Subject – Penology And Victimology

Topic-Critically comment of the effective implementation of the NHRC, SC,

HC, guidelines and Prison manual relating to prison , prison administration
and suggest necessary reforms.

Submitted BY-

Mayur Agrawal

13010124140

BBA LLB

4TH YEAR
Abstract:
The prison system is expected to make life unpleasant for people who, by their crimes, have
made others’ lives unpleasant. Finally, society wants to reduce crime rates. The prison system is
expected to reduce crime rates not only by reforming criminals but also by deterring the general
public from behavior which is punishable by imprisonment. The prison system in our country is
now been improved much. In general effects of imprisonment are the nature of the progressive
weakling of mental powers and of a deterioration of the character in a way which render the
prisoners’ life fit for useful social life and in consequence more liable to reconviction. Our
enormous investment of time, energy and money for reformative or rehabilitative prison model
has been demonstratively successful in preventing and controlling recidivism among prisoners.
But in previous time the prison condition was not so good. Now, in Indian prison the caring of
the prisoners are better and even improved as we compare with the ancient time. For the
reformation in India, many steps are being taken so that it could be possible in India as per in the
other countries. For this, the education system and its all facilities have been combined with the
prison system so that the prisoners may get the education so that they can live their life when
they come out from the prison and live their life respectfully. Through education the prisoners
can learn the socialism and learn how to behave with the people living in society. This approach
expressed a definite attitude towards human beings that they are modifiable for the better if given
the proper opportunity. But many Criminologist, psychologist and sociologist believe that the
ways in which inmates adopt to prison life have simplifications not only for the institution and
society but also for the future of the prisoners. Thus, through education the reformation in India
may be possible and also by the proper management and caring of the prison and prisoners in
Indian prison system.
Introduction:
Punishing the offenders is the primary function of all civil societies 1 . Prisons are known to have
existed throughout the history. Existence of prisons can be traced back to the ancient period. It
was believed that rigorous isolation and custodial measures would reform the offenders.
Experience, however, belied this expectation and often imprisonment had the opposite effect.
With the development of behavioral sciences, it began to federalize that reformation of offenders
was not possible by detention alone. Prisons are not normal places2.

The prisoners are deprived of freedom and personal contacts with family and friends. The utility
of prison as an institution for rehabilitation of offenders and preparing them for normal life has
always been a controversial issue. There are quite a large number of offenders who are otherwise
well behaved and are persons of respectable class of society but they fall prey to criminality on
account of momentary impulsiveness, provocation or due to situational circumstances. There is
yet another class of prisoners who are otherwise innocent but have to bear the rigors of prison
life due to miscarriage of justice. Obviously such persons find it difficult to adjust them to the
prison surrounding and find life inside the prison most painful and disgusting.

The real purpose of sending criminals to prison is to transform them into honest and law abiding
citizens by inculcating in them distaste for crime and criminality. But in actual practice, the
prison authorities try to bring out reformation of inmates by use of force and compulsive
methods.

Consequently, the change in the inmates is temporary and lasts only till they are in the prison and
as soon as they are released they again get attracted towards criminality. It is for this reason that
the modern trend is to lay down greater emphasis on the prisoners so that they can be
rehabilitated to normal life in the community. This objective can be achieved through probation
and parole. The sincerity, devotion and tactfulness of the prison officials also help the in the
process of offender’s rehabilitation. In India, prison reforms did not emerge out of the social
movement but were necessarily an outcome of the worst conditions of treatment faced by the
political sufferers in prisons during the period of their imprisonment. They repeatedly launched
protests with the prison authorities and made all possible efforts to see that the rigors of prison
life are mitigated and prisoners are humanly treated.

Meaning of Prison
Prisons are deliberately so planned as to provide unpleasant compulsory isolation from society.
A prison according to him characterizes rigid discipline, provision of bare necessities, strict
security arrangements and monotonous routine life. Life inside the prison necessarily pre-
supposes certain restrictions on the liberty of inmates against their free will3
1
Prison reforms in India by Mayur Agrawal
2
IJRC
3
Donald Taft
International Obligations and Guidelines
The International Covenant on Civil and Political Rights4 remains the core international treaty
on the protection of the rights of prisoners. India ratified the Covenant in 1979 and is bound to
incorporate its provisions into domestic law and state practice. The International Covenant on
Economic, Social and Cultural Rights5 states that prisoners have a right to the highest attainable
standard of physical and mental health. Apart from civil and political rights, the so called second
generation economic and social human rights as set down in the ICESR also apply to the
prisoners. The earlier United Nations Standard Minimum Rules for the Treatment of Prisoners,
1955 consists of five parts and ninety-five rules. Part one provides rules for general applications.
It declares that there shall be no 'discrimination on grounds of race, colour, sex, language,
religion, political or other opinion, national or social origin, property, birth or other status. At the
same time there is a strong need for respecting the religious belief and moral precepts of the
group to which a prisoner belongs. The standard rules give due consideration to the separation of
the different categories of prisoners. It indicates that men and women be detained in separate
institutions.

The under- trial prisoners are to be kept separate from convicted prisoners. Further, it advocates
complete separation between the prisoners detained under civil law and criminal offences. The
UN standard Minimum Rule also made it mandatory to provide separate residence for young and
child prisoners from the adult prisoners. Subsequent UN directives have been the Basic
Principles for the Treatment of Prisoners6 and the Body of Suresh Bada Math, Pratima Murthy,
Rajani Parthasarthy, C Naveen Kumar, S Madhusudhan (2011). Mental Health and Substance
Use Problems in Prisons: Local Lessons for National Action. Publication, National Institute of
Mental Health Neuro Sciences, Bangalore.

The rules state that “no prisoner shall be punished unless he or she has been informed of the
offences alleged against him/her and given a proper opportunity of presenting his/her defense”. It
recommends that corporal punishment, by placing in a dark cell and “all cruel, in-human or
degrading punishments shall be completely prohibited as a mode of punishment and disciplinary
action in the jails”.

Prison Reforms in India – A Brief Background & Overview

4
(ICCPR)
5
(ICESR)
6
(United Nations 1990)
The history of prison establishments in India and subsequent reforms have been reviewed in
detaiL7. A brief summary of the same is presented below. The modern prison in India originated
with the Minute by TB Macaulay in 1835. A committee namely Prison Discipline Committee,
was appointed, which submitted its report on 1838. The committee recommended increased
rigorousness of treatment while rejecting all humanitarian needs and reforms for the prisoners.
Following the recommendations of the Macaulay Committee between 1836-1838, Central
Prisons were constructed from 1846.

The contemporary Prison administration in India is thus a legacy of British rule. It is based on
the notion that the best criminal code can be of little use to a community unless there is good
machinery for the infliction of punishments. In 1864, the Second Commission of Inquiry into Jail
Management and Discipline made similar recommendations as the 1836 Committee. In addition,
this Commission made some specific suggestions regarding accommodation for prisoners,
improvement in diet, clothing, bedding and medical care.

In 1888, the Fourth Jail Commission was appointed. On the basis of its recommendation, a
consolidated prison bill was formulated. Provisions regarding the jail offences and punishment
were specially examined by a conference of experts on Jail Management. In 1894, the draft bill
became law with the assent of the Governor General of India8.

Prisons Act 1894

It is the Prisons Act, 1894, on the basis of which the present jail management and administration
operates in India. This Act has hardly undergone any substantial change. However, the process
of review of the prison problems in India continued even after this. In the report 9 for the first
time in the history of prisons, 'reformation and rehabilitation' of offenders were identified as the
objectives of the prison administrator.

The Government of India Act 1935, resulted in the transfer of the subject of jails from the center
list to the control of provincial governments and hence further reduced the possibility of uniform
implementation of a prison policy at the national level. State governments thus have their own
rules for the day to day administration of prisons, upkeep and maintenance of prisoners, and
prescribing procedures. In 1951, the Government of India invited the United Nations expert on
correctional work, Dr. W.C. Reckless, to undertake a study on prison administration and to
suggest policy reform. His report titled 'Jail Administration in India' made a plea for
transforming jails into reformation centers. He also recommended the revision of outdated jail
manuals.

In 1952, the Eighth Conference of the Inspector Generals of Prisons also supported the
recommendations of Dr. Reckless regarding prison reform. Accordingly, the Government of
7
Mahaworker (2006)
8
http://india.indymedia.org/en/2005/04/21046
9
Indian Jail Committee 1919-20
India appointed the All India Jail Manual Committee in 1957 to prepare a model prison manual.
The committee submitted its report in 1960. The report made forceful pleas for formulating a
uniform policy and latest methods relating to jail administration, probation, after-care, juvenile
and remand homes, certified and reformatory school, bookstalls and protective homes,
suppression of immoral traffic etc. The report also suggested amendments in the Prison Act
189410 to provide a legal base for correctional work.

The Model Prison Manual

The Committee prepared the Model Prison Manual 11 and presented it to the Government of India
in 1960 for implementation. The MPM 1960 is the guiding principle on the basis of which the
present Indian prison management is governed. On the lines of the Model Prison Manual, the
Ministry of Home Affairs, Government of India, in 1972, appointed a working group on prisons.

The Mulla Committee

In 1980, the Government of India set-up a Committee on Jail Reform, under the chairmanship of
Justice A. N. Mulla. The basic objective of the Committee was to review the laws, rules and
regulations keeping in view the overall objective of protecting society and rehabilitating
offenders. The Mulla Committee submitted its report in1983.

The Krishna Iyer Committee

In 1987, the Government of India appointed the Justice Krishna Iyer Committee to undertake a
study on the situation of women prisoners in India. It has recommended induction of more
women in the police force in view of their special role in tackling women and child offenders.

Subsequent Developments
Following the Supreme Court direction in Ramamurthy vs State of Karnataka 12 to bring about the
uniformity nationally of prison laws and prepare a draft model prison manual, a committee was
set up in the Bureau of Police Research and Development (BPR&D). In 1999, a draft Model
Prisons Management Bill (The Prison Administration and Treatment of Prisoners Bill- 1998) was
circulated to replace the Prison Act 1894 by the Government of India to the respective states but
this bill is yet to be finalized.

PRISON REFORMS IN INDIA

Specific Problems Related to Indian Prisons

10
http://www.humanrightsinitiative.org/index.php?option=com_content&view=article&id=108&Itemid=121
11
(MPM)
12
(1996)
 The problem of overcrowding in prisons

It is known fact that prison in most parts of India is overcrowded. For instance there were 8500
prisoners in Tihar Jail of Delhi in 1995, as against the capacity of 2500 persons. The effect of
overcrowding is that it does not permit to segregation among convicts those punished for serious
offences and for minor offences. As a result of this, the hard criminals may spread their influence
over other criminals13.

The juvenile offender who are kept in jails because of inadequacy of alternative places where
they can be confined, come into contact with hard criminals and are likely to become
professional offenders. And after release from the jail they might cause the harm in the society.

The law commission in its 78th report made some recommendations for easing congestion to the
prisons. These suggestions include liberalization of conditions of release on bail, particularly
release of certain categories of under trial on bail14.

Other methods of reducing overcrowding in prisons may include extensive use of fine as an
alternative punishment for imprisonment, civil commitment and release on probation.
Overcrowding may also be reduced by release on parole, a prison after he has served part of the
sentence imposed upon him. It is a conditional release of an individual from prison. The system
of remission, leave and premature release may also be useful in talking the problem of
overcrowding in prison institutions15.

Government’s discretion in early release of prisoners

The decisions in Diwan Singh v. State of Haryana 16, and in Sitabai v. State of M.P17. signifies
that the government’s discretion to grant premature release subject to section 433A of the Code
would not be interfered with. While in the former case, since no final decisions was taken by the
government on the proposal to release the petitioner, the writ application was rejected, in the
latter case the court pointed out that it was in the discretion of the government to grant or not to
grant premature release subject to section 433A. The Court does not have the right to issue
discretions.

The Madhya Pradesh High Court in Babupahalwan v. State of M.P 18 was approached by the
petitioner under articles 226 and 227 seeking premature release under rules 358 and 359 of the
Madhya Pradesh Prison Rules, 1968 framed under section 59 of the Prisons Act, 1894. Some of

13
Paranjape, N.V., “Criminology Penology”, 12th edition, Central law publication, 2005, p364

14
ibid
15
Nina Kinsella in Proceedings of the National Conference of Social work, 1937, p586
16
1990 Cri LJ 2364 (P & H).
17
1990 Cri LJ 2226 (MP).
18
1990 Cri LJ 2704 (MP).
these petitioners had earlier applied for release on licence under the provisions of the Madhya
Pradesh Prisoners Release on Probation Act 1954, and the rules frame there under.

The state opposed their application on the ground that under section 433A the prisoners would
have to serve 14 years actual imprisonment. Analyzing the various provision mentioned above,
the court conceded that the premature release sought for under each provision was not released
with absolute prison but on certain conditions. So such prisoners according to the court, remain
under the deemed custody. Describing the release after serving the term under section 433A as
release with absolute freedom, the court concluded that the release with condition is equivalent
to imprisonment which can be counted towards the 14 years of actual imprisonment under
section 433A. The court thus approved the conditional release of prisoners.

The problem of criminality in prison

Another problem related to prison disciplines concern criminality among inmates inside the
prison. The continuous absent from the normal society and detachment from members of the
family deprives the inmates of their sex gratification which is one of the vital biological urges of
human life19 .

The Indian prison management does not accept the idea of conjugal visits, as the system of
parole serve more useful purpose so far marital relationship concern. And such conjugal visits
cannot be appreciated for the reason of morality and ethical consideration keeping in view the
Indian values and cultural norms20.Another case of criminality among prison inmates is their
frequent quarrelling inside the institution. Every inmate tries to establish his superiority over his
fellow inmates. Therefore prisoners often narrate with exaggeration the tales of their adventure
and the dangers overcome by them while committing crime 21. There are occasion when inmates
quarrel on trifling matters like those of distribution of bread, toilets, etc. or the differences of
their opinion about a particular warden, guard or jailor. The offences of petty thefts are also
common in prisons because the inmates are supplied only the articles of bare necessities.
Obviously the articles stolen are usually soap, oil, utensils or a few loaves of bread which are
supplied to inmates in prisons22

REHABILITATION OF THE PRISONER- STEP TO BE TAKEN DURING

IMPRISONMENT

19
Id at 366
20
ibid
21
Id at 366
22
ibid
Education and training etc

There is a provision made by the prison authority that further education of all prisoners capable
of profiting thereby including religious instruction in the countries where there is possible. The
education of illiterates and young prisoners should be compulsory and special attention should be
paid to it by the administration. Every prison should have a library for the use of all categories of
prisoners and they should be encouraged to make full use of it. As far as practicable every
prisoner should be allowed to satisfy the needs of his religious life by attending the services
provided in the institution and having in his possession the books of religious observance and
instruction of his denomination23

And in purpose of training there is a special raining of cutting, sewing the cloths, and even
training for making goods and all. There the training different from male prisoners and the
female prisoners. After cleaning and grinding grain on the hand mills, they have given work like
needle work etc. for male they may be worked to take heavy materials and all.

Re-socialization24

As the concept socialization implies group membership, so the derivative concept re

socialization implies changes in group memberships. Many findings in the social origins of
individuals behavior suggests that the problem of re shaping the anti-social attitudes and values
of offenders is related to the possibility of altering the patterns of group membership which they
bring with them into the prison. The question therefore arise to what extend does the prison
community provide opportunities for altering the group membership and reversing the
socialization process which contributed to the criminal behavior of those incarcerated in it?

A necessary starting point of this inquiry would appear to be examinations of the prison
community as a functional social unite. A prison is a physical structure in a geographical location
where a number of people, living under highly specialized conditions, utilize the resources and
adjust to the alternatives presented to them by a unique kind of social environment. The people
crating and enmeshed in this environment include administrative, custodial and professional
employees, habitual petty thieves, one time offenders, gangsters, professional racketeers etc25

ALTERNATIVE TO IMPRISONMENT

COMPENSATION TO VICTIMS

23
Supra note 16
24
Norman Johnston, Leonard Savitz, Marnin E Wafgang., The sociology of punishment and correction, Published by
John Wiley and Sons, New York, 1962, p99
25
ibid
This is one of the alternatives to imprisonment, which is suggested by the 78th Law Commission
Report. And also a method by which it helps to reduce overcrowding in the prison institutions.

In Laxmi Devi v. Satyanarayan26, the court was confronted with a situation wherein it could not
have under the law, done anything favorable to the petitioner tough it was a case where the court
could not find the defendant guilty of bigamy because of some technical flaw. But the court
found reason to grant the compensation. In that case appellant is not able to prove the factum of
second marriage which is punishable under section 494 of I.P.C. that does not meant that
appellate should be left in the lurch. Exercising power under article 142 of the constitution,
appellate should be awarded compensation which will bring some solace when her life is
dismally dark. Therefore Supreme Court awarded compensation.

In Kewal pati v. State of UP27, the Supreme Court recognize the right of the legal heirs of the
victim prisoner who happened to be killed in the prison, to be compensated by the state as it
failed to afford him security in the prison.In a very interesting judgment, among other thing a
session court ordered that state government to pay up the cost of education of the children
accused till his imprisonment was over.

The Madhya Pradesh High Court in State of MP v. Mangu Alias Mangilal 28, reversing the
session judge’s order stated that the field of payment of compensation is covered by section 357
of the Cr. P.C., and therefore in regard to any related matter, inherent power cannot be exercised,
learned session judge has committed a grievous error in requiring the state to make payment
initially and subsequently to recover it from the first accused and in requiring the state to assure
responsibility for the education of the children.

CONCLUSION

Crime and society co-exist and are dynamic concepts. Society in its quest to preserve social order
and solidarity and to recognize certain social and individual values and rights, through its
26
1994 SCC (Cri) 1566
27
1995 (3) SCC 600.
28
1995 Cri. L.J. 3852 (MP)
criminal law, prescribes certain social norms, condemns and forbids certain human conduct and
stipulates ‘sanction’ to prevent the outlawed conduct

. The kind of conduct to be ‘forbidden’ the kind of formal social condemnation considered as
best calculated to prevent the officially outlawed conduct, obviously depends upon the moral and
social thinking of a community. The perception and the nature and content of crime and societal
reaction of its violation, therefore vary with the changes in the social structure, social thinking
and socio-economic settings and legal ethos.

Whether criminals are to be punished or dealt with constructively, an accused must not escape
before his guilt or innocence has been established. His appearance for trial may be secured
through an acceptance of his own promise to present himself. Usually however he must either
provide bail as a guarantee of appearance or be committed to jail to await trial. Correctional
system is because for the purpose of threat or fear that other person in the society can not try it
further.

No person who found guilty should be punished according to the law. But in spite of strict
liability crime is happening in the society because of many reasons like for financially
(corruption), political power, and different source etc. So by this reasons sometimes crime rate
also increasing in the society. But in spite of that, government has come with an alternative to
imprisonment by compensating to the victims and the community service to the prisoners. And
also to ratify the problems related in the prison institutions by prison reform. By this it can be
more settled in Indian prison system.