The long fight for accessibility dignity in Indian prisons

The long fight for accessibility, dignity in Indian prisons

• The Indian prison system is a clear testimony of systemic failures, including persistent overcrowding, violation of human rights and continued neglect of fundamental prisoner welfare.
• Despite several judicial interventions and policy recommendations since the 1980s, the condition of prisons / jails continues to be appalling, with facilities operating far beyond their intended capacity. The systemic failure is particularly evident in the treatment of vulnerable populations (such as prisoners with disabilities, who are highly marginalized and denied basic human dignity) that needs the most attention.

Regulation of Prisons in India:

The constitutional provisions:

• Article 21: It protects prisoners from torture and inhumane treatment. It also ensures timely hearing for the prisoners.
• Article 22: The arrested person must be immediately informed of the reasons for his arrest and has the right to consult and be defended by a lawyer of his choice.
• Article 39A: It ensures free legal aid to ensure justice to those unable to afford legal representation.

The legal framework:

The Prison Act, 1894:

• The Prison Act, enacted during the British rule, serves as the basic legal framework for prison management in India.
• It focuses on the custody and discipline of prisoners but lacks provisions for rehabilitation and reformation.

The Identification of Prisoners Act, 1920:

• This law regulates the identification process and collection of biometric data of prisoners.

Transfer of Prisoners Act, 1950:

• It provides guidelines for the transfer of prisoners between different states and jurisdictions.

The monitoring system:

Judicial Monitoring:

• The Indian judiciary plays an important role in monitoring prison conditions through Public Interest Litigations (PILs) and specific cases related to prisoners’ rights.
• For example, in D.K. Basu v. State of West Bengal (1997), the Supreme Court had directed strict protocols for arrest and detention.
• The recent directions of the Supreme Court have emphasised the need to ensure compliance of human rights standards by the States.

Related international frameworks:

• Several international agreements and conventions set global standards for the treatment of prisoners and the prevention of torture, including:
• The Universal Declaration of Human Rights (UDHR) (1948) The Declaration on the Protection from Torture (1975) The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment (1984).

History of Prison Reform in India:

The pre-independence period:

• Under British rule, Indian prisons were notorious for their harsh conditions, as the British authorities used imprisonment as a deterrent through harsh punishments.
• The Indian National Congress included prison reform as a part of the Indian Penal Code in its demands in the year 1920.

The post-independence era:

• The All-India Prison Manual Committee was set up in 1952, which recommended classification of prisoners, provision of medical care and vocational training.
• It also suggested the appointment of social workers and psychologists to assist in the rehabilitation of prisoners.
• In 1980, the landmark judgment of the Supreme Court in Sunil Batra v. Delhi Administration drew attention to the deplorable condition of Indian prisons and laid down guidelines for prisoners to access humane treatment, medical care and legal aid.

In recent years:

• In the 21st century, the government has made significant progress in prison reform.
• The 2016 Model Prison Manual was introduced to standardise prison management, with a focus on classification, medical care and vocational training of prisoners.
• In 2018, the Prison Development Fund was launched to modernize prison infrastructure and support state-level reforms.
• The Model Prisons Act, 2023 includes provisions for management of high security and open prisons, ensuring welfare of prisoners through legal aid, parole and good conduct incentives and use of technology for transparent prison administration and security.

Key issues related to prisons in India:

Congestion and capacity crunch:

• The Indian prison system is in crisis due to significant population growth, with official data showing a 131% occupancy rate (December 2022) in many facilities across the country.
• In 2021, the crisis was most acute in Uttarakhand, Uttar Pradesh and Delhi, where the number of prisoners crossed 180%, leading to increased health risks, limited access to basic facilities and the possibility of conflict among prisoners.

Undertrial Imprisonment and Judicial Delay:

• The crisis in question reflects a fundamental failure of India’s judicial system.
• According to the Prison Statistics India Report-2022, 75.8 per cent of India’s prisoners are undertrials.
• As highlighted in the recent Supreme Court directions, many undertrial prisoners are languishing in jail despite being eligible for release under provisions such as Section 479 of the Indian Civil Security Code (BNSS) due to bureaucratic inefficiencies.
• This systemic failure turns prisons into long-term detention centres, where individuals are punished before a legal sentence and some undertrials remain in prison for years without a formal sentence.

Rehabilitation of Prisoners and Mental Health Issues:

• India’s prison system remains fundamentally punitive rather than rehabilitative, with inadequate infrastructure for psychological support, skill development or social reintegration.
• The lack of comprehensive mental health services creates a cycle of institutional trauma, with increased rates of depression, anxiety, and potential recidivism among inmates.
• Various Indian studies have shown that the current prevalence of mental illnesses among prisoner’s ranges from 21% to 33%.

Disabled Prisoners and Accessibility:

• The systemic neglect of prisoners with disabilities represents a significant human rights failure in India’s correctional system.
• A 2018 audit of Delhi’s major prisons by the Nipman Foundation revealed serious gaps in accessibility, including non-functional wheelchairs, inaccessible cells and toilets that fundamentally compromise human dignity.
• The Rights of Persons with Disabilities Act, 2016 and the Nelson Mandela Rules (2015) provide for appropriate arrangements, yet the implementation is almost negligible.

Custodial Violence and Human Rights Violations:

• Custodial violence continues to be a persistent and systemic issue in Indian prisons and institutional mechanisms for accountability remain severely weak.
• The National Human Rights Commission reported more than 1,850 deaths in captivity in the session 2020-21, highlighting the culture of institutional impunity.
• Recent high-profile cases such as the custodial deaths and multiple encounters in Santhankulam, Tamil Nadu have exposed the deep-rooted culture of institutionalised violence.

Gender-based discrimination:

• Caste-based discrimination within prisons remains an important issue, affecting the treatment and rehabilitation of prisoners from marginalised communities.
• The Supreme Court recently ruled against caste-based segregation practices in Indian prisons and declared them unconstitutional.
• Despite this historic decision, implementation remains a challenge that undermines the dignity and rights of these prisoners.

Gender-specific issues:

• Women prisoners face specific challenges that are often overlooked in discussions about prison reform.
• Out of 23,772 women lodged in jails, 18,146 (76.33%) are undertrials.
• Reports show that women prisoners are particularly vulnerable to sexual abuse and harassment from both prison staff and male prisoners.
• The absence of female guards in many prisons exacerbates this problem, leaving women without adequate protection or recourse against abuse.
• Additionally, pregnant women in prisons often lack proper prenatal care and support services, highlighting the systemic failure to meet the needs of women prisoners.

Key judicial pronouncements related to prison reform:

• Hussainara Khatoon v. Home Secretary (Bihar) The Supreme Court ruled that free legal aid should be provided to indigent accused persons to ensure their right to a fair trial.

Charles Sobhraj v. Superintendent of Central Jail:

• The Supreme Court held that mere confinement in a prison cannot take away one’s fundamental rights.
• Keeping prisoners beyond capacity in prisons was declared a violation of human rights.

Sunil Batra v. Administration of Delhi (1978):

• This case affirmed that prisoners enjoy their fundamental rights as long as they do not struggle with imprisonment, including protection from cruel and inhuman treatment.

Ramamurthy v. State of Karnataka (1997):

• The Court took note of serious issues such as overcrowding in prisons, delayed trial, neglect of health and ill-treatment and urged the government to implement reforms.

What strategies can be adopted to improve the prison system in India:

Infrastructure and Accessibility Reforms:

• The Ministry of Home Affairs Accessibility Guidelines of July 2024 can be implemented to create universal design principles for prison infrastructure that is suitable for prisoners with disabilities.
• Modular prison designs should be developed to reduce overcrowding through efficient space utilization and create separate areas for different inmate categories.
• Investments should be made in sustainable prison infrastructure, including renewable energy, waste management and ecological rehabilitation programmes.
• Special housing units should be created for vulnerable population including women, aged persons and prisoners with disabilities.
• Multi-purpose spaces should be developed to facilitate education, skill development and psychological counselling.

Speedy and legal assistance in the judicial process:

• A comprehensive judicial reform strategy focusing on expediting trials through technology-enabled case management systems and specialised fast-track courts should be implemented.
• Recommendation of Justice Amitava Roy Committee for one lawyer for every 30 prisoners should be adopted to create a robust legal aid mechanism to ensure meaningful legal representation to undertrial prisoners.
• Taking inspiration from the principles of Babu Singh v. State of Uttar Pradesh (1978), the anticipatory bail mechanism should be expanded to reduce judicial pendency by providing proportionate sentencing options.

Comprehensive Rehabilitation and Skill Development:

• Prisons need to be transformed from penal institutions to rehabilitation centres by implementing mandatory vocational training, educational programmes and psychological counselling.
• Public-private partnerships should be developed with industries to create prison-based skill development programmes that can guarantee employment opportunities after release.
• The recommendations of the Mulla Committee should be implemented to create a special Indian Prisons and Correctional Service, which emphasizes rehabilitation-oriented training for prison staff.
• Compulsory mental health screening, counselling and continuous psychological support programmes should be introduced to deal with institutional trauma and reduce relapse.

Technology-Enabled Prison Management:

• A comprehensive Prison Management Information System (PMIS) should be created.
• Blockchain-based secure data management systems should be implemented to ensure privacy of prisoners while maintaining transparent institutional records.
• A nationwide digital case tracking system should be developed to track the pendency period and automatically activate the review mechanism for cases pending beyond reasonable time.
• Artificial intelligence and machine learning need to be leveraged to anticipate the complexities of the case and optimize judicial resource allocation.
• Telemedicine infrastructure should be developed to provide specialized health care facilities, especially for prisoners in remote locations or with limited medical facilities.

Transparent institutional monitoring:

• An independent prison ombudsman should be established with powers to conduct unannounced inspections, investigate human rights violations and recommend systemic reforms.
• Quarterly public reports detailing prison conditions, rehabilitation statistics and institutional challenges should be mandated.
• A comprehensive informant protection mechanism should be developed for prison staff and prisoners to report institutional malpractices.

Specific prisoner management approaches:

• Targeted intervention strategies should be developed for different inmate categories, including special programs for first-time offenders, long-term inmates, and those at potential radicalization risk.
• The recommendations of the Krishna Iyer Committee for special assistance to women and child offenders should be implemented, including through gender-sensitive infrastructure and rehabilitation approaches.

Conclusion:

• The greatest need of the hour is to transform our Criminal Justice System (CJS) into a more efficient and effective mechanism. This requires far-reaching changes beyond prison reforms. By prioritizing rehabilitation, investing in mental health services, and protecting the rights of all prisoners, we can establish a justice system that is both just and humane. The future of our society depends on our ability to enact meaningful reforms across the entire spectrum of criminal justice.