The Ministry of Home Affairs prepared the ‘Model Prisons Act 2023’ that will replace a British-era law

Bасkgrоund:-

There are “several lacunae” in the old pre-Independence Act, the Prisons Act of 1894, and there was a “conspicuous omission” of the disciplinary focus in the existing Act. This leads to several problems in jail. Some of the issues are listed below:
Lack of Focus on Reform and Rehabilitation: The Prisons Act of 1894 focuses on custody and maintaining order in prisons, but it lacks provisions for reform and rehabilitation.
Overcrowding of Prisons: The occupancy rate in Indian prisons is 118.5% of their capacity, leading to poor living conditions and the spread of infectious diseases.
Health and Hygiene: Many prisons lack proper medical facilities, resulting in neglect and untreated health issues among prisoners. Hygiene conditions are also substandard.
Delay in Trials: Numerous cases remain pending for extended periods, disrupting the prison administration system. The Supreme Court has recognised the right to a speedy trial for prisoners.
Custodial Torture: Despite prohibiting third-degree torture by the police, custodial violence remains prevalent in prisons. Cases of custodial deaths have been reported across different states.
Challenges for Women and Children: Women prisoners face physical and mental problems, including inadequate sanitation facilities and lack of care during pregnancy. Children are often placed in correctional homes but experience abuse and psychological trauma.

Linkаges:-

Modernisation of Prisons Scheme: The scheme for modernising prisons was launched in 2002-03 to improve the condition of prisoners and prisoners and prison personnel.
Modernisation of Prisons Project (2021-26): The government has decided to provide financial assistance to States and UTs, through the Project for using modern-day security equipment in Prisons for:
- Enhancing the security of jails.
- To facilitate the task of reformation and rehabilitation of prisoners through correctional administration programmes.
E-Prisons Project: The E-Prisons project aims to introduce efficiency in prison management through digitisation.
Model Prison Manual 2016: The manual provides detailed information about the legal services (including free services) available to prison inmates.
National Legal Services Authority (NALSA): It was constituted under the Legal Services Authorities Act of 1987. It came into force on 9th November 1995 to establish a uniform nationwide network for providing free and competent legal services to the weaker sections of society.

Сurrent Sсenаriо:-

The Ministry of Home Affairs (MHA) has prepared the ‘Model Prisons Act 2023’ which will replace a British-era law (the Prisons Act of 1894) to overhaul the prison administration that will focus on reforming and rehabilitating inmates.
Reformation and Rehabilitation Focus: The new act aims to overhaul prison administration by focusing on reforming and rehabilitating inmates, moving away from the old punitive approach.
Punishment for Prohibited Items: Provisions for punishment for prisoners and jail staff for using prohibited items, such as mobile phones, within prisons.
High-Security Jails and Open Prisons: Establishment and management of high-security jails and open and semi-open prisons to cater to different categories of prisoners.
Protection from Hardened Criminals: Provisions to protect society from the criminal activities of hardened criminals and habitual offenders.
Legal Aid, Parole, and Furlough: Provision of legal aid to prisoners and introduction of parole, furlough, and premature release as incentives for good conduct.
Security Assessment and Segregation: Implementation of security assessments and segregation of prisoners, along with individual sentence planning.
Grievance Redressal and Prison Development Board: Introduction of a grievance redressal mechanism and establishing a prison development board.
Attitudinal Change and Separate Accommodation: Emphasis on attitudinal change towards prisoners and provision of separate accommodation for women prisoners, transgender individuals, etc.
Use of Technology in Prison Administration: Incorporation of technology for transparent prison administration, including provisions for videoconferencing with courts and scientific and technological interventions in prisons.

Imрасt:-

In India, prisons and the ‘persons detained therein’ are State subjects. The Model Prisons Act of 2023 may serve as a guiding document for states for adoption in their jurisdiction.
The Prisoners Act of 1900 and the Transfer of Prisoners Act of 1950 are also decades-old and relevant provisions of these Acts have been assimilated in the Model Prisons Act 2023, expecting to bring much-needed reforms to the Indian prison system and align it with international standards.

Content contributed by- News Canvass.