Seminar on "Prison Reforms"
The National Human Rights Commission organized a day long national seminar on "Prison Reforms" in New Delhi today which concluded with several recommendations to improve conditions in prison.
Inaugurating the seminar, Mr. Justice K.G. Balakrishnan, Chairperson, NHRC said that laws in India reflect our belief in reformatory theory of prisoners. Therefore, the focus should be on that, and the prisons should function like corrective homes. Referring to the Mulla Committee report on prison reforms, he said that a separate cadre for prison administration could resolve many problems relating to jail management, including overcrowding, delayed trial of undertrial prisoners, lack of facilities in the jail premises etc. Justice Balakrishnan said that parole provisions for prisoners should be used more liberally.
Addressing the gathering, Mr. Justice G.P. Mathur said that even after more than a century of the enactment of Prisons Act and more than sixty years since independence, no medical officer has been posted in many prisons and a doctor from the district hospital occasionally visits the prison for a short period. He also said that in a number of cases, the undertrials through their advocates try to avoid trial proceedings to win over witnesses, resulting in overcrowding of jails.
Mr. Sunil Krishna, Director General (Investigations) NHRC said that prisons constitute a critical case of human rights concern. The conditions prevailing in an average Indian prison depict a depressing picture. It becomes all the more grim given the fact that most of the arrests are unnecessary and unjustified which lead to overcrowding in jails. He said that health care, sanitation and decongestion are the areas which need immediate attention and innovative solutions by the prison authorities in respective states.
Representatives of Union Home Ministry, State Human Rights Commissions, Bureau of Police Research and Development, Institute of Correctional Administration, senior prison officers representing different states, NGOs and officers of NHRC participated in the discussions.
Some of the other key issues which emerged during the discussions are as follows:-
o Magistrate should pass orders only in the presence of an accused to be produced by the police as required under law;
o No accused should be tried by a court without extending the services of an advocate;
o Prison reforms are a low priority area for the government;
o Research and development in prison reforms is necessary;
o Time and date for meeting of prisoners with their relatives needs to be looked into keeping in view holidays and their convenience;
o There is a long gap between dinner and breakfast for prisoners, which requires to be more realistic keeping in view the changing times;
o Concept of open prisons needs to be further worked on to address the overcrowding in jails as due to overcrowding there is disorder and a few prisoners understand the distinction between criminal conduct and good citizenship;
o Indiscriminate arrests contribute significantly to the problem of overcrowding and increase expenditure in jails;
NHRC has found that undertrials in a few cases remained in judicial custody for 24-54 years which is much above the period of a sentencing to imprisonment under any section of the IPC.
Commission's approach on prison reforms:-
o Study the factors responsible for overcrowding in jails and suggest measures for the same;
o Look into issues affecting the human rights of convicts and undertrial prisoners subjected to custodial torture etc. and make necessary recommendations for amelioration;
o Encourage measures to develop or improve the professional skills of jail inmates to facilitate their reintegration into society upon release from jail;
o Seeking monthly reports from all the Inspectors General of prison on the number of convicts and undertrial prisoners in their jails;
o Release of undertrial prisoners on bond if they have completed half or two-thirds of their punishment period;
o Working out a system of holding regular special courts in the prisons for early disposal of cases;
o To offload a large number of prisoners by making the availability of bail accessible, undertaking speedy trials and providing legal aid;
o An institutional mechanism should be in place to protect the future of the children of the prisoners;
o Prison conditions should be made more people-friendly, keeping in view the needs of women, aged and mentally-ill prisoners;
Inaugurating the seminar, Mr. Justice K.G. Balakrishnan, Chairperson, NHRC said that laws in India reflect our belief in reformatory theory of prisoners. Therefore, the focus should be on that, and the prisons should function like corrective homes. Referring to the Mulla Committee report on prison reforms, he said that a separate cadre for prison administration could resolve many problems relating to jail management, including overcrowding, delayed trial of undertrial prisoners, lack of facilities in the jail premises etc. Justice Balakrishnan said that parole provisions for prisoners should be used more liberally.
Addressing the gathering, Mr. Justice G.P. Mathur said that even after more than a century of the enactment of Prisons Act and more than sixty years since independence, no medical officer has been posted in many prisons and a doctor from the district hospital occasionally visits the prison for a short period. He also said that in a number of cases, the undertrials through their advocates try to avoid trial proceedings to win over witnesses, resulting in overcrowding of jails.
Mr. Sunil Krishna, Director General (Investigations) NHRC said that prisons constitute a critical case of human rights concern. The conditions prevailing in an average Indian prison depict a depressing picture. It becomes all the more grim given the fact that most of the arrests are unnecessary and unjustified which lead to overcrowding in jails. He said that health care, sanitation and decongestion are the areas which need immediate attention and innovative solutions by the prison authorities in respective states.
Representatives of Union Home Ministry, State Human Rights Commissions, Bureau of Police Research and Development, Institute of Correctional Administration, senior prison officers representing different states, NGOs and officers of NHRC participated in the discussions.
Some of the other key issues which emerged during the discussions are as follows:-
o Magistrate should pass orders only in the presence of an accused to be produced by the police as required under law;
o No accused should be tried by a court without extending the services of an advocate;
o Prison reforms are a low priority area for the government;
o Research and development in prison reforms is necessary;
o Time and date for meeting of prisoners with their relatives needs to be looked into keeping in view holidays and their convenience;
o There is a long gap between dinner and breakfast for prisoners, which requires to be more realistic keeping in view the changing times;
o Concept of open prisons needs to be further worked on to address the overcrowding in jails as due to overcrowding there is disorder and a few prisoners understand the distinction between criminal conduct and good citizenship;
o Indiscriminate arrests contribute significantly to the problem of overcrowding and increase expenditure in jails;
NHRC has found that undertrials in a few cases remained in judicial custody for 24-54 years which is much above the period of a sentencing to imprisonment under any section of the IPC.
Commission's approach on prison reforms:-
o Study the factors responsible for overcrowding in jails and suggest measures for the same;
o Look into issues affecting the human rights of convicts and undertrial prisoners subjected to custodial torture etc. and make necessary recommendations for amelioration;
o Encourage measures to develop or improve the professional skills of jail inmates to facilitate their reintegration into society upon release from jail;
o Seeking monthly reports from all the Inspectors General of prison on the number of convicts and undertrial prisoners in their jails;
o Release of undertrial prisoners on bond if they have completed half or two-thirds of their punishment period;
o Working out a system of holding regular special courts in the prisons for early disposal of cases;
o To offload a large number of prisoners by making the availability of bail accessible, undertaking speedy trials and providing legal aid;
o An institutional mechanism should be in place to protect the future of the children of the prisoners;
o Prison conditions should be made more people-friendly, keeping in view the needs of women, aged and mentally-ill prisoners;