued directions that: Prisons to probe into the nature of lapses and explore possible remedies.
Consequent to the aforesaid judgment of the Supreme Court, the condition of Indian prisons has considerably improved and efforts are now being made to humanise the conditions inside jails by not only providing them basic amenities but also initiating correctional measures for their rehabilitation and reformation. Despite modem techniques of treating the offenders through a process of individualised method in prison, there are certain problems which still remain unsolved.
In any case, there is the urgent need of liberalizing the bail procedure so that a large number of prisoners could take advantage of bail. These privileges are available to a limited number of prisoners and the procedure is also cumbersome. This leads to exploitation of prisoners. Among individuals who are naturally inclined to mental issue, the anxiety rwforms being in jail can hasten the ailment. Also prisoners to be aware about their legal rights.
The foremost difficulty arises in treating recidivists or habitual offenders who do not respond pruson to any of the reformative methods of treatment. They accept prisonisation as a normal way of life and criminality as a regular profession. When recidivists are placed pgison a correctional institution, they treat it as a place of leisure and comfort.
Thus, the treatment business write offs for taxes gov az hardly serve any useful purpose in case of recidivists. Therefore, such criminals have got essay be confined to four walls of the prison and made to live a strictly regulated life. It need not be stated that hardened criminals and recidivists are an unnecessary burden on the State but they have to be tolerated at any rate for the im of respect for human life and social security.
Yet another problem about prisons in India is the ever increasing population of prisoners. This increase in the number of inmates adds to the cost of prison indix while the results still remain far from satisfactory from the point of view of the protection of society as also the rehabilitation of offenders. May be, this is just a pessimistic assumption raised in an anxiety to combat crime and visualise a crimeless society.
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But it cannot be forgotten that crimes are essentially conditioned by social, economic and political situations of a particular place. The advancement of knowledge, technology and civilisation has brought about radical changes in social structure, economy, political strategy and thinking. Consequently, many new crimes which were hitherto unknown have sprung up, for example, the rreforms of fraud, embezzlement, forgery, theft of automobiles, gang-style crime, terrorist activities, bomb blasts, tax evasion, infringement of copyright, trade-marks and patents and many other corrupt practices are relatively of a recent origin.
That apart, many old crimes are now repeated with new techniques and methods and with minimal chances of detection. The problem of increase in population, economic depression and criminalisation of politics have also contributed to stimulate crime rate. Under the circumstances, it is erroneous to think that rise in criminality is exclusively due to the failure of our penal policies. Far from being so, it is in fact an indication that we have yet to enlarge the scope of our penal programme to suit the changing needs of modern times.
The general policy which seems expedient in the present context is the institutionalised treatment with provision of minimum security for adults and greater security for juveniles and young delinquents.
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The sole contention behind the entire scheme should be to preserve respect for human life at any cost. The ultimate object of prison institution should be to reform the offender rather than to oon and antagonise him. As pointed out by Dr. Inmates should be put to intensive manual labour which must be productive for the State and useful to the prisoner after his release. An ideal prison must provide for adequate work, vocational training, and basic educational, medical and recreational facilities for inmates. The prison management should be made functional, effective and goal oriented so as to prove itself as an efficient agency of the criminal justice system.