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A STUDY ON CONCEPT OF PRISONS AND THEIR IMPORTANCE IN MODERN

SOCIETY: WITH REFERENCE TO PRISON REFORM SYSTEM

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Volume1 Issue5 |October 2021 ISBN: 978-81-948082-7-5

A STUDY ON CONCEPT OF PRISONS AND THEIR IMPORTANCE IN

MODERN SOCIETY: WITH REFERENCE TO PRISON REFORM
SYSTEM.

By : Dr. DALLIANDEEP KAUR TIWANA1

& PAYAL SINGH2

ABSTRACT:
This research paper is focussed on the prison reform system in India and the need of this reform
in modern society along with the study of concept of prisons. An attempt has been made to
explain why we need prison reform and why there is an urgent need to promote it considering
various factors such as human rights and health issues. This research also sheds light on national
as well as international actions taken for this particular cause and their overall impact on prison
reform. A very deep study is done regarding the importance of prison and its role in the modern
society with reference to reformative theory. Rights and conditions of inmates have been talked
about along with problems faced by them. General approaches toward prisoners have been
mentioned in addition to thematic areas of work in field of prison reform. The research
methodology utilised in this research is qualitative and evaluation based as there is evaluation of
the impact of the actions taken in compliance of prison reform along with management oriented
review. The purpose of this research is to understand the position and concept of prison and to
gain an insight on actions taken for protection of the basic human rights of prisoners and to make
the management of prison system more efficient.

INTRODUCTION:
The Online Oxford English dictionary defines prison as - “A building in which people are legally
committed as a punishment for a crime or while awaiting their trial.” 3 Before the 1700’s,
governments of the time very rarely imprisoned criminals as a punishment, instead, people were
imprisoned only while awaiting their trial or punishment, so just for custody. Punishments that
were prevalent in those times were whipping, branding, monetary compensation or fines and
capital punishment in case of serious offence.4 The authorities punished these offenders in front

1
Asst. Professor at Lovely Professional University.
2
L.L.M. Student at Lovely Professional University.
3
The Oxford English Dictionary Vol. VIII
4
Lutze (1998) “Are shock incarceration programs more rehabilitative than traditional prisons? A survey of
inmates.” Justice Quarterly 15:547-563.

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of public with the aim to discourage people from breaking the law. However, with passing time
English and French rulers started keeping their political enemies in prisons, for which they used
places such as the Tower of London and the Bastille in Paris. In addition to this they had made
different prisons for different crimes, for instance, people who owed money and defaulted on
payments were held in debtor’s prisons. In majority cases the families of the prisoner could stay
with them and come and go as they wished, the debtors however had to stay in the prison until
their debts were fully settled. 5 In Dharmbir v. State of U.P 6 the court directed the state
Government to allow family members to visit the prisoners and for the prisoners at least once a
year to visit their families.
During that time many people including British Judge, Sir William Blackstone criticized use of
executions and other harsher punishments. As a result, governments turned to imprisonment as a
form of punishment. Now in modern time prisons are ignored and safety of inmates are at risk
therefore need of prison reform has become essential. All these arguments to promote prison
reforms is in a way a human rights argument. It is the premise based on which many UN
standards and norms have been developed and adapted with time. This argument is however
often insufficient and fails to encourage prison reform programmes in many countries, especially
those with increasing crime rates, scarce financial resources and huge population including India.
The detrimental impact of imprisonment is not only on individuals who are convicted but on
their families and general communities. Prisons are a very essential part of any criminal system
and are a symbol of civilisation, however they are ignored by the government. The essence here
is that a person does not lose all their rights just because they are in prison therefore prison
reform is very essential. The idea behind the establishment of this system was retribution and
reformation. However if prisons are not even safe or nurturing, we don’t really fulfil the initial
idea here. Economic factors need to be taken into account when suggesting and considering the
need for prison reforms. Money is an important factor along with choice.

CONCEPT OF PRISONS:
John Locke who was a great English political theorist of 17th century expressed his view and said
that- men were basically good, but laws were still required to keep down ‘the few desperate men

5
“NATIONAL POLICY ON PRISON REFORMS AND CORRECTIONAL ADMINISTRATION” Prepared By
Bureau of Police Research & Development Ministry of Home Affairs, Government of India, New Delhi, 2007.
6
1979 AIR 1595, 1980 SCR (1) 1

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in our society’. Prisons are the place where prisoners are kept in order to isolate them from the
society until they do their time and are ready to be free. Prisons are public institutions and which
is why they must perform the function assigned to them by the law which is custodial and
reformatory in nature. The law in simple words and precise manner declare that if any person, no
matter who is convicted of any crime i.e. an act forbidden by the law, they will undergo trial and
if convicted shall be placed either on probation, fine, or will undergo a sentence of
imprisonment. Men are thus sent to a prison as a punishment. Strictly speaking, the law sends
them to prison to be reformed but more importantly and primarily to be held in a safe custody.
Thus we can safely accept that till the last century, the central idea behind this system has been
to keep the prisoner in safe custody alone. The more recent and modern tendency now is that
prison system is meant for reformation of the prisoners. Along with that the objective is that they
may return to society as useful members and contribute to its welfare and this function of the
prison is now termed as discipline.7
Prisons serve as an important arm of criminal justice system and assist in punishing the deviant
behaviour of a delinquent. In India, prison falls under State subject in List II of the 7th Schedule
of the Constitution. The major administration of Prisons falls under the ambit the concerned
State Government and it is administered by the Prisons Act, 1894 and the Prison Manual of the
respective State Governments. Thus, States have the preliminary responsibility and main
authority to look into the current prison rules and regulations. Prison reform is necessary to
ensure that the concept behind formation of prison system is respected, the human rights of
prisoners are protected and their prospects for social reintegration could be increased.

IMPORTANCE OF PRISONS:
Prisons are very essential in today’s society for multiple reasons. Since Vedic period, the counter
social components of the society were kept in a place recognized by the rulers of the time, in
order to secure the general public against wrongdoing and to create an example out of it. Prisons
used to be considered as a Place for Captives. It was the place where prisoners were kept for
discipline and retribution. Before prisons, the only way to punish an offender was death and
suffering, but as our civilisation grew, people came to realise that a chance to reform oneself
must be given to a person. Every human life is valued and has to be valued if a society calls itself

7
PRISON LAWS IN INDIA: A SOCIO-LEGAL STUDY by Mudasir A. Bhat.

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civilised, therefore importance of prison can’t be denied as it is an important wing of crime and
criminology. 8 Today however prisons have become a hell house for prisoners as these
institutions are heavily ignored by the government and major human rights violation takes place
behind the tall walls of prison. The most important feature of prison is that of reformative nature
but sad to say, today it puts more bad influence on the already corrupt mind of the convict. As
rightly said by Justice V.R. Krishna Iyer - “In our world, prisons are still laboratories of torture
and warehouses in which human commodities are sadistically kept and where spectrums of
inmates range from drift-wood juveniles to heroic dissenters.” This statement in itself explains
that due to no boundaries between classes of criminals, bad influence upon less violent inmates
has become a major issue. In early times, prisons used to serve only the custodial function, which
means that an alleged criminal could be kept in lawful custody, until he was tried and if found
guilty in the process, punished. However in modern world prisons serve mainly three purposes.
These are coercive, custodial and correctional. Reformation and safety is the most important
aspect of prison and that is what makes the system of prison so important. In other words, the
purpose of prison system can be clearly said to be as that of rehabilitation, the imposition of
punishment and protection of prisoners till they are ready to join the society.

APPROACHES TOWARDS INMATES:

There are many schools of thought and approaches accepted and used by different people
towards prisoners. Many people feel the need of prison reform and many don’t depending on
their mind-set and point of view. Few of these approaches are explained as follows:
1. Socialistic Approach: The core of this approach is that prisoners are human beings just like
us but the society still looks down upon them. They are nothing but an outcast from every sphere
of society. It is not just about the reformation of the prisoners which is required today but mind-
set of the society needs reformation as well. If the society neglects this, it fails to accord equal
status to every human being irrespective of any reason. Society is the institution that endeavours
the development of an individual. Community participation will guide and help the offender to
pace his degree of rehabilitation and reformation.
2. Recreational Approach: This approach should be given equal impetus. These include

8
Prison reform, Available at: https://www.unodc.org/unodc/en/justice-and-prison-reform/prison-reform-and-
alternatives-to-imprisonment.html (last visited on Nov 11, 2021)

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activities such as sports and cultural programs. The prisoners who are interested in developing
their career through these activities should be supported. These activities not only would develop
their physique but would also refresh their mental state. It would serve as a break from the
tiresome work and would generate in him a spirit of sportsmanship. The inclination towards the
literature should be given due consideration by making various books available on the topics of
self-help and motivation. The library should be open to the prisoners at all times.
3. Educational Approach: The mechanism for achieving this particular revolution in approach
to prisons is to confer the responsibility of education and freedom to design their own
curriculum. Education could be a key initiative of prison life. This approach will help the
illiterate ones as well as the literate ones. Incarceration should not in any way act as a hindrance
in the overall development of the personality of the offender. The inmates should be provided
with ample opportunities to pursue their education. Furthermore, if any other training or special
teaching is required for pursuing the said skill, the same should be made available by the
officials. The Universities should collaborate with prison authorities and start with degree
courses, seminars and distance learning programs so that the prisoners do not feel differentiated
from being a citizen who has right to education and a good life.
4. Therapeutic or Reformative Approach: India still believes in its spirit of the reformative
theory of punishment. The reformative approach is a holistic one and it focuses on reforming the
soul of individual through various different channels. This approach has been devised solely to
reform the individuals, so to repent for crimes committed by them. It works as a device of self-
realisation of one’s own mistake. Furthermore, the therapeutic approach deals with offender
being under continuous supervision and care of the psychoanalyst or counsellor. By this way, the
prisoner will share their grievances and hence their behaviour will be understood in a much
clearer manner. Meditation can help achieve mental peace to the prisoners and can be sought to
construe as a channel of relief for them. This approach mostly revolves around the concept of the
study of the human mind.9

THEMATIC AREAS OF WORK IN THE FIELD OF PRISON REFORM:

“It is not the prisoners that need reformation, it is the prisons” - Oscar Wilde

9
Legal Backdrop of prisons, Available at: https://blog.ipleaders.in/legal-backdrop-prison-reforms/ (Last visited on
Nov 10, 2021)

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UNODC's technical assistance in the area of prison reform covers the following thematic areas:
1. Pre-trial detention: There are three main problems that need to be taken into consideration in
this context. Firstly, pre-trial detention is basically overused in most countries. In many
developing countries the population of the pre-trial prisoners is much larger than that of the
actual convicted prisoner population due to delay in proceedings. This situation contradicts
heavily with the provisions in international standards such as ICCPR, that provide for the limited
usage of pre-trial detention. Secondly, pre-trial detention is the period which is most vulnerable
and open to abuse in the criminal justice process. International human rights instruments for this
reason provide for specific safeguards in order to ensure that the rights of detainees are not
abused and their access to justice not hindered in any way. And thirdly, although there should be
a presumption of innocence unless proven otherwise, conditions in pre-trial detention are often
much worse compared to those of prisons for convicted prisoners.10 The lack of resources for
prisons in many low-income developing countries means that people in detention don’t have
access to assistance or legal advice. Therefore supporting legal aid programmes, improving
access to justice and improving information management and cooperation between courts and
prisons comprise essential elements of UNODC's work in the field of penal reform.
2. Prison Management: In order for a prison system to be managed in a humane manner, the
national legislation and policies should be guided by the international standards which are
developed to protect the human rights of prisoners. Prison authorities have the responsibility to
ensure that the supervision and treatment of prisoners is in accordance with the rule of law and
that the period of imprisonment is utilised to prepare them for life outside prison. However, often
national legislation relating to the prison management are outdated and need reform. The Model
Prison Manual of 2016, has suggested that there is one correctional officer for every 200
prisoners, and one psychologist for every 500 prisoners. The national average stands at one
probation/welfare officer per 1,617 prisoners and one psychologist/psychiatrist for every 16,503
prisoners. At the state-level, this goes up to 50,649. Nine states and UTs, including Andhra
Pradesh and Sikkim, have not sanctioned any posts. In the twenty-seven states and UTs that
have, vacancies can range from 100 per cent to no vacancies.11 UNODC provides assistance in
reforming national legislation, by contributing to the institutional capacity building of prison

10
Leon Radzi nowic z: ‘A History of English Criminal Law and its Administration’ (1750, Vol. I.p.3)
11
India Justice Report, 2020.

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administrations.
3. Alternative Measures and Sanctions: Overcrowding is the key concern in almost all prison
systems. Shortage of social protection services in the community contribute to the rapid growth
of the prison population in many nations. It is the root cause of many human rights violations.
Hence, solutions to overcrowding need to be explored and implemented in all countries in which
UNODC is operational. Even if new prisons are built, maintaining them is expensive and will put
pressure on already limited valuable resources. Instead, numerous international instruments
recommend a rationalization in sentencing policy, which includes wider use of alternatives to
prison with the aim to reduce the number of people stuffed in prisons. It was held in Keshav
Sitaram Sali v. State of Maharashtra12 that Court could have extended the benefit of probation to
the appellant instead of imposing a sentence of fine on him.
4. Social Reintegration: One of the major objectives of the United Nations in the area of prison
reform is to contribute to the successful reintegration of prisoners into society. Social
reintegration initiatives must start early in the criminal justice process to have maximum effect.
The diversion from the criminal justice process towards appropriate treatment programmes and
purposeful activities and programmes in prisons can all be considered as elements of a
comprehensive ‘social reintegration’ policy. UNODC offers key support and advice in this area,
including supporting the development of social reintegration programmes in prisons. In addition
to this it assists with the planning and implementation of continuum of care and support in the
community.
5. Healthcare: The right to health is a principle that applies to all prisoners as they are entitled to
receive the same quality of medical care that is available in the community. However, this right
is rarely realised in prisons as the healthcare services are extremely subpar. The number of
deaths per 100,000 prison population in the year 2001 was 311.8, which increased to 382.2 in the
year 2016. In 2019, it was 370.87. The prevalence of HIV, sexually transmitted infections,
Hepatitis B and C, and tuberculosis in prison populations is two to ten times higher than that of
the general population. The rate of infections from the COVID virus is not fully known. But as
of Dec 2020, over 18,000 inmates and staff have been affected. 13 Prison health services are
severely understaffed and under-funded. Specifically, women’s health and sanitation needs are

12
AIR 1983 SC 291
13
government doctors, Available at: https://www.humanrightsinitiative.org/content/stateut-wise-prisons-response-
to-covid-19-pandemic-in-india

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rarely addressed. The right to health also includes safe drinking water and adequate sanitation,
safe food and dental services along with healthy working and environmental conditions and
health-related education. Improved prison management are fundamental to developing a
sustainable health strategy in prisons, as prison health is an integral part of public health, and
improving prison health is crucial for the success of public health policies.14

PROBLEMS FACED BY INMATES:

Prisons as intended is not a comfortable place. It is made difficult so that it can be considered as
a punishment, therefore expecting a comfortable experience would be foolishness. That being
said, a sentence of imprisonment constitutes only the deprivation of the basic right to liberty. It
does not in any way entail the restriction of other human rights which are provided to every other
person. A person even behind walls has some basic needs such as sanitation, health and nutrition,
a good environment, education and most of all safety. Healthcare in prison is basically subpar
and non-existent in some cases. There is seldom division on the level of crime which forces first
time offenders to live with heinous criminals leading them to threat. There are various gangs
forming in prisons which threaten the safety of ‘weaker’ ones, and most of the time, official
don’t bat an eye on this matter. Overcrowding is another problem faced by prisoners which leads
to more discomfort and chaos. Much of the said overcrowding continues due to the presence of
‘under trials’ – people in custody awaiting investigation, inquiry or trial. They still constitute
nearly 70% of all prison inmates. In 35 States and UTs, the share of under trial inmates were
above 50%. Over 5 years the share of under trial prisoners shows an increasing trend in 23 states
and UTs. For every convict, India has two under trials in the jails. Video conferencing has
proved to be only a partial remedy. 16 states report that 90% of their jails have video-
conferencing facilities. Five of the large and mid-sized states though had less than 50%, Kerala
(42%), Rajasthan (38%), West Bengal (32%), Karnataka (31%) and Tamil Nadu (9%). While
Nagaland, Mizoram and Sikkim’s jails had none. 15 While overcrowding can be temporarily
decreased by building new prisons, it still does not provide a sustainable solution. Most of all
prisoners find it hard to live in the society after their release. Interventions to support former

14
Prison Reform, Available at: https://www.unodc.org/unodc/en/justice-and-prison-reform/prison-reform-and-
alternatives-to-imprisonment.html (Last visited on Nov 10, 2021)
15
The Supreme Court suspended physical production of under trials in courts vide its 23 March order in the Suo
Moto Writ Petition (Civil) No 1 of 2020

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prisoners following release from prison and continuum of care in the community for those in
need will all be more effective if the period in prison is utilised to prepare a prisoner for re-
integration to society. This policy requires close coordination between criminal justice
institutions and social protection and health services in the community. 16 To rid prisoners of
these basic problems is the objective behind the idea of prison reform, for instance, free legal aid
was considered ‘an essential ingredient of reasonable fair and just procedure’ for a person
accused of an offence in the case of Khatri v State of Bihar.17

NATIONAL AND INTERNATIONAL LEGISLATIONS REGARDING PRISON

REFORM:
This issue has become quite serious in today’s time, therefore many legislations and pacts have
been made on both national and international level to address this problem. Some of the key
standards and norms that relate directly to prison reform formed on international level are:
 Body of Principles for the Protection of All Persons under Any Form of Detention and
Imprisonment.
 United Nations Standard Minimum Rules for the Treatment of Prisoners.
 United Nations Standard Minimum Rules for Non-Custodial Measures. AKA Tokyo
Rules.
 United Nations Rules for the Treatment of Women Prisoners and Non-custodial
Measures for Women Offenders. AKA Bangkok Rules.

Other important UN instruments that are relevant to the prison system are as follows:
 International Covenant on Economic, Social and Cultural Rights.
 The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment.
 International Covenant on Civil and Political Rights.
 UN Declaration on the Protection of All Persons from Enforced Disappearance.
 Basic Principles for the Treatment of Prisoners.
 Convention on the Elimination of All Forms of Discrimination against Women.
 Code of Conduct for Law Enforcement Officials.

16
The Iran Human Rights Library Available at: www.tavaana.org (last visited on Nov 11, 2021)
17
1981 SC 982 AIR

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 Safeguards guaranteeing protection of the rights of those facing the death penalty.
 Arusha Declaration on Good Prison Practice.
 Basic Principles on the use of Force and Firearms by Law Enforcement Officials.
 Basic principles on the use of restorative justice programs in criminal matters.
 Declaration on Protection from Torture, 1975
 UN Recommendations on Life Imprisonment.
 Kampala Declaration on Prison Conditions in Africa.

Along with these there are many national legislations and committees formed to deal with the
issues of prison reform and tackle its management. Some of which are as follows:
 Prisons Act, 1894
 All India Jail Manual Committee
 Model Prison Manual
 Indian Jail Reform Committee
 The Mulla Committee
 Krishna Iyer Committee
 The Reckless Report, 1951

CONCLUSION & SUGGESTIONS:

It can be concluded from this study that prison is a very important aspect of our criminal
reformative system. It is essential for a peaceful and civilised society and therefore its
maintenance and care is a dire necessity. People are still people even when they commit crime.
They should be given a chance to redeem themselves and be a purposeful member of the society.
We need to hate the crime, not the criminal. Prison reform system ensures their care and will
therefore guarantee their good lives after their release, or else they will have no option but to turn
back to crime to survive and will eventually lead them back in the prison. That should never be
the result of our judicial system. Some suggestions from the researcher which can help with this
motive are provided as follows:
1. All prisoners should be treated with respect due to their inherent dignity and their value as
human beings.
2. There shall be no discrimination on any grounds such as of colour, race, sex, religion, or other
status.

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3. It is desirable to respect the religious beliefs and cultural precepts of the group to which
prisoners belong, if the local conditions so require.
4. Except for the limitations that are provided expressly by the fact of incarceration, all prisoners
shall retain the human rights and fundamental freedoms set out in the UDHR and other
covenants which the state is part of.
5. All prisoners shall have the right to participate in cultural activities aimed at the full
development of the human personality.
6. Efforts addressed towards the abolition of solitary confinement as a punishment should be
undertaken and encouraged.
7. Opportunities and conditions shall be created which could enable prisoners to undertake
meaningful remunerated employment which could facilitate their reintegration into labour
market and will therefore permit them to contribute to their own financial support.
8. Prisoners should have access to all forms of health services available in the country without
any discrimination on grounds of their legal situation.
9. A well-kept library must be made available with self-motivation books.
10. The above provided principles shall be applied impartially.

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