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Maharashtra Prisons and Correctional Services Act, 2024

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From UPSC perspective, the following things are important :

Prelims level: Maharashtra Prisons and Correctional Services Act, 2024

Why in the News?

The Maharashtra Legislative Assembly passed the Maharashtra Prisons and Correctional Services Act, 2024, aiming to modernize and reform the State’s prison system. It is based on the Model Prisons Bill, 2023, issued by the Government of India (GoI).

Maharashtra Prisons and Correctional Services Act, 2024: Key Highlights :

  • Repeal of Outdated Acts:
    • The Prisons Act, 1894, the Prisoners Act, 1900, and the Transfer of Prisoners Act, 1950 stand repealed.
    • The new legislation consolidates laws related to regulation of prisons, correctional services, and prisoners in Maharashtra.
  • Establishment of High-Security Prison in Mumbai:
    • Plans are underway to construct a high-security, multi-storey prison with advanced surveillance measures, akin to international standards like Alcatraz in San Francisco.
    • Features include fortified walls, electronic tracking, power fencing, watchtowers, and 24×7 CCTV coverage.
    • Land parcels for the new Mumbai jail have already been identified.
  • Special Categories of Prisons:
    • Special Prisons for high-risk inmates.
    • Open and Semi-Open Prisons to facilitate rehabilitation.
    • Open Colonies designed for reintegration of inmates with society.
    • Temporary Prisons for certain categories of offenders.
  • Gender-Sensitive Facilities:
    • Separate cells and wards for women inmates with provisions for pre- and post-natal care.
    • Special child-care areas (Balwadis) for children staying with mothers in prison.
    • Dedicated enclosures and healthcare for transgender inmates.
  • Rehabilitation, Skill Development, and Welfare:
    • Mandatory libraries, sports facilities, yoga, and recreation for inmates.
    • Work-based compensation and opportunities to sell inmate-produced goods at on-site outlets.
    • Borstal institutions for young offenders, focusing on education and skill-building.
  • Early Release and Monitoring:
    • A system of parole and furlough for good behavior, with electronic tracking.
    • A special committee under district collectors to support bail bond funding for indigent undertrial prisoners (noting that 1,600 accused are still in jail due to lack of funds).
  • Detention Centre in Mumbai:
    • The State plans to establish a detention centre in Mumbai. The Brihanmumbai Municipal Corporation (BMC) has been tasked to identify land for the project.

About Model Prison Act, 2023 

  • It replaces the colonial-era Prisons Act, 1894, aiming to modernise prison laws and align them with contemporary standards.
  • It shifts emphasis from mere detention to reform and reintegration of inmates.
  • It serves as a model document for states, since ‘Prisons’ is a State List subject in India.
  • It merges relevant provisions of older legislations (e.g., Prisoners Act, 1900 and Transfer of Prisoners Act, 1950).
  • It strives to bring India’s prison system in line with international best practices and human rights norms.
  • Key features include:
    • Specialised Jails: Provides for high-security, open, and semi-open prisons to manage different categories of inmates.
    • Rehabilitation Measures: Emphasises vocational training, skill development, counselling, and educational programs to facilitate inmates’ reintegration.
    • Legal Aid & Incentives: Outlines provisions for legal assistance, along with parole, furlough, and premature release for good conduct.
    • Use of Technology: Encourages CCTV, video conferencing, and e-monitoring systems to enhance transparency and security within prisons.
    • Inclusive Accommodation: Mandates separate facilities for women, transgender persons, and other special categories, ensuring safety and dignity.

 

Present Prison System: Key Findings of the Supreme Court’s Centre for Research and Planning Report

  • The occupancy rate stood at 131.4% as of December 2022, with 75.8% of inmates being undertrials.
  • This highlights a pressing need for measures to reduce congestion and expedite trials.

Initiatives taken:

  • Modernization of Prisons Project (2021–26): The government provides financial assistance to States and Union Territories to implement advanced security measures in prisons.
  • Aims to support reformation and rehabilitation efforts for inmates through various correctional programs.
  • Model Prison Manual (2016): Offers detailed guidelines on the legal rights of inmates, including access to free legal services.
  • Modernization of Prisons Scheme (2002–03): Introduced to improve living conditions in prisons, address the welfare of inmates, and enhance the working environment for prison staff.

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