introduction

Prisons play a crucial role in criminology, the study of crime. They serve various purposes,
including punishment, rehabilitation, deterrence, and ensuring societal safety. The evolution
of prisons reflects a shift from strict punishment to a more nuanced understanding of criminal
behavior. In criminology, scholars explore how society responds to crime, considering
concepts like deterrence and rehabilitation. Contemporary debates question the
effectiveness and fairness of prisons, addressing issues such as overcrowding, recidivism,
and unequal treatment. Criminologists strive to improve the justice system by examining
historical prison practices, crime theories, and real-world outcomes, aiming for a fair and
effective system for everyone.

In 1980, K.F. Rustamji, a police officer, brought attention to jail problems. His efforts led to
the release of approximately 40,000 under-trial prisoners, and he remains the only police
officer to be awarded the Padma Vibhushan for such contributions.

Meaning
Prison means a place or area which is when under the general or e specific order of state
government, for the temporary detention of prisoners Confinement of "Permanent or for the
of those persons Convicted by a court. The term Prison includes all beds and buildings used
for this purpose

DEFINITION:
As per provisions of Sec. 3 of Ch. IX of Prison Act, 1894, a Prison means any jail or place
used permanently or temporarily under the general or special order of a state government for
the detention of prisoners and includes all lands, buildings appurtenant thereto, but does not
include-
(a) any place for the confinement of prisoners who are exclusively in the custody of the
place,
(b) any place specially appointed by the state government under Section 541 under the
Code of
Criminal Procedure 1884, or
(c) any place which has been declared by the State Government by general or special order,
to be a
subsidiary jail.

Section 2(b) of the Prisoners Act, 1900 defines Prison: "Prison includes any place which has
been
declared by the State Government, by general or special order, to be a subsidiary jail"

Characteristics
 ​ Security Measures: Prisons employ various security measures, including
surveillance cameras, metal detectors, and routine searches, to prevent the
introduction of contraband and maintain a controlled environment.
​ \
​ Punitive Measures: One of the primary functions of prisons is to serve as a
place of punishment for individuals convicted of crimes. This punishment
may involve loss of freedom, restricted privileges, and other consequences
specified by the legal system.
​
​ Rehabilitation Programs: While punishment is a key aspect, many prisons also
incorporate rehabilitation programs aimed at addressing the root causes of
criminal behavior. These programs may include education, vocational training,
counseling, and substance abuse treatment.
​
​ Legal Rights: Inmates retain certain legal rights, even while incarcerated.
These rights may include access to legal representation, protection against
cruel and unusual punishment, and the right to due process.

Healthcare Services: Prisons provide healthcare services to address the medical

needs of inmates. This includes routine medical care, mental health services, and
emergency treatment.

Prison is a place or area where the Prisoners are kept.

Prisons are run by the state Government

The Convicts are kept in prisons temporarily or permanently.

The person who has been proved or likely to be proved guilty is kept in prison. Some
crime are

The object of prison is to reform a criminal and to make them independent.

OBJECT
The main goal of prisons is not just punishment but also the rehabilitation of
individuals to become better citizens. Through means like prison labour, education,
and religious instructions, inmates can transform during their time in prison. The
success of rehabilitation depends on the nature of the crime and the person's
willingness to change. For those who committed crimes under difficult
circumstances, providing education and counselling can help. However, reforming
hardened criminals, especially those involved in severe offences, may be more
challenging. Prisons aim to understand each individual's circumstances and address
root causes to facilitate personal growth. While not everyone may easily reform, the
focus on rehabilitation underscores the belief in people's potential for change and
contribution to society with the right support.

history

Ancient Times:

● In really old times in India, they had their own set of rules for dealing with
people who did bad things. If you broke a rule, they might make you pay a fine
or keep you in a confined place for a short time.

Medieval Period:

● When Islamic rulers came to India a long time ago, they brought new rules. If
someone did something wrong, they might have to pay a fine, get hit as a
punishment, or even be kept in prison for some time.

Colonial Period (British Rule):

● Later on, when the British took control, they changed things. Imprisonment
became a big deal, and they even created special jails called "model jails" to
try and make prisoners better by giving them hard work and religious
teachings.

Post-Independence Era:

● After India became independent, the government wanted to make prisons

better. They tried to improve the conditions inside jails and help prisoners
change for the good. They also made special rules for young people who did
something wrong.

Contemporary Period:

● Nowadays, people care a lot about treating everyone fairly, even if they're in
prison. There are concerns about too many people in jails, so they are working
to fix that. Prisons now focus on helping inmates learn new things and get
ready to go back into regular life.

Kinds

​ Penitentiary Prisons:
 ​ Objective: These prisons primarily house adult, older, and matured criminals.
Special arrangements are made to separate chief and hardened criminals,
with each group kept in separate cells.
​ Characteristics: The focus is often on detaining individuals who have
committed serious offenses, with an emphasis on security and isolation.
​
​ Reformatory Houses:
​ Objective: Reformatory houses serve as facilities where a trust is established
between minor (young) and grown-up offenders. They typically cater to
individuals in the age range of 16 to 30, and women may also be kept in these
prisons.
​ Characteristics: The emphasis is on rehabilitation and creating an
environment conducive to reforming individuals, especially those who may
still be in the formative stages of their lives.
​
​
​ Correctional Houses:
​ Objective: Correctional houses are designed for individuals for whom there is
a prospect of correction and reformation. They house those whom the court
believes can be reformed.
​ Characteristics: These prisons aim to correct the behavior of inmates through
various rehabilitative measures, focusing on addressing the root causes of
criminal conduct.

cha;;enges

The prison administration in India faces several challenges and issues, impacting the
effectiveness and fairness of the criminal justice system. Some of the prominent
problems include:

1. **Overcrowding:**
- Indian prisons often grapple with severe overcrowding, leading to inadequate
living conditions for inmates. Overcrowded facilities can contribute to tensions,
violence, and difficulties in maintaining order.

2. **Understaffing:**
- Many prisons in India experience understaffing, affecting the supervision, security,
and overall management of inmates. The lack of adequate personnel can
compromise the safety of both staff and prisoners.
3. **Poor Infrastructure:**
- Some prisons suffer from outdated infrastructure, including insufficient living
space, inadequate sanitation facilities, and substandard healthcare services. The
poor conditions can impact the mental and physical well-being of inmates.

4. **Delayed Legal Proceedings:**

- Lengthy legal processes contribute to the problem of pretrial detention, leading to
a substantial number of individuals spending extended periods in prison without
being convicted. This issue is linked to the larger challenge of court backlogs.

5. **Lack of Rehabilitation Programs:**

- While there have been efforts to introduce rehabilitation programs, their
implementation remains inconsistent. Limited access to education, vocational
training, and counselling services can hinder the reintegration of inmates into
society.

6. **Mental Health Concerns:**

- Mental health issues among inmates are often overlooked, and there is a lack of
mental health support services within the prison system. This contributes to the
cycle of recidivism and challenges in addressing the root causes of criminal
behaviour.

7. **Inadequate Juvenile Justice:**

- The juvenile justice system faces challenges in providing appropriate care and
rehabilitation for young offenders. Ensuring the well-being and rehabilitation of
juvenile inmates requires special attention and programs tailored to their needs.

8. **Prison Violence and Gang Activity:**

- Gangs and violence within prisons pose significant challenges to maintaining
order and security. Gang activities can lead to conflicts among inmates, making it
difficult for prison authorities to ensure a safe environment.

9. **Limited Focus on Restorative Justice:**

- The emphasis on punitive measures over restorative justice approaches hinders
efforts to address the root causes of criminal behaviour and foster rehabilitation. A
shift towards holistic and individualised approaches is needed.

10. **Socio-Economic Disparities:**

- The impact of socio-economic factors on the prison population cannot be
ignored. Individuals from marginalised communities often face higher incarceration
rates, reflecting broader societal inequalities.
prsss
Prison reform
The term prison reform first originated in Europe . In the 18th century, John Howard
from England played an important role in prison reform . He cared about making
prisons better, so he wrote a book in 1777 called "The State of the Prisons in England
and Wales." In this book, addressing issues such as overcrowding, unsanitary
conditions, and the absence of basic human rights.for this he was regarded prison
reformer

What is PRison Reform

Prison reform entails improving jail conditions, including the living conditions of
inmates, maintaining hygiene, and protecting the human rights of prisoners. To
achieve this, various committees have been established. These committees aim to
promote alternatives to incarceration, enhance the justice system, and reform the
criminal justice system.

National Crime Records Bureau - Prison statistics India 2019

• Marginalised groups face trouble in accessing judicial remedies

. maximum inmates were of age group 18-30 years (43.4%)
.Below class X (41.6%)
• 1350 functional jails in India, with a total capacity of approx. 4 Lakh prisoners but
actual strength exceeds 4.78lakh

There are two most important committee related to prison reform are following:-

1. Justice Mulla Committee Report.

2. Justice Krishna iyer Committee on women prison report - 1987.

Justice Mulla Committee Report overview in short:-

a. Law making rules of Prison is on the State list, it should be moved to the
concurrent list.
b. There should be a National Policy on prison.
c. There should be speedy trial for the under trial prisoner and simplified bail
process.
d. Young offenders should not be confined in prison with adult offenders.
e. Children (under 18 year of age) cannot be sent to prisons. There should be a
separate institution for them with the facilities for their care, education, training and
rehabilitation.
Justice lyer Committee on women prison report - 1987.

a. There should be necessary provisions to restore the dignity of women even if

convicted under criminal code.
b. Separate jail for women and their staff should also be women.
c. There should be adequate standards of prison, human rights, discipline, holistic
programmes because such activity can reform women offenders from psychosis
and neurotic disorders.
d. Government should provide free legal aid to all women offenders.

After the Mulla & lyyer committee, the Government of India constituted a
high-powered committee under the chairmanship of Director General, Bureau of
Police Research and Development. This committee used the reports of Mulla and
lyyer Committee with some additional recommendations. Some of their
recommendations are impractical to execute.

Notable recommendation was the "National Policy on Prison Reforms and

Correctional Administration, this policy is still in draft.
Important policy of this drafting are following-
a. Uniform law & Prison Manual related to prison.
b. Proper mechanism to issue an under trial prisoner.
c. State shall improve the living conditions in every prison and allied institution.
b.Constructing more prison buildings in the country.
Few steps are taken for the improvement of the condition of jail after
several protests. The introduction of open jail is one of them. Open Jail is a
substitute for closed prison where prisoners can rehabilitate themselves.

Challenges in prison reforms:

•Prison is a State subject.
•Prison Act 1894, which governs prisons with modifications is more than a century
old and focus more on keeping them alive (headcount) not reform and rehabilitation.
•No separation between CRIMINALS.
•Nexus between Politicians & Criminals