Introduction:
The word ‘prisoner’ means any person who is kept under custody in jail or prison because he/she committed an act prohibited by the law of the land. The Indian socio-legal system is based on non-violence, mutual respect, and human dignity of the individual (Kleinstuber, 2009).[1] By committing a crime, a person does not change from being human and still is endowed with all the aspects that demand him to be treated with the human dignity and respect that a human being deserves. Punishing the offenders is the primary function of all civil societies (Beier, 1931). Prisons are known to have existed throughout history. The existence of prisons can be traced back to the ancient period. It was believed that rigorous isolation and custodial measures would reform the offenders. Custody, care, and treatment are the three main functions of a modern prison organization. For over 100 years, there was emphasis on custody which, it was believed, depended on good order and discipline. The notion of prison discipline was to make imprisonment a deterrent. Consequently, hard punitive Labour with no regard for human personalities and severe punishments were the main basis of prison treatment. More than 40 prison offenses have been listed in the jail manuals of many States and any infraction was visited by quite a few barbaric punishments (Rock 1996). Gradually, the objective of imprisonment changed from mere deterrence to deterrence and reformation. This led to the abandonment of some of the barbaric punishments and introduction of the system of awards for good work and conduct in the form of remission, review of sentences, wages for prison labor, treatment in open conditions, parole, furlough, canteen facilities (Satpathy 2000). Revision has now been made to meet adequately the basic needs of food, clothing, medical care etc. Educational and vocational training programs along with training in scouting etc, have been introduced in jails. Custodial requirements for individuals are now at some places determined on the basis of their antecedents, conduct and performance. Despite these measures, there is yet no clear cut policy measure on prison reforms. A major problem is overcrowding in prisons especially of under trial prisoners (Guin 2015). The courts in recent years have also been giving serious thought to the violation of the human rights of prisoners. Individuals can hope that in the years to come the present gap.[2]
Analysis with Historical Background:
Prison reform in India remains a pressing issue, shaped by the colonial-era Prisons Act of 1894, which continues to govern the prison system despite evolving human rights standards. Indian prisons suffer from severe overcrowding, with the National Crime Records Bureau reporting an occupancy rate of 118% as of recent years. This overcrowding leads to substandard living conditions, limited healthcare, and heightened instances of violence, which collectively hinder prisoners’ rights and rehabilitative efforts. Prisons are often punitive rather than reformative, creating cycles of recidivism rather than reintegration into society.[3]
Attempts at reform have seen some judicial and policy-driven responses. The Supreme Court, in D.K. Basu v. State of West Bengal (1997), laid down guidelines to curb custodial violence, emphasizing the importance of prisoner rights and fair treatment.[4] Additionally, the Model Prison Manual of 2016, developed by the Ministry of Home Affairs, aimed to modernize prison management by encouraging educational, vocational, and mental health programs, though implementation varies widely across states.[5] Committee recommendations, such as those from the Justice Mulla Committee (1983) and the Justice Krishna Iyer Committee (1987), also highlighted the urgent need for humane treatment, better infrastructure, and reformative programs; however, these recommendations remain largely unimplemented due to lack of funding, political will, and prioritization.[6]
Some state-level initiatives, like Kerala’s rehabilitation programs and Delhi’s Tihar Jail vocational training, offer promising models but are exceptions rather than the norm. Despite growing awareness, nationwide reforms are impeded by systemic issues and resource constraints. India’s prison reform thus remains slow, necessitating stronger policy enforcement, improved accountability, and sustained funding to foster a shift toward rehabilitation over mere incarceration.[7]
Issues and Challenges:
Prison reform in India faces significant issues and challenges, impacting the rehabilitation and humane treatment of inmates. A primary concern is overcrowding, with National Crime Records Bureau data showing an occupancy rate surpassing 118% in many prisons.[8] Overcrowded facilities stretch resources thin, leading to poor sanitation, limited healthcare, and increased violence among inmates. This situation undermines any rehabilitative efforts, as prison infrastructure is often ill-equipped to provide vocational training, education, or mental health support essential for reintegration.[9]
The punitive nature of the Indian prison system is concerning, based on the antiquated Prisons Act of 1894, which emphasizes incarceration rather than rehabilitation. While the Ministry of Home Affairs introduced the Model Prison Manual in 2016, suggesting reforms such as mental health assistance and job training, the implementation of its guidelines has varied significantly from state to state. Additionally, the lack of qualified professionals, including psychologists and vocational trainers, hampers the success of these initiatives.[10]
The punitive nature of the Indian prison system is concerning, based on the antiquated Prisons Act of 1894, which emphasizes imprisonment instead of rehabilitation. While the Ministry of Home Affairs introduced the Model Prison Manual in 2016, suggesting reforms like mental health assistance and vocational training, the implementation of its guidelines has varied across different states. Additionally, the lack of qualified staff, such as psychologists and vocational trainers, hampers the success of these initiatives.
Some states, like Kerala and Delhi, have implemented creative rehabilitation programs that provide vocational training and psychological assistance, but these efforts are more the exception than the norm.[11] For significant reform to occur, India’s prison system needs to shift toward a rehabilitative model that emphasizes policy implementation, sufficient funding, and thorough staff training, with the goal of creating a system that facilitates reintegration instead of perpetuating cycles of imprisonment.
Prisoner Condition In Simanchal (Bihar) Area:
The National Human Rights Commission (NHRC) India, has considered a report from IG Prisons and Reform Services, Bihar of payment of Rs. 3 lakh as compensation in a case of death of an undertrial prisoner (UTP) due to medical negligence. The Commission noted that the report is silent on the final outcome of departmental proceedings against the doctors who were indifferent and negligent in the treatment of the UTP. The Commission has, therefore, directed the Chief Secretary of the Government of Bihar to submit the report on the action taken against the doctors. The victim was imprisoned on 8th July 2018 and was undergoing treatment at the Jail Hospital. On 14th July 2018, he was referred to Sadar Hospital, Purnia but the doctor declared him dead.[12]
The Commission observed that the magisterial inquiry has concluded that the victim was reported to be aggressive during the imprisonment. He was not treated professionally by the jail doctors and was even confined with handcuffs. The doctors also concealed the condition of the victim from the concerned State Authorities. The magistrate in his report clearly held that the death happened due to the medical negligence of the jail doctors.[13]
The Commission, after examination of the report by its Investigation Division, had further observed that the victim was probably suffering from alcohol withdrawal and the violent methods used by the doctors resulted in his death. Therefore, the Commission had issued a Show Cause Notice to the Govt. of Bihar through its Chief Secretary, recommending a compensation of Rs. 3 lakh to the next of kin of the deceased victim. In addition, the Chief Secretary, Govt. of Bihar was directed to take action on the findings of the Magisterial Enquiry Report as medical negligence has been established against jail doctors.
Rising Custodial Deaths in Bihar’s Araria, Family Awaits Justice:
In the past two years, a series of custodial deaths and undertrial prisoners’ deaths in hospitals have brought attention to the dire situation in Araria district’s prisons. These incidents have highlighted a concerning trend, where the victims all belonged to economically weak, minority, or Mahadalit families.
Among those who lost their lives were Mohd Mumtaz, who passed away on May 13th, 2020; Mohd Ashfaq, who died on December 31st, 2020; Imran, who succumbed on February 27th, 2021; Naresh Dharkar, who passed away on June 14th, 2022; and Mohd Sajjad, who tragically died on July 16th, 2022. Recent attention has also been drawn to the case of Mohd Waseeq, an undertrial prisoner currently receiving treatment at Sadar Hospital. Waseeq has leveled serious allegations against the jail administration, further highlighting the systemic issues within the prison system.
Mumtaz: A death during COVID-19
The tragic death of 29-year-old Mohd Mumtaz, a resident of Araria city’s Azad Nagar, has brought to light disturbing allegations of neglect and malnutrition within the prison system. Mumtaz, who was serving time for his involvement in a stabbing incident, passed away at Sadar Hospital in Araria after his health deteriorated while in jail. Amid growing concerns about Mumtaz’s well-being, the family requested that he be transferred to another hospital for better care. However, they were instructed to obtain permission from local authorities, causing further delays. Eventually, Mumtaz was taken to Patna but returned in critical condition and passed away the next day.
The family insists that Mumtaz did not have any altercations with other inmates but had visible stitches on his hand, which they claimed were a result of mistreatment by jail authorities.
Model Prisoner Act, 2023:
The Model Prisons Act, 2023, introduced by India’s Ministry of Home Affairs, modernizes the outdated 1894 Prisons Act, focusing on prisoner rights, rehabilitation, and security. Key provisions include improved living conditions, mental health support, and special protections for vulnerable groups. The Act emphasizes reformation over punishment, mandating vocational training, educational programs, and clearer parole guidelines to foster reintegration. To address overcrowding, it strengthens Undertrial Review Committees to review prolonged cases and recommends alternative sentences for minor offenses. Technological upgrades, such as CCTV for enhanced security, and independent oversight boards aim to ensure transparency and accountability. Staff training on human rights and management practices is prioritized to foster a humane approach. Although implementation will require significant coordination and resources, the Act seeks to transform prisons into institutions focused on reform, justice, and reducing recidivism.
Conclusion and Recommendations:
In summary, India’s efforts toward prison reform have seen gradual advancements but continue to encounter systemic obstacles, mainly due to overcrowding, insufficient healthcare, outdated facilities, and a focus on punishment instead of rehabilitation. The ongoing existence of these challenges underscores a disconnect between established policies and their practical implementation. Although initiatives such as the Model Prisons Act, 2023, represent progress, genuine transformation will necessitate ongoing commitment from state governments, dedication to uphold the rights of prisoners, and adequate funding to modernize the correctional system.
Suggestions:
Bolster Rehabilitation Initiatives: Create standardised educational and vocational training opportunities to facilitate reintegration, emphasising skills that promote employment and support for mental health.
Alleviate Overcrowding: Enhance the effectiveness of Undertrial Review Committees to quicken the process of granting bail for minor offences and investigate alternatives to incarceration, like community service.
Upgrade Healthcare Provisions: Ensure regular health assessments, mental health support, and drug rehabilitation programs to tackle health problems in correctional facilities.
Boost Accountability: Establish independent oversight committees to conduct routine audits and promote transparency through the implementation of CCTV and similar technologies.
Provide Ongoing Training for Prison Personnel: Emphasise human rights education and professional management to cultivate a more humane prison atmosphere.
“Written by Satish Kumar Mehta, LL.B. (LC1 University OF Delhi, LL.M (NFSU)”
References
[1] Kleinstuber, Ross. Rehabilitative Justice: An Examination of Treatment Programs in Correctional Facilities. University of Texas Press, 2009
[2] Rock, Paul. The Making of Modern Penal Policy. Oxford University Press, 1996.
[3] National Crime Records Bureau, Prison Statistics India, Government of India
[4] D.K. Basu v. State of West Bengal, AIR 1997 SC 610.
[5] Ministry of Home Affairs, Model Prison Manual for the Superintendence and Management of Prisons in India, 2016.
[6] Justice Mulla Committee Report (1983) & Justice Krishna Iyer Committee Report (1987), Government of India.
[7] Kerala and Tihar Jail initiatives as noted in various state reports and publications.
[8] National Crime Records Bureau, Prison Statistics India, Government of India.
[9] S. Bedi, “Prison Overcrowding in India: Causes, Consequences, and Solutions,” Indian Journal of Criminology, 2020.
[10] Ministry of Home Affairs, Model Prison Manual for the Superintendence and Management of Prisons in India, 2016.
[11] State government reports on Kerala and Tihar Jail initiatives, 2022.
[12] Case of Medical Negligence and Compensation,” 2018, accessed [date of access].
[13] Magisterial Inquiry Findings on Medical Negligence,” Bihar State Records, 2018.
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