Sunday 6 October 2024

Notes on prison reforms in India with latest Supreme court judgment

 Prison reforms in India have been a critical area of focus, particularly in light of recent Supreme Court judgments that address systemic issues within the prison system. Here’s a concise overview of the reforms, emphasizing the latest developments and judicial interventions.

 Overview of Prison Reforms in India

 Historical Context

- Prisons Act of 1894: This colonial-era law primarily focused on punishment and discipline, neglecting rehabilitation and the humane treatment of prisoners.

- Post-Independence Initiatives: Various committees, such as the Mulla Committee (1980) and Krishna Iyer Committee (1987), recommended significant reforms to improve conditions, focusing on rehabilitation and the rights of prisoners.

Model Prisons Act 2023

- Introduction: The Model Prisons Act 2023 aims to replace the outdated Prisons Act of 1894, shifting the focus from retribution to rehabilitation and reform.

- Key Features:

  - Emphasizes legal aid, parole, and furlough as incentives for good behavior.

  - Introduces provisions for separate accommodations for women and transgender inmates.

  - Promotes the use of technology in prison management, including video conferencing for court appearances.

  - Focuses on the physical and mental well-being of prisoners.

 Recent Supreme Court Judgment

- Caste-Based Discrimination Ruling Sukanya Shantha v. Union of India (Writ Petition (C) No. 1404 of 2023) dated October 03, 2024: The Supreme Court declared caste-based discrimination in prisons unconstitutional. It struck down provisions in state prison manuals that assigned jobs based on caste, reinforcing that all prisoners should be treated equally regardless of their background. The court mandated states to amend their prison manuals within three months to eliminate discriminatory practices. This ruling emphasized that such discrimination violates Articles 14 (equality) and 15 (prohibition of discrimination) of the Constitution and called for immediate reforms across all states.

- Focus on Dignity: The court highlighted that caste-based job assignments, which often relegated marginalized communities to menial tasks, are a violation of human dignity. It ordered the removal of caste references from convict and undertrial registers and criticized practices that reinforce caste hierarchies within prisons.

 Implications

- Holistic Reform: The combined efforts of legislative changes through the Model Prisons Act 2023 and judicial interventions aim to create a more humane and rehabilitative prison system in India.

- Addressing Systemic Issues: These reforms seek to tackle overcrowding, discrimination, and inadequate facilities while promoting the rights and dignity of all inmates.

Overall, these developments reflect a significant shift towards recognizing prisoners' rights and ensuring their rehabilitation within a modernized framework. The ongoing reforms aim to create a more just criminal justice system that prioritizes human dignity and equality.



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