PRISON REFORMS IN INDIA

Dr. Moirangmayum Sanjeev Singh

Assistant Professor
Centre for Police Administration
Panjab University
• The “prison reforms revolution‟ in India, divided under two separate
headings that is prison reformation before independence and prison
reformation after independence is given as follows:

• Prison Reforms Before Independence

• Lord Macaulay’s Committee (1836)- The First Committee on Prison
Reforms

• “There were 43 Civil, 75 Criminal and 68 mixed jails in 1835, under

the rule of East India Company. Administrative structure for
modern prison system originated from the Minute by T.B.
Macaulay, the then Law Member of the Supreme Council of India.
• Lord Macaulay drew attention of the Government of India to the terrible
conditions in the Indian Jails and on his suggestion, a Committee was
appointed on 2nd January 1836, to look in to the conditions and report
thereon. It was the First Committee on Prison Reformation. The
recommendations of the Committee” were:
• “That Central Jails should be built to accommodate not more than
1000 prisoners each.
• That Inspector-General of Prisons should be appointed in all provinces.

• That sufficient building should be provided in all jails to accommodate

prisoners comfortably”
• “In pursuance of the recommendations of the Committee, a Central Prison
was constructed at Agra in 1846. This was the first Central Prison in India
and was followed by construction of Central Prisons at Bareilly and
Allahabad in 1848, at Lahore in 1852, at Madras in 1857, at Bombay,
Alipore, Banaras and Fatehgarh in 1864 and at Lucknow in 1867”.
• In 1844, the first Inspector-General of Prisons was appointed in the
North-Western Province. Punjab appointed the Inspector-General in 1852,
Bengal in 1854, Bombay in 1854, Madras in 1854, and Central Provinces in
1862
• However, the recommendations of the “Macaulay Committee‟ could not
be implemented because, among other things, the East India Company
rule was in 1858, replaced by the British Crown rule. The English Criminal
Law came to be applied to Indians. The Indian Penal Code and the Criminal
Procedure Code which had long been in preparation were enacted in 1859
and 1860 respectively.

• The Directors of the East India Company were reluctant to spend money
on jails and although jails were modeled on British lines, the conditions of
jails were extremely bad.
The Second Committee on Prison
Reformation (1864)
• The Second jail reform committee named Commission of Inquiry into Jail
Management and Discipline was appointed by Lord Dalhousie in 1864.
• The Commission made the similar recommendations as 1836 committee.
• A noteworthy feature of administrative structure of prison system in India
is participation of warders and night watchmen in the executive duties.
This system was introduced by the British in 1864; in order to minimize
expenditure on establishment.

• The second Jail reform committee also put emphasized on accommodation

of prisoners, improvement in diet, clothing, bedding and medical care.
The Prisons Act (1870)
• The Government of India passed the Prisons Act in 1870 “to amend the law
relating to prisons in the country. It lay down that there should be a
superintendent, a medical officer, a jailor and such subordinate officers as the
local government thinks necessary.
• The Act enumerated the duties of the superintendent. The Act made provision
for the separation of prisoners of males from females, of children from adults, of
criminal from civil. Prisoners sentenced to simple imprisonment also were
allowed to work and no prisoner sentenced to rigorous imprisonment. The Act
defined the list of prison offences and empowered the superintendent to punish
such offences”.
• The Act of 1870 tried to give effect to the recommendations of the Committee of
1864 and brought the prison administration in the forefront
The Third All India Jail Committee
(1877)
• A Conference of Experts met to inquire into prison administration in 1877.

• The conference proposed the enactment of a prison law and a draft bill
was prepared.
• The Third India Jail Committee was thus, appointed in 1877.
• It reviewed the jail management generally and mostly concerned itself
more with the matters of detail in prison work than with the general, aims
and principles of administration.
The Fourth All India Jail Committee
(1888)
• In 1888, Lord Dufferin appointed the Fourth Jail Commission.

• The Fourth India Jail Committee was appointed in 1888. On the basis of
its‟ recommendations, a consolidated prison bill was formulated.

• Provisions regarding the jail offences and punishment were specially

examined by a conference of experts on Jail Management”.

• “The Committee recommended the separation of undertrial prisoners and

the classification of prisoners into casuals and habitual.

• Most of the recommendations of the Committee were incorporated in the

jail manuals of various provinces.
The Fifth All India Jail Committee
(1892)
• The work of the Fourth All India Jail Committee was supplemented by the
next All India Committee of 1892.
• This was the Fifth All India Committee.
• It resurveyed the whole prison administration in India and drew up
proposals on the subject of prison offences and punishment.
The Prisons Act (1894)
• The Report of this Committee was accepted by the Government of India
which passed the Prisons Act of 1894 with the assent of the Governor
General of India.

• 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.
• This act defines the term prison inclusively as buildings maintained by
state governments with the purpose to detain prisoners. The act also
categorizes prisoners as “criminal “, “civil” and “ convicted” prisoners.
• Chapter II - maintenance and officers of prison. It deals more with
appointment of staff including superintendent, medical officer, jailer and
officer like inspector general under whose charge the prison will work
efficiently.
• The Chapter III of the Act deals with duties of officers of the prison as
enumerated under Section 8 to 20.
• The Chapter IV of the act deals with admission, removal and discharge of
prisoners.
• Chapter V deals with discipline of prisoners, it lays few essentials i.e. that male
prisoners shall be separated from female prisoners, convicted prisoners from
under trial prisoners, prisoners under age of 21 shall be kept separately,
prisoners sentence with death sentence shall be kept separately from all others.
• Chapter Vi - Food, Clothing And Bedding Of Civiland Unconvicted Criminal
Prisoners
• Chapter VII deals with employment of prisoners. (Civil and Criminals)
• Chapter VIII – health of prisoners
• Chapter IX – visit to prisoners
• Chapter X – Offences in relation to prisoners
• Chapter XI – Prison Offences
 The Reformatory Schools’ Act (1897)
• The year 1897 was a landmark in the history of prison reform
movement in India.

• The Reformatory Schools Act has been passed in that year.

• The Act modified the prior legislation on the subject, which had
remained more or less a dead letter, and directed the courts to send
a youthful offender below fifteen years of age to a Reformatory
School instead of a prison.
The Indian Jail Committee (1919-20)
• To bring about an overall change in Indian prison system, the Indian Jails
Committee was set up in 1919 in which Sir Alexander G. Gadrew was the
chairman.
• This was the Sixth All India Committee on Prisons. It submitted a
comprehensive report in 1920 suggesting far reaching changes in the
various aspects of prison system.
• In the report of the Indian Jail Committee 1919-20, for the first time in the
history of prisons, 'reformation and rehabilitation' of offenders were
identified as the objectives of the prison administrator. As per the report‟s
recommendations, not only were the prison departments affected but
penal reform also received a great flip.
• Borstal Act, the Childrens’ and the Probation Acts and The Punjab Good
Conduct Prisoners’ Provisional Release Act were undoubtedly the direct or
indirect result of the general interest, aroused by the Report.
• The Report, it may be remarked, „laid the foundation stone of modern
prison system in India.
• The years 1921-22 were the years of Non-Cooperation Movement in India
in which freedom-fighters voluntarily courted arrest and imprisonment.
The committees appointed in different States were Punjab Jail Reforms
Committee (1919 and 1948), Uttar Pradesh (1929, 1938 and 1946),
Bombay (1939 and 1946), Mysore (1941), Bihar (1948), Madras (1950),
Orissa (1952) and Travancore Cochin (Kerala) 1953
 The Government of India Act (1935)
• Further, the “Government of India Act 1935 resulted in the transfer of the
subject of jails from the Centre list to the control of provincial governments and
hence further reduced the possibility of uniform implementation of a prison
policy at the national level as per recommendations of the Indian Jails
Committee 1919-1920 in the country.
• State governments, thus, have their own rules for the day to day administration
of prisons, upkeep and maintenance of prisoners, and prescribing procedures.
• However, the period from 1937 to 1947 was important in the history of Indian
prisons because it aroused public consciousness and general awareness for
prison reforms at least in some progressive States like, West Bengal, Tamil Nadu,
Maharashtra etc
Prison Reforms After Independence
• India gained independence in 1947, the memories of horrible conditions in
prisons were still fresh in the minds of political leaders and they, on
assumption of power, embarked upon effecting prison reforms. However,
the Constitution of India which came into force in 1950 retained the
position of the Government of India Act, 1935 in the matter of prisons and
kept „Prisons‟ as a State subject by including it in List II— State List, of the
Seventh Schedule.

• A number of Jail Reforms Committees were appointed by the State

Governments,
Dr. W.C. Reckless Commission report
(1951)
• The Local Committees were being appointed by State Governments to
suggest prison reforms, the Government of India invited technical
assistance in this field from the United Nations.

• 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.
• Some of the salient recommendations made by Dr. W. C. Reckless are as
under:
• Juvenile delinquents should not be handed over by the courts to the
prisons which are meant for adult offenders.
• Specialized training of correctional personnel should be introduced.

• Outdated Prison Manuals be revised suitably and legal substitutes be

introduced for short sentences

• Full time Probation and Revising Boards be set up for the after-care
services and also the establishment of such boards for selection of
prisoners for premature release.
• An integrated Department of Correctional Administration be set
up in each State comprising of Prisons, Borstals, Children
institutions, probation services and after-care services.
• An Advisory Board for Correctional Administration be set up at the
Central Government level to help the State Governments in
development of correctional programmes.

• A conference of senior staff of correctional departments be held

periodically at regular intervals.
All India Conference of the Inspectors
General of Prisons (1952)
• In 1952, the Eighth Conference of the Inspector Generals‟ of Prisons also
supported the recommendations of Dr. Reckless regarding prison reforms.
The Central Government passed Prisoners (Attendance in Courts) Act,
1955 and the Probation of Offenders Act was enacted in 1958.
• The UN Standard Minimum Rules for the Treatment of Prisoners further
strengthened the international minimum standard of prison reformation.
India was expected to follow the UN Standard Minimum Rules for the
Treatment of Prisoners”. Thus, the year 1952 witnessed a significant
break-through in national coordination on correctional work.
All India Jail Manual Committee
(1957)
• In pursuance to the recommendations made by the Eighth Conference of
the Inspectors General of Prisons and also by Dr. W. C. Reckless, the
Government of 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 also suggested amendments in the Prison Act
1894 to provide a legal base for correctional work.
• Important Recommendations:
• A Central Bureau of Correctional Services should be organized at the
Union level
• A Central Advisory Board should be set up by the Government of India
and there should be a Research and Planning unit in each state
• There should be a separation of executive and clerical function and of
executive and accounts functions.
• There should be a State After Care Organization in each state,
• The Jail Manual should be revised periodically;
• Classification of prisoners should be dynamic;

• The probation system should be used on a more extensive scale

 The Model Prison Manual (1960)
• The Committee prepared the Model Prison Manual too and presented it to
the Government of India in 1960 for implementation. The Model Prison
Manual 1960 is the guiding principle on the basis of which the present
Indian prison management is governed.
• In 1964, the Central Bureau of Correctional Services was transferred from
the Ministry of Home Affairs to the newly created Department of Social
Security, now known as Department of Social Justice and Empowerment
under the Ministry of Human Resource Development.
The Committee on Working Group on
Prisons (1972)
• On the lines of the Model Prison Manual, the Ministry of Home Affairs, Government of India,
in 1972, appointed a working group on prisons.
• Presented report in 1973
• It brought out in its report the need for a national policy on prisons and correctional
administration.
• It also made an important recommendation with regard to the classification and treatment of
offenders and laid down principles.
• To make effective use of alternatives to imprisonment as a measure of sentencing policy.
• Emphasized the desirability of proper training of prison personnel and improvement in their
service conditions.
• To classify and treat the offenders scientifically and laid down principles of follow-up and
after-care procedures.
• Identified an order of priority for the development of prison
administration.
• The certain aspects of prison administration be included in the Five Year
Plans.
• An amendment to the Constitution be brought to include the subject of
prisons and allied institutions in the Concurrent List, the enactment of
suitable prison legislation by the Centre and the States, and the revision of
State Prison Manuals be undertaken.
All India Jail Reforms Committee
(1980-1983) or The Mulla Committee
• In 1980, the Government of India setup a Committee on Jail Reform, under
the chairmanship of Justice Anand Narain Mulla. The recommendations of
this commission, universally known as Mulla Commission constitute a
landmark in the reformatory approach to prison reforms.
• The commission made thorough study of the problems and produced an
exhaustive document. This committee examined all aspects of prison
administration and made suitable recommendations respecting various
issues involved.
• The Mulla Committee submitted its report in 1983, gave 658
recommendation.
• Circulated to all States and Union Territories for its implementation.

• 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.
• Important Recommendation:

• The State shall provide free legal aid to all needy prisoners.

• Children (under 18 years of age) shall in no case be sent to prisons.

• Women offenders shall, as far as possible, be confined in separate

institutions specially meant for them
National Expert Committee on Women Prisoners
(1987)

• In 26 May, 1987, the Government of India appointed the National Expert

Committee under the chairmanship of Justice V.K. Krishna Iyer 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.
• Formation of new rules and regulations relating to their punishment and
conduct.

• Provision of legal-aid for them.

• Construction of separate prisons for women prisoners.

Model Prison Manual by
BPR&D (2000-2003)
• Following a Supreme Court direction in Ramamurthy vs State of Karnataka
to bring about 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).
• The Government of India has constituted All India Model Prison Manual
Committee in November, 2000 under the chairmanship of Director
General of BPR&D L.C. Amarnathan to prepare a Model Prison Manual for
the Superintendence and Management of Prisons in India in order to
maintain uniformity in the working of prisons throughout the country.
• This manual has been circulated to all States/UTs for adoption after the
acceptance by Government of India in January, 2004.
• Bringing in basic uniformity in laws, rules and regulations
governing the administration of prisons and the management of
prisoners all over the country;
• Laying down the framework for both sound custody and treatment
of prisoners;

• Spelling out minimum standards of institutional services for the

care, protection, treatment, education, training and resocialisation
of incarcerated offenders;

• procedures for the protection of human rights for prisoners

National Policy on Prison Reforms and
Correctional Administration (BPRD) (2005-
2007)
• The Ministry of Home Affairs, Government of India had constituted
a working Group on Prisons in 1972 which for the first time
emphasized the need to have a national policy.

• Government of India has constituted a high powered committee

under the chairmanship of Director General, BPR&D Kiran Bedi for
drafting a national policy paper on Prison Reforms and Correctional
Administration on 1st December, 2005.
• Report submitted in 2007
• The subject of prisons and allied insinuations may be included in the Concurrent List
of the Seventh Schedule to the Constitution of India;
• Revision of Prison Manuals of all States/UTs on the lines of the Model Prison Manual
prepared and circulated by the BPR&D should be given top priority.
• An effective mechanism should be evolved for legal aid to the prison inmates.
• For prisoners discharged from prisons and allied institutions After-care-Institutions
should be established and maintained by the department of prisons.

• The State Government may also sponsor advanced studies and research in
collaboration with reputed organizations and institutions on the subjects having
relevance to the prison management.
• Parole should be granted in deserving cases without any
constraints from extraneous influences.
• The extensive use of probation services in deserving cases by
adequately strengthening the infrastructure of probation services
needs to be taken up on priority.

• Young offenders should be sent to prison only as a last resort and

be kept in a separate Borstal institution with special care and
treatment.

• Mentally sick persons should not be detained in prisons.

Model Prison Manual 2016
• Update version of 2003 model prison manual. The SC also issued direction
in respect of prison reforms which deserve recognition in the Manual.
• MHA constituted an expert committee on 11th December 2014 to revamp
and update the Model Manual. Experts includes from various agencies
like, National Legal Service Authority (NALSA), National Human Rights
Commission (NHRC), and Civil Societies groups.

• Emphasis on Prison modernization, computerization, special provisions for

female prisoners, focus on after care services, prison inspection, rights of
prisoners etc.
 Justice Amitava Rao Panel (2018)
• The Supreme Court in September, 2018 constituted a
three-member committee headed by its former judge, Justice
Amitava Roy to look into the aspect of jail reforms across the
country and suggest measures to deal with them. Submitted report
on 6th February 2020

• Every new prisoner should be allowed a free phone call a day to his
family members to see him through his first week in jail.
• There should be modern cooking facilities, canteens to buy essential items.

• Speedy trial remains one of the best ways to remedy the unwarranted
phenomenon of overcrowding.
• There should be atleast one lawyer for every 30 prisoners as under trial
prisoners are languishing behind bars for years without a hearing.

• There should be use of video-conferencing for trial mainly because of

unavailability of sufficient police guards for escort and transportation.

• Special fast-track courts should be set up to deal exclusively with petty

offences which have been pending for more than five years.