Reformation in the Indian Jail System is necessary for the present scenario. Rules and regulations incorporated were getting older and older.
Crime is considered to be a disease in our society. Crime is just a disease that can be cured through reformation. Therefore Jail should be a place where this disease is cured. So Jail can be considered a specialized hospital for curing the disease ‘crime’.
Jail should a place for curing the disease of crime and not a place where this disease turns into cancerous. Jail is the place for curing the disease ‘crime’ and for spreading it. So we can call it is a specialized hospital for curing the disease ‘crime’.
Jail is a place where the convicts are confined. Jail is somewhere the convicted are detained. Jail is the lawful confinement of convicts who are sentenced to imprisonment. Jail is a place where convicts are lawfully confined. Jail is the place where the criminal is confined as a way of punishment.
Jail can also know by the term Prison, it is an institution where the criminal is lawfully detained for the sentence of imprisonment which was pronounced by the Judicial authority. The prisoners were deprived of liberty.
Simply we can say that Jail is a place where convicts, who are sentenced to imprisonment, are lawfully detained as a way of punishing them. Jail is under the control of Local or State or Central Government whichever has the Jurisdiction over it.
Origin of the concept of Prison
Jeremy Bentham was one of the first Jurists who advocated penitentiary which means a place of punishment and personal reformation. He was the one who was against Death Penalty.
History and Origin of Jail
History of Jail System can easily be understood by classifying the periods into;
Ancient
Medieval
Modern
Ancient
The prison was mainly for debtors and under-trial prisoners till the late 18th century. Sentence of imprisonment is only for minor crimes and debtors. Most convicts or criminals are either put to death or deported.
Medieval
Correctional homes were established in Europe in the 16th century for the rehabilitation of minor offenders. Strict discipline and hard labour were the specialties of the Correctional Home. But the situation of the prisoners was pathetic because of the poor sanitation facilities, this leads to the rapid spread of epidemic diseases.
Modern
The prison was introduced in the 18th century. It was introduced due to the condition of the Jail. During the 19th century, Jails were introduced in Pennsylvania and New York in the USA.
Modern
The death penalty and deporting began to decline during the late 18th century. During the late 18th century, the Prison system rapidly increased, and thus even for the grave crime, the use of punishment became imprisonment.
During the early 21st-century death penalty was completely abolished in most countries. Imprisonment became the most severe punishment for a criminal even if it is grave crime. But still, some of the countries like Gulf countries are following capital punishment.
Indian Jail System
According to the Indian Jail System, Jail is a place where convicts, who are sentenced to imprisonment, are lawfully detained as a way of punishing them and reforming them, and also provide them all the necessities to lead a normal life. Jail is considered to be the Correctional House. It is the place where criminals are corrected. That is Indian Jail System tries to reform the convicts and make sure that they will not commit the crime again. Not only that provide them all the necessities for leading a normal life but also helping them to get reformed to live a normal life as well as a law-abiding citizen in society. This was the heart-core element in the Indian Jail System.
Reformation of Jail System in India
Jail is considered to be the Correctional House and is the place where criminals are corrected. This was the heart-core element in the Indian Jail System. But when we look into the actual practice it is not happening so.
Reasons
When we go through the reasons for not fulfilling the heart-core element, there were many reasons for the same. They are
There was no distinction between trial as well as the under-trial prisoners
Under-trial prisoners are more than the actual offenders
And also there is not the distinction between the criminal into heart-core criminals and minor offenders
Habitual offenders are put together with minor offenders
Unnatural Deaths in Prison
Mental health issues of Prisoners
Lack of awareness about Probation
Lack of Awareness
Few numbers of Jail Administrative as well as other staffs
There was no distinction between convicts and the under-trial prisoners
Both convicts as well as others prisoners including under-trial prisoners are put together.
Convicts are those persons who are punished for the offence. Convicts are those who are undergoing punishment.
Under-trial prisoners are those who are not yet punished but arrested and put in prison till the trial is completed. They are not yet convicted. They are put in jail till the trial get completed.
Under-trial prisoners are more than the actual offenders
According to National Crime Records Bureau in India, 68% of Prisoners are under-trial prisoners. According to them, this is because of unnecessary arrests and ineffective legal aid. The trial of a case may take years to complete. Till the completion of the trial, the accused were put in Jail. They also get bail during these periods. Sometimes these prisoners died during the proceedings of the case.
And also there is not the distinction between the criminal into heart-core criminals and minor offenders
Both minor offenders and heart-core criminals are put together. Convicts are classified into minor offenders and heart-core criminals.
Minors offenders are those who committed and were convicted for minor crimes.
Heart-core criminals are those who committed and were convicted punished for graver offences. They are not reformed.
Habitual offenders are put together with minor offenders
Habitual offenders are those who are committing offences again in the same manner and convicting for the crime. They are not reforming even after they are punished.
They all were put together. This makes them to aware to do a crime in a better manner. And also makes these minor offenders into a heart-core criminals.
Thus the heart-core element in the Indian Jail System was not fulfilling. Therefore it’s high time to reform the Jail System in Indian.
Unnatural Deaths in Prison
According to NCRB, the rate of unnatural deaths is being increased. According to them in 2015, it was 77 but in 2016, it has been increased to 102.
Mental health issues of Prisoners
According to NCRB, the rate of mental illness for prisoners is also increasing. There were very few psychiatrists for many Prisons.
Lack of availability of Free Legal Aid
Article 39 A of our Constitution provides for Free Legal Aid. But this is not properly getting to the prisoners. Not only that they are unaware of such rights. Reach of free legal aid is not easily getting even to the common people, then how it will easily avail for a prisoner.
Lack of Skills Development mechanism in Jail
Their skills were not developing when they are in prison. As heart-core criminals and other offenders were put together, their skills will not be developed. But their criminality is developed.
Lack of awareness about Probation
Offenders were unaware of the Probation and its benefits. Even the Lawyers were unaware about provisions of Probation and for whom all should get the benefits of Probation.
Lack of Awareness
The Prisoners have to lack awareness about their rights, laws, rules, and regulations, etc.
Few numbers of Jail Administrative as well as other staffs
The number of staff in a Jail is comparatively low. This number is based on the population survey conducted during the 90s.
Methods of reformation
Methods through which we can reform the Indian Jail System;
Providing access to Legal Aid
Skills Development
Distinction among criminals
Necessary supports
Education
Probation
Awareness
Increase the number of Jail Administrative as well as other staffs
Providing access to Legal Aid
Article 39 A of our Constitution provides for Free Legal Aid. The prisoners should provide access to Free Legal Aid.
Skills Development
There should be some mechanism for the development of their skills. The prisoners who were in prison have much skill so these capabilities of skill should be improved so that they can lead a normal life as ordinary citizens.
Distinction among criminals
Reformation should be in such a manner that even the heart-core criminals get reformed and will live a normal life as well as the Law abiding citizen of our country.
When we are thinking of reforms, first we have classified the criminals into heart-core criminals and minor offenders, and trial prisoners and under-trial prisoners. After we classify them, separate these offenders and treat them in likewise manner.
When heart-core criminals and minor offenders were put together, then minor offenders would also become heart-core criminals.
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Then provide them for those who need social, economical, psychological, and educational supports, and all necessary supports. These supports should be a reasonable one. Reasonableness will change according to the change of time, manner, and place.
Social supports
Society should accept them when they left Jail after punishment. They are also human beings should get humans to consider.
Economical support
Loans provide reasonable interest and reasonable time to be given for repayment of the loan should be given for self-employment. And other such economical supports should be provided.
Psychological support
Counseling and other psychological support should be provided for convicts. If they are committing crimes because of psychological problems, they should be treated and cured.
Education
Education is the best tool for Reformation. One of the best methods for making them reformed is providing them a meaningful Education. Education can help them to change their mindset, thought process, and even character. Education will be just a piece of paper if he doesn’t have good character. And if we provide them a meaningful Education which develops their capability as well as the character. When their character is reformed that means they are completely reformed and will be a better Law citizen and can lead a normal life like all others.
Probation
Minor offenders have to get Probation under the guidance of the Probation Officer. So that they are reformed. And they will understand their wrongs and correct them by themselves. When Probation is given to the offender the number of Prisoners will be reduced. So the minor offender should get Probation.
Awareness
They should get proper awareness. When they get aware, the crime may be reduced.
Increase the number of Jail Administrative as well as other staffs
The number of staff in Jail is based on the population survey conducted during the 90s. So it’s high time to increase the number of staff in a Jail.
Rights available for the Prisoners under Fundamental Rights
Fundamental rights are those basic rights for a human being provided in our constitution. They are some Fundamental Rights that are available for the prisoners. Such as
Equality before Law and Equal Protection of Law – Article 14
Everyone is equal before the Law and no one is superior or inferior before Law. They are equal irrespective of their caste, religion, sex, place of birth, residence, colour, race, etc.
Freedom – Article 19
There are mainly 6 freedoms that are also available for the Prisoners. They are
Freedom of Speech and Expressions- Article 19 (1) (a) and Article 19 (2)
Freedom of Speech and Expression means they can freely speak and express anything without fear but within its limits. Limitation for this is also provided in our Constitution. Such as
Affect the Existing Law
Prevents the State from making any Law imposing
The interest of Sovereignty and Integrity of India
Security of the State
Friendly relations with the Foreign States
Public Order
Decency
Morality
Contempt of Court
Defamation
Incitement to an Offence
Freedom to Assemble Peacefully and without Arms – Article 19(1) (b) and Article 19 (3)
This right means they can freely assemble without Arms. There are also some limitations. Such as
Affect the Existing Law
Prevents the State from making any Law imposing
The interest of Sovereignty and Integrity of India
Public Order
Freedom to Form Associations – Article 19 (1) (c) and Article 19 (4)
They can freely associates and make associations. But there are some restrictions. Such as
Affect the Existing Law
Prevents the State from making any Law imposing
The interest of Sovereignty and Integrity of India
Public Order
Freedom to Move throughout the Territory of India – Article 19 (1) (d) and Article 19 (5)
They can move freely anywhere within the territory of India. But there are also some restrictions. Such as
Affect the Existing Law
Prevents the State from making any Law imposing
The interest of the General Public
Protection of the Interest of Schedule Caste and Schedule Tribe
Freedom to Reside and Settle in any part of the territory of India – Article 19 (1) (e) and Article 19 (5)
They can freely reside and settle anywhere within the territory of India. But there are some limitations also. Such as
Affect the Existing Law
Prevents the State from making any Law imposing
The interest of the General Public
Protection of the Interest of Schedule Caste and Schedule Tribe
Freedom to Practice any Profession, or to carry on any Occupation, Trade or Business – Article 19 (1) (g) and Article 19 (6)
They can also profess and practice any profession anywhere within India. But there are some restrictions also. Such as
Affect the Existing Law
Prevents the State from making any Law imposing
The interest of the General Public
Professional or Technical Qualification
State-owned or controlled trade, business, industry, or service
Protection against Conviction – Article 20
No person shall be convicted except for the violation of Law. There are 3 rights provided under Article 20. They are
Ex Post Facto – Article 20 (1)
Ex Post Facto Law means Law which gives a penalty for the act already done. The term has not been inserted in this Article 20 (1). No one shall be punished on this basis. Act already done, enhancement of punishment, and a new procedure for prosecution are the 3 important parts in this Article
Double Jeopardy – Article 20 (2)
Double Jeopardy means double punishment of the offence for the same person and the same offence. This Article provides that no one shall be tried twice for the same offence
Self- Incrimination – Article 20 (3)
Self-Incrimination means being a witness or giving evidence against himself. No one shall be forced to give evidence against himself and being the witness against himself. There are 2 elements provided in this Article; that is
being a witness against himself and
giving evidence against himself
Right to Life or Personal Liberty – Article 21
No person shall be deprived of his Life or Personal Liberty. In this article there are many rights has been included such as the right to privacy, right to a pollution-free environment, right to shelter, etc
Protection against Arrest and Detention – Article 22
Some rights provided for them under this Article are as follows;
No one shall be arrested or detained without being informed of the grounds of arrest
Right to consult and defended by a Legal Practitioner
Produced before the nearest Magistrate within 24hrs
Not being detained for a period longer than 3 months
But there are some exceptions too. That is Preventive Detention.
Rights available for the Prisoners under UDHR
UDHR is the abbreviation of the Universal Declaration of Human Rights. It came into force in 1948, 10Decemeber. The rights available for Prisoners were provided in UDHR such as
No one should be tortured or cruel, inhumane or degrading treatment or punishment- Article 1
Everyone has the Right to Life, liberty, and security of person- Article 3
No one shall be subjected to arbitrary arrest, detention, or exile- Article 9
Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to Law in a public trial at which he has had all the guarantees necessary for his defence- Article 11
To conclude, there is an urgent necessity to reform the Jail System in India. This because of the reasons mentioned above. When we reform the Jail System in India, then the rate of crime will be decreased. And when someone does a crime by mistake, and when these offenders are put into Jail, they come into contact with the heart-core criminals, and they will provoke to do crime and at last, they will be heart-core criminals. Therefore Jail should be a place where the criminals are reformed, and they will start to lead a normal law-abiding citizen of our country. As we can say that situation makes someone to do a Crime. They become criminals because of some situations which make them do a Crime. And no one is born as a Criminal, it is the situation that makes them do a Crime. So Crime that’s the situation which makes them do a crime should be changed. Crime should be eradicated and not the criminals.
Author :-
Merry Isaac
LL.M Student,
Govt. Law College, Thiruvananthapuram
