K.V.Reddy President All India Prison Officers Association 09849904733 / 09440060055 E - Mail:
[email protected] FORMULATING A PRAGMATIC PRISON POLICY FOR INDIA : LEGAL PROSPECTE
The world of Prison is no longer secret: Prisons have invited members of the public as volunteers to work with them for years but in the last two decades this trend has developed in an impressive way This has helped to know about the prisons, its inmates and their problems. Accordingly, it is evident that the Indian Prison System is in crisis. The dimensions of the problems faced by our contemporary prison system are such as require prompt and effective action A concerned Supreme Court recently, ordered the expeditious trial of criminal cases pending for more than five years. It may come as a shock to the Judges who passed the order, that there are under trial in our prisons those have spent 20 years or more behind bars, without actually being convicted There are 1305 prisons in India (Central Jail 93. District Jail-257. Sub-Jall 850, Open Jail-2. Special jail 28. Women jail I2 .Borstal Institution-13 and Juvenile and Lunatics Camps-13) having the authorized capacity of 214241. Against this authorised accommodation the actual prison population is 257235 which is dominated by the large chunk of under trial prisoners 1 e.. 73% This proportion of under trial prisoners is rapidly is on increase leading to overcrowding in Jail20% in 1998 against 9.33% in 1996. The percentage of women prisoners in total prison population Is increasing on rapid pace especially in Bihar. Madhya Pradesh. Gujrat. Orissa, Andhra Pradesh. Maharashtra and Mizoram, while in Delhi and Haryana it is slightly declining or static in comparison to the year 1996. The problem of overcrowding in jail Is not uniformly prevailing In all States/UTs. however is 3.18%. We have the sanctioned Strength of 49030 of prison staff at various rank's out of which the present staff strength is ?round 40000. The ratio between the prison staff and the prison population is approximately 1:7. It means only one prison officer is available for 7 prisoners. while in UK 2 prison officers are available only for 3 prisoners.
Hence, over crowding in Prisons, prolonged detention of under-trial prisoners, unsatisfactory living conditons. lack of treatment programmes and allegations of indifferent and even in human approach of prison staff have repeatedly attracted the attention of the critics over the years This raises an interest to undertake a careful study about the ex~st ingIn dian Laws in relation to Prisons, to conduct a survey on attempts at prison reforms in our country and to analyze activism on the subject, with an objective of ensuring ensu ring the minimum human rights to the Prisoners as well. THE PROBLEM
Crime in lndia is showing an increasing trend while there is an decreasing trend in the reported crime, and there is an overall upward trend in Prison Population Comparatively. This is a matter needs a careful study with regards to crime reported, procedures for investigation, policies of arrests and award of sentences. A majority of the persons lodged in prisons consisted of people belonging to the under privileged sections of society. Majorities of the prison population consist of first offenders involved in technical or minor violations of law. Half of the prison population is under trial,. which is the main reason for over crowding in prisons. Conditions of living in most of the prisons are sub-human. Mass approach towards various problems of prisoners is in vogue. , It would not be out of place to mention here that according to the UN Global Report on Crime and Justice. 1999, the rate of imprisonment tn our country IS very low i.e.. 25 prisoners per one lakh of populatlon In comparison to Australia (98 1 prisoners). In England (125 prisoners) in USA (616 prisoners) and in Russia (690 prisoners) per one lakh of population A large chunk of prison population is dominated by the first offenders say around 90°h The rate of offenders and recidivists in prison population of lndian Jails is 9:l while In U K it IS I 2. which is quite revealing and alarming It is shocking to find that all categories of inmates are huddled together in most of the prisons including; women, children and young offenders and adults8. The plight of women, children and young offenders in prison is really an issue of grave concern. [inadequate medical services and absence of psychiatric services in prisons. add to the difficulties of prison administration. in some jails there are mentally ill persons who have not committed any crime. In the other hand, the existing prison buildings are not functionally suitable. Prison industries and work programs are archaic and devoid of any rehabilitative value for inmates. The insertion of section 433-A in the Indian Penal Code (IPC), making mandatory for the life convicts to serve at least 14 years of
actual imprisonment before being considered for premature release has jumped their spirits for improving their behavior and work skillls. There are allegations about prevalent corruption, mal-practices and maltreatment of prisoners. Trafficking in drugs, use of intoxicants, favoritism, unwarranted use of office, groupism, political influence and deprivations are common things in our prisonsf1. There is no effective system or machinery for looking into even the genuine grievances of prisoners. There is no proper free legal aid mechanism to help or guide prison inmates on legal matters. The condition of sub jails and police lock ups is extremely deplorable. They are the most neglected institutions of our criminal justice The organizational structure of the department of prisons is inadequate and' in effective. The administration of prisons in the country is still governed by the anti-quoted Prisons Act 1894. The provisions of the Act do not meet the needs of the contemporary correctional thinking. There is a lack of coordination among police, prosecution, judiciary, prison and probation. Any attempt by voluntary agencies to extend their services for the welfare of prisoners is looked upon with suspicion by prison personnel. Scientific approach towards treatment of offenders has not yet to-be accepted and adopted by prison administration anywhere in India". To be an efficient unit and center for protection and correctional treatment a prison must essentially be a scientifically manageable unit. Training of prison personnel has remaining woefully neglected in India. This is essential not only for ensuring efficiency, financial discipline and control but also for minimizing corruption in department. Protective and correctional objective of prisons can be achieved only when an atmosphere of wholesome opportunity surcharges with a positive value is created in these institutions and prisons are exposed to such an atmosphere'~. PRISON REFORMS IN INDIA : THE HISTORY
The contemporary Prison administration in lndia is a legacy of the British rule. It is based on the notion that, the best criminal code can be of a very little use to a community unless there be a good machinery for the infliction of punishments. First time, in 1836 reforms at Indian prisons was initiated upon the recommended by Lord Macaulay. A committee namely: Prison Discipline Committee, was appointed, which submitted its report on 1838. The committee recommended increased rigorous of treatment while rejecting all humanitarian needs and reforms for the prisoners. In 1864 the second Commission of Inquiry into Jail Management and Discipline was appointed. While recommending in the same liner as the 1836 Committee, the Commission made some specific suggestions regarding accommodation for Prisoners, improvement diets, clothing, bedding and medical care. In 1877 a Conference o f Experts met to inquiry into prison administration. The conference proposed the enactment-of a
prison law and a draft bill was prepared. But no attempt has made at legislating the proposed draft bill. In i888, the Fourth Jail Commission was appointed. On the basis o f recommendation of the Jail Commission of 1888, a consolidated prison bill was prepared. Provisions regarding the Jail offences and punishment were specially examined by a conferences of experts on Jail Management. In 1894 the draft bill become law by obtaining the assent of Governor General of India. It is the Prisons Act, 1894, on the basis of which the present jail Management and administration is operating in India, Even after 100 years of the inception, the archaic Prison Act 1894 has hardly undergone any substantial change. However, the process of review of the prison problems in India continued even after this. In the report of lndian Jail Committee-1919-20, for the first time in the history of prisons the 'reformation and rehabilitation' of offenders were identified as the objectives of prison administrator. Though, the report was radical due to its reformative approach, but could not be implemented due to The Government of lndia Act-1935 which resulted in the transfer of the subject of jails from Centre List to the control of provincial government and hence further reduced the possibility of uniform implementation of a prison policy at the national level. In 1951, the government of lndia took an land mark initiatives by inviting the United Nations expert on correctional work, Dr. W.C. Reckless in order to undertake a study on prison administration and to suggest policy reform, Dr. Reckless prepared a report namely, 'Jail Administration in India'. His report made a plea for transforming jails into reformation centers. The revision of outdated jail manuals and introduction of substitutes was recommended by him.In 1952, the Eighth Conference of the Inspector General of Prisons also supported to recommendation of Dr. Reckless regarding prison reform. Accordingly the Govt. of lndia appointed the All lndia Jail Manual Committee Committee in 1957 to prepare a model prison manual. The committee submitted its report in 1960. The report made a forceful pleas for formulating an uniform policy and latest methods relating to jail administration, probation, after-care, juvenile and remand homes, certified and reformatory school, borstals and protective homes suppression of immoral traffic etc. The report also suggested amendments in the Prison Act-1894 to provide a legal base for correctional work. The committee prepared the Model Prison Manual (MPM) and presented it to the Govt. of lndia in 1960 for implementation. The MPM-1960 is the guiding principle, on the basis of which the present lndian prison management is being governed. Both the Central Government and State Governments undertook various initiatives in connection to prison reforms On the lines of the Model Prison Manual. In 1972, the Ministry of Home Affairs, Government of India, appointed a working group on prisons. It brought out in its report the need for a national policy on prisons. It also made an important recommendation with regards to classification and treatment of offenders and laid down principles. In 1980, the Government of lndia set-up a Committee on Jail Reform under the chairmanship of Justice A. N. Mulla.
Basic objective of the Committee was to review the laws, rules and regulations keeping in view the overall objective of protecting the society and rehabilitating the offenders. The Mulla Committee submitted the'report in 1983. The Committee has suggested that the existing diarchy of prison administration at Union and State level should be removed. The Committee specially recommended a total ban on the heinous practice of clubbing together juvenile offenders with the hardened criminals in prisons. Consequently, a comprehensive legislation has been enacted for the security and protective care of delinquent juveniles. The Committee also suggested segregation of mentally disturbed prisoners to mental asylums. Again in 1987, the Government of lndia appointed, Justice Krishna lyer Committee to undertake a study on the situation of women prisoners in India. It has recommended induction of more women in the police force in view of their special role in tackling women and child offenders22. Lastly, in 2000. the Ministry of Home Affairs. Government of lndia appointed a Committee for the Formulation of a Model Prison Manual which would be a pragmatic prison manual, in order to improve the Indian prison management and administration The domestic legislation pertaining to the management and administration of prisons in India are scattered in different Acts at the national level. Existing Laws 1. The Prison Act - 1894. 2. The Prisoners Act - 1900. . 3. The Transfer of Prisoners Act - 1950. 4. The Prisoners .(Attendance in Courts) Act - 1955. Forthcoming Laws 1. The lndian Prisons Bill - 1996, 2. The Prisons Administration and Transfer of Prisoners Bill - 1998. 3. The Prisons Management Bill - 1998.
Some important provisions of the aforesaid Acts and forthcoming Bills are being discussed in detail as mentioned below: The Prisons Act - 1894
The Prisons Act, 1894, streamlines a general and uniform footing of prison administration throughout the country. Besides the aforesaid Act there has been a number of Acts those plays an important role for the management of prison in India. These are, lndian Lunacy Act - 1952. Civil Jail Act - 1874, Borstal School Act, Habitual Offenders Act. Young Offenders Act, Probation of Offenders Act -
1958, Children Act, Provisions of Indian Penal Code. Civil Procedure Code and Criminal Procedure Code etc. It has provided for separation of prisoners on the basis of age, gender, stage of proceeding, nature of crime and punishment. The Inspector General (Prison) has made the supreme authority for the general administration, supervision and coordination of prisons in a state. Each prison generally headed by a Superintendent assisted by other subordinate. The medical officer has made responsible for over all health condition and care of prisoners. According to the provision the sick prisoners can report to Deputy Superintendent of Prison if there is an genuine problem of health service26. The power of prison executive staff to inflict punishment for prison offences are restricted to maintain discipline. Only the officers equal to the rank of Superintendent and above are empowered for prison punishment. While the Prison Act, 1894 is based on the principles of deterrent theory of punishment but female and civil prisoners are excluded from punishment of handcuff, bar fetters or whipping. If an inmate commits willful disobedience, assault, use of criminal force, insult, treating immoral and indecent behavior, refuses to work, causes willful damage,tampering, false accusation and conspiring to escape than in order to control them the Act provides for punishments like warning, labour (7 days), hand cuff, fitter, confinement, penal diet, etc., subject to the exmination and issue of certificate of fit by the medical officer in order to sustain the punishment. In case a prisoner committed a heinous crime, the Act provides for initiation of proces by the District Magistrate upon the recommendation of the Prison Superintendentz7. Besides the above, the Act enumerates comprehensive plans on the issues like, prison administration, health care, clothing, bedding, sanitation, pre-release and employment of prisoners under different chapters. With the aforesaid mandates the Prisons Act since the date of inception i.e., 1st day of July - 1894 has been providing a comprehensive legal frame work for the management of Prisons in India. The Prisoner's Act 1990
The Prisoner's Act 1900 consolidate the law relating to prisoners confined by the order of court. It authorizes the officer in-charge (OIC) of a prison to receive and detain a11persons duly committed to his custody. After execution the OIC have to return the writ, order, or warrant etc., to the issuing authority. Part. Ill of the act specifically deals with prisoners in presidency towns. For the implementation of this provision, a Superintendent of Police to be ap pointed by the State Government. If any writ, warrant etc. issued by the High Court under criminal jurisdiction, it shall be executed by a police officer not below the rank of Superintendent of Police appointed for this purpose according and under the Act29. The prisoners Act 1900 applicable to the detention of young offenders in the reformatory school.. It gives authority to the OIC for execution of sentence, order and warrant of subordinate courts and tribunals. In case of doubt, the OIC
shall refer the matter to State Government after detaining the convict or accused for the time beingJ0. Special provision has been made for lunatic prisoners, those to be kept in Lunatic asylum and could be discharged by the order of State GovernmentJ1. The State Government and Inspector General (IG) of Police has power to order for removal and discharge of prisoners those granted free pardon according to the recommendation of the High Court.
The Prisoner's (Attendance in Court )Act, 1955
The Act provides rules and procedures for the attendance of prisoners in Courts, in persons, for obtaining their evidence or for answering criminal charges. The Civil and Criminal Courts has power under the Act to require the appearance of prisoners to give evidence or answer any question. Such judicial orders shall be forward to the OIC of the prison by Judicial Officer not below the rank of District Judge as Judicial Magistrates Magistrates - This jurisdiction is however limited within a State only The OIC of prison shall take the concerned person to the court and cause him to be detained in custody near the court until the completion of ,court process3'. If a prisoner could not brought before the court, the Magistrate has power to issue Commission for examination of prisoners inside the jail35. In the other hand, the State Government has power to exempt certain person from personal appearance before court after detention and to make rule in this regard The Transfer of Prisoner's Act. 1950
This Act provides mechanism for the inter-state transfer of prisoners . The government of the State with the consent of the other State, by order, can issue a process for the removal of prisoners from the prison of one State to another. The prison officers have to abide by the policy decisions of the both Governments. Forthcoming Laws After years of being tolerated with a mixture of cynicism and apathy the issue of prison reform become a prime agenda of both Central and State Governments now a days. As a result, several new laws in connection to prison has coming forward at the national level. These are as follows: The lndian Prison Bill- 1996
The proposed lndian Prisons Bill - 1996 is based on an outline prepared by the National Human Right Commission (NHRC) which has been circulated among State governments and Union Territories for their comments, suggestions and observations. The bill has emphasized an urgent need for bring
the existing lndian prison system up to the tune of the modern criminology and penological thinking and to effectively cater to the changed and changing demands for the society in transition. According to the recommendation of the Mulla Committee a separate chapter about rights and duties of Prisoners has included in the proposed bill. These are namely; right to human dignity, right to access of law and sped trial, duty to obey law full orders and instructions, to abide by prison rgules and regulation, to respect human dignity of fellow prisoners and staff, to refrain from making false and exaggerated allegation, to use government property with due care, to assist prison authorities in performance of their etc. The bill clearly specified that the administration should deal with prisoners in conditions compatible with human dignity. An outline of the lndian Prisons Bill 1996, is prepared by the National Human Rights Commission of India. The National Conference on Human Rights of Prisoners on Nov. 14. 1995 recommended to set up a Core Group for the finalization of AN OUTLINE OF THE INDIAN PRISONS BILL, 1996". This "Outline" was circulated to various States and Union Territories. This document was not legalistic in its language, contents and form. It was a statement in simple prose of the ideas of the Core Group. It called upon the State Governments to workout definite norms for accommodation of prisoners. For this purpose, it has suggested a comprehensive plan regarding residence, sanitation, health care and fooding40. While recognizing every other aspects of prison management, the Bill specificalby highlighted the need for an effective and adequate aftercare strategy and staff development mechanism in order to maintain a pragmatic prison management policyJ1. The Bill also suggested for the establishment of an Advisory Board for the development of prisons and correctional services under the Chief Secretary of the State to advise the Government on relevant issues. The Prison Administration and Treatment of Prisoners Bill 1998"
The basic objective of the bill is to introduce a progressive p rogressive legislation on prison, in order to reform the prison administration in the country and to lay greater emphasis on the care and treatment-of prisoners in the line with the current correctional humanism permeating penal sanctions. The Bill while recognizing the fact, that the Parliament has no power to make law for the states with respect to prisons and prisoners, it explained the utility of Article -249 and 252 of the Constitution in order to legislature Model Prison Laws at the national level and its applicability at the Sate level. A survey on the provisions of the bill shows that, it has incorporate all basic and relevant points of the previous legislations and manuals on the subject of prison administration in India. The Bill has given a larger emphasis on the
development of prison infrastructure with necessary amenities and to afford the inmates with minimum recruitment and rights of man and the establishment and administration of prisons. The Bill recognized some new category of prisoners like: security risk prisoners, persons suffering from infectious diseases, mentally ill persons, drug addicted person, person involved in sociopolitical agitation, preventive detenu and person who had courted arrest on any political cause45. On the issue of prison discipline and punishment, the proposed Bill strongly recommended the application Oof rule of national justice, as a pre-condition at the time of punishing the inmates4$. The Bill gives due attention to issues like, after care, rehabilitation of prisoners, open institutions, prison facilities, visitors etc. Most importantly it suggested some amendments in lndian Penal Code and Criminal Procedure Code in connection to punishment and imprisonment under various Sections4'. The Prison ManagemenBill-1998
The Prison Management bill 1998 aims at consolidating and amending the lndian laws in relation to prison. The proposed Bill while recognizing the right and duties of prisoners as of the lndian Prisons Bill-1996, also enumerates the duties of the prison staff. Accordingly, every officers of a prison shall all 6me avoid all contact calculated to unduly irritate or among any prisoners, treat every prisoners with tact, good temper, humanity and strict impartiality, with all necessary kindness, andkonsideration to every prisoner, by maintain strict discipline The Prison Administration and Treatment of Prisoners Bill - 1998
This is draft bill prepared by theGovt. of India on the basis of 'An outline of the Indian Prisons Bill. 1996' and 'The Prisons (Administration and Treatment of Prisoners) Blll. 1998" prepared by the NHRC. and enforce all laws, rules and regulations in order to discharge all of the duties. assigned to him49. Specific guidelines are suggested to maintain integrity in the public office holders in the prison50. The proposed bill has given special attention for the protection of under-trial prisoners. The State Government shall provide to every unconvicted criminal prisoners transport facility to carry them conveniently to the court of taw and adequate strength of police force shall be deptued as to sufficient for his protection during the period when he is taken out of the prison for such pruposes51. It empowers the State Government to establish open institutions and to prescribe rules for the proper management of the same52. Section-71, identifies the grounds constitute prison offences and section-72 prescribes the punishment provisions for the same. The Bill also suggested regulations for welfare of the women, adolescent and life convicted prisoners. An analysis of the three aforesaid forthcoming prison laws shows that, they could be very effective legal instruments in order to make our archaic prison laws up-to date as well as according to the; expectations of the international human right
standard but, unfortunately even after years of drafting, the Bills never even introduced in Parliament for legislation. Therefore, it is the high time that the Central Government should immediately take action towacds this direction without any further delay.
The Model Prison Manual - 1960 :
As discussed earlier, the Model Prison Manual (MPM) drafted by a Committee appointed in 1957 upon the recommendation of Dr. ~eckiess,w hich came into existence on 1960. This draft model prison manual becomes a model for different States and Union Territories of India for adopting their new prison manual. The administration of prisons is a State subject and hence, the MPM is not of handatory in nature. However, most of the Indian States have fallen in the line with recommendationss4. Some basic tenets of the Model Prison , Manual are being discussed in some details below. The Model Prison Manual is consists of 6 parts and 54 chaptes. Part one deals with issues like : Headquarters organiration and Prison infrastructure. Accordingly, the Prison and Correctional services shall be under the control of the Home Department. The organizational set-up of the prison head-quarters shall be headed by a Inspector General (IG) and the IG to be assisted by around twenty types of subordinate officers including Deputy I.G., Prison Superintendent, Correctional Officers e The power and function of the I.G., and other subordinate officers are specifically recognized in the MPMs. The Model Prison Manual recognized the importance of the reasonable diversification of prison institution like, sepa~atei nstitution for delingquent children, adolescent offenders, habitual, professional and organized criminals, women offenders, Leprosy unit, unit, TB unit, unit, under trial prisoners, Sub-jail and open institutions. It has suggested the establishment of central prison for inmates upto 750 specifically for the offenders sentecned for terms of imprisonment exceeding two years. District prisons to be established for offenders convicted under minor offences and the total population inside the district prison shall not to be more than 40O. Part Ill, of the MPM enumerates number of facilities for the Prisoners. These are like: education, work, technical and vocational training, cultural activities, leave and emergency . release, sanitation and hygiene, diet, aftercare and rehabilitation. The MPM provides for physical, health, academic, social, vocational, moral and cultural education of inmates and suggested a detail course curriculum for the same.In the other hand, it has strongly recommended that the prison work and training programme should be fundamentaliy integrated with stafe and national economic policies and suggestdd for payment of appropriate wages to prison w9rkersS9. Undr chapter XXVl the Manual has highlighted that the cultural and recreational opportunities should be extended
to inmates in accordance with their.institutional behavior and response to institutional regimes0. After care and rehabilitation under the MPM is aimed to help a released person to over come his mental, social and economic difficultiessi. Part IV - A of the MPM classified the inmates on the basis of gender, age. punishment, stage of criminal proceeding and nature of crime etc. It helps for a better prison administration and management. An analysis of the baisc provisions of the M~M*shows that it not only enunciate principles for an efficient management of prisons but also lay down scientific guidelines for correctiye treatment of various classes of offenders2. However, very few could deny, the fact that the MPM is already half a centruy old and the practice and experience shows that the it lacks broad human right issues and judicial guidelines recognizing the basic human rights for prisoners in order to make them correctional institutions rather the house of captives. But whatever may be the case: the MPM has served as an effective guideline for the development of state prison manual in different states and Union Territories science its inception. The UN Standard Minimum Rules - 1955.
The UN standard Minimum Rules for the Treatment of Prisoners was adopted on 30th August 1955. It consists of five parts and ninety-five rules. Part one provides rules of general applications. It declares that there shall be no 'discrimination on grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. In the same time there is a strong need of respecting the-religious belief and moral precepts of the group to which'a prisoner belongw. The standard rules gives due consideration to the separation of the different categories of Prisoners. It says that the men and women shall be detained in separate institutions. The undertrial prisoners shall be kept in-separate from convicted prisoners. Further more, there must be complete separation between the prisoners detained under civil law and criminal offences. The UN standard Minimum Rule also made it mandatory to provide separate residence for young and child prisoners than form the adult prisoners in the Prisonss. On the issue of prison offences and punishment, the standard minimum rule provides clear rules. It states that, no prisoner shall be punished unless he or she has been informed of the offences alleged against him and given a proper opportunity of presenting his defense. . It has recommended that, the corporal punishment, by placing in a dark cell and all cruel, in-human or degrading punishment shall be completely prohibited as a mode punishment as disciplinary action in the Jail. All such punishment including reduction in diet shall never be inflicted unless the medical officer has examined the , prisoners and 'certified in writing that the prisoner is fit to *sustain itse. q
The ,UN Rule has given special attention to under trial prisoners and rules has been provided for their special treatment. It has recognized that un-convicted prisoners shall be presumend to be innocent and shall be treated as such. A number of rights like: right to separate detention, right to have own food and own clothing, right to have opportunity for work, right to procure books, news papers and writing materials and other means of occupation at his own expenses and right to get free legal aid, are recognized by the UN Rules7. While recognixing the basic principles of punxing the baic principles of pun the purpose of punishment is not to torture a person but to reform him and ultimately making him a good citizen. To achieve this objective, Rule, 79-81 of the Standard Minimum Rule provides for social relations and after care provisions. It says that, from the beginning of a prisoner's ' sentence consideration shall be given to his future after release and he shall be encouraged and assisted to maintain or , establish relations with person outside the institution as may promote the belt interacts of his family and his own social rehabilitati~n~~. Training qf Prison Personnel
The UN recognizes the fact that, proper selection and training of prison personnel is a pre-condition for proper implementation of prison laws and to ensure the minimum human right norms to the prisoners. Hence, the UN's Congress on the Prevention of Crime and the Treatment of Offenders have adopted another resolution on 1 st September, 1955 regarding "Selection and Training of Personnel for Penal Institutions". The Resolution prescribed a and Correctional comprehensive mechanism for selection of right man for right job in prisons and their proper trainings9. In the other hand, the UN Resolution on 29 August 1955 on "Open Prison and Correctional Instituion" provides rules and guidelines for the establishment, and administration of open priosns and correctional institutions. The Resolution considers that the open institution marks an important step in the development 0, modern prison system and represents one of the most successful applications of the principles of the individualization of penalties with a view-to social adjustment. Other International Initiatives
Among the other international initiatives -on the subject the United Nations General Assembly Resolution on "Body of Principles for the Protection of All Persnns under Any Form of Detention or Imprisonment - 1997' is a comprehensive documents., It suggests various guidelines regarding treatment of e,very type of person detained by the government authorities including the police, investigating agencies, prison officers and the judical bodies. Besides the above, there has been a number of international law instruments those indirectly provides rules and recommendatidns for ensuring
the human right,for every human being including the prison population at the international level. The International Covenant on Social, Economic and Cultural Rights - 1966 recognizing of the inherent dignity and the equal rights of all members of the human family as the foundation of freedom, justice and peace in the world. The Covenant consist of 31 Articles, is a broad based document highlighting the basic fundamental rights of human being. The basic slogan of the Covenant is that, in every circumstance the fundamental rights of the human being should not be . violated. On the other hand, the International Covenant on Civil and political Rights - 1966, under article - 6, recognizes that, every human being has the inherent right to life to be protected by law. No one shall be arbitrarily deprived of his life.%The Covenant strongly recommended the abolition of death penalty and recognized the right of prisoners to seek pardon, special right of juvenile prisoners and pregnant women72. Further more, the Covenant make the State parties pa rties obliged to ensure that,, no one shall be subjected to torture, cruel, in humane or degrading treatment or punishmentt3. A variety of rights of the - under trailed prisoners are also identified by the Covenant7*. In the same time other international legal instruments like : the Univerrsal Declaration of Human Right - 1948 and the Convention Against Torture (CAT) - 1976, while recalling all previous developments on the subject provides a better frame . work for maintaining the human right norms for everybody. In this backdrop, it would to worth noting that, although the international law regime for prison reform are very important but its implementation is totally depends on the mercy of State parties. Until and unless the Sovereign States did not ratified and implemented the same at the domestic level, the aforesaid international legal instruments has no legal value. It can be concluded that, the International Law on the subject consists of certain principles of criminal justice incorporated in the form of rules those are soft law in nature. But, as these lacks an effective implementation mechanism, these rules to be considered by the national courts as merely guideline for the interpretation and l e g i ~ l a t i oant~ th~e domestic level. Administration of prison instjtutions and maintenance of discipline in jails is subject to the Principle of Natural Justice. The prison authorities should take action and issue order only with the due compliance of the principles of Natural JusticeQ3. Time and again, the Indian Judiciary has recognized the natural rights of prisoners as inalienable right and compelled the government authority to act and practice accordingly. Solitary Confinement, Bar fetters and Handcuffing
There' is no denying to the fact that maintenance of security and discipline in prison is an important ingredient of the smooth functioning of prison administration. Hence, the Prison Act - 1894 and the Model Prison M-anual has prescribed . specific provisions about the scope a'nd power of the prison officers for the purpose. On the other hand, some of the'mode: of preserving discipline
like : solitary confinement, bar fetters and hand cuffing e'tc., has provoked much debateto0 in the 'background of the growing allegation of human right violation. , In 'Sunil Batra V DeM Administration'lol the Supreme Court of lndia laid down a detail guideline regarding the practice of solitary confinement in Indian Jails. Terming solitary confinement of extremely cruel, and dehumanizing the cqurt said that, 'there is no reason t4 permit the same punishment to be smuggled into'the prison system except in extreme case of necessity. In the same time, in the case of 'Charles Sobhraj V Supdt., Central Jail' and 'Prem Shankar Shukla V Delhi Administration'lo2 the court hag restricted the use of handcuffing and fetters for the safe custody of prxioners in jail. The court observed that, the treatment of human beings which offends human dignity, imposes avoidable torture and reduces man to the level of animal would certainly be arbitrary. Hence, section36 regarding use of fetters, of Prisons Act-1894 is unjustified. On the issue of hand cuffing the court described the practice as inhuman and over harsh, to be employed only in exceptional circumstances and accordance with the judicial guidelineslo3. Prison Labour and Wages
Prison labo'ur in India always viewed as a mode of punishment. In the same time, there are movements in order to eliminate free labour rendered by prisoners. The Indian Judiciary promptly reacted towards eliminating free labour practices in jails. In the case of 'Mohammad ~ i a s i d d i nV State of Andhra Pradesh"13 and 'Dharambir V State of U.P.'l14, the Supreme Court of lndia held that the prisoners are entitled to fair wages for the work done by them. The court of law analyzed the scope of section 53 of the Indian Penal Code and said that section talks about "hard labout* but not "free labour" for the rigorous imprisonment115 Recently, in the case of state of Gujarat V High Court of Gujarat1.16, the Supreme Court of lndia while recognizing the fact that the jail authorities are enjoying by law to impose hard labour on prisoners who have been sentenced tp rigorous imprisonment. It also directed all the State Governments to take a policy decision on the matter without any further delay and recommended that, until such decision, every prisoner must be paid wages for the work done at the rater or revised rates at the government concern fixes. The problem of human rights of persons in custody is the main theme of prison reforms in the country today. In this background, it can be concluded that, the current trend on prison pr ison reform in lndia is guided by the following considerations: + There are certain rights and freedoms those are fundamental to h u m a ~e xistence. They are ar e not privileges, nor gifts given at the whim of a ruler r uler or a government. Neither they can be taken away by any arbitrary power. They can not be derfied, nor can they be forfeited because an individual has committed any offence'or broken any law. + Human right initiatives and obligations under the constitution of lndia as well as international conventions are now an important feature of the day to day conduct of the government in order to promote and to protect a wide variety of human rights. Prisons are no
more considered as a 'House of Captives' but they are correctional institutions. Prison regime'help the prisoners to lead law abiding, self-supposing, reform and socially rehabilitated life. A person coming to prison does not become a non-person. Prisoners have all constitutional rights except those limited due to their imprisonment. Human rights are a basic element of correctional justice based on assumptions that hate-the crime, not the criminal. A prisoner should have human rights in order to learn and respect the human rights of others after release. Debarring a prisoners from human rights would pose a direct threat to our own humanity and civilization. Prisoner is sent to prison as a punishment, but not for the p~nishfnent."~ Conclusion
Programmes for reformation and rehabilitation of offenders, for making them useful citizens, must find a place in our national plansIi8. In this context, there is no denying to the fact that an effective and adequate prison reform policy in the light of fast developing and widely recognized principles of human rights is one of the most unfailing tests of the civilization of every country. However, even after 50 years of independence the conditions of prison and prisoners in lndia appear not to have improved wuch. There is large network of criminals, officials, and non-officials'in the prison: the house of correction and drug racket, alcoholism, smuggling, violence, theft, un-constitutional punishment by way of solitary cellular life and transfer in other jails are not u n - c omm~ n lT~h~e. law has an important role to play towards achieving the noble goal of maintaining the human right standard in Indian Jail. The role of judiciary, legislature, press and most importantly the participation of people cannot be sidelined for formulating a comprehensive prison management policy at the national level. The government have to promptly make endeavor for the "Formulation of New Model Prison Manual" by replacing the archaic model prison manual of 1969. The proposed "Model Prison Manual" should be strongly on the l i n e o f the recommendation of the All lndia Jail Reform Committee. The standard minimum rules for treatment of Prisoners of the United Nations could be an important tool towards this direction. The changed jurisprudential towards prison system is based on therapeutic approach rather deterrent theory of punishment. This should be adequately reflected in the proposed legislature on prison reform. To achieve this end, the state have to undertake legislative reform as a first step towards achievirig the goal. The Directive Principles of State policy on prisons should be formulated and be embodied in Part IV of the C o n s t i t u t i ~ n ~ ~ ~ . The suject of prisons and allied institutions should be included in the Concurrent list of the Seventh schedule of the constitution of India121. All the Acts pertaining to –prison administration should be complied and a new uniform and comprehensive legislation should be enacted by the government of lndia for the entire country. The government of lndia should prepare a Model Bill to be adopted by all the States and Union Territories for this purpose722T. he
State governments and Union Territories should take prompt action to frame rules under the prison statute. The domestic laws iike: Young offenders Act, Borstal School Act, Pxobaticn of Offenders Act, Children Act Habitual Offenders Act, Juvenile Justice ActTz3et c and the lndra;: lndra ;: Penal Code andcrime Procedure code should be amended ,n the light of the provisions of the new Model prison manual arid All lndia Jail Reform Committee Report. The article hopes that by implementing all the aforesaid suggestions, lndia could be a model state for most of the Afro-Asia developing countries in mthe field of prison reform in the new millennium. lndian prison could be the center for correction by providing mental. Mbtal and vocational training, so that the offenders can rehabr!rtate themselves after their release from prisons and to enjoy !heir normal life as a sensible citizen of this great country. The study identified certian priority areas for prison reforns as enumerated below: Need to provide adequate exposure to prison staff both at the national and international levels. + Finding the best prison practices and implementing the same in the lndian-context. Proper recognition to Indian prison service and cadre. career planning for prison officer at the nattonal level. + Development of correctional training in order to have
