Central Idea: The Ministry of Home Affairs (MHA) has prepared the ‘Model Prisons Act 2023’ to replace the outdated Prisons Act of 1894.

Model Prisons Act, 2023

• The focus of the new act is to reform and rehabilitate inmates and overhaul prison administration.
• The Bureau of Police Research and Development (BPR&D), a think tank on policing subjects, was tasked with reviewing the laws and preparing a new draft.

Salient Features of the Act

• The model act includes provisions for the punishment of prisoners and jail staff for using prohibited items such as mobile phones in jails.
• It establishes and manages high-security jails, open jails (open and semi-open), and provisions for protecting society from hardened criminals and habitual offenders.
• The act provides legal aid to prisoners and includes provisions for parole, furlough, and premature release as incentives for good conduct.

Need for a New Prisons Act

• Outdated laws: The existing laws, including the Prisons Act of 1894, the Prisoners Act of 1900, and the Transfer of Prisoners Act of 1950, are outdated and need to be updated.
• Better prison administration: The MHA found several gaps in the existing act and emphasized the need for a correctional focus in prison administration.
• Prisoners’ rehab: The existing Prisons Act of 1894 lacks a focus on reform and rehabilitation of prisoners.
• Use of technology: The act also incorporates the use of technology in prison management and emphasizes the physical and mental well-being of prisoners.

Review and Integration of Existing Laws

• Along with the Prisons Act of 1894, the Prisoners Act of 1900 and the Transfer of Prisoners Act of 1950 have also been reviewed by the MHA.
• Relevant provisions from these acts have been assimilated into the Model Prisons Act 2023.
• State governments and union territory administrations are encouraged to adopt the model act in their jurisdictions, with necessary modifications and the repeal of the existing three acts.

Focus Areas of the Model Act

• Segregation of prisoners: The act emphasizes security assessment and segregation of prisoners, individual sentence planning, and grievance redressal.
• Prison development board: It proposes the establishment of a prison development board and aims to promote an attitudinal change towards prisoners.
• Gendered division: The act provides for separate accommodation for women prisoners, transgender individuals, and other specific groups.
• Technological push: It highlights the use of technology in prison administration, such as video-conferencing with courts and scientific and technological interventions.

Key Lessons

• Changing Perspective on Prisons: The statement acknowledges that globally, prisons are now seen as reformative and correctional institutions.
• Retributive deterrence: Prisons are no longer considered solely as places of retributive deterrence but as institutions where prisoners can be transformed and rehabilitated as law-abiding citizens.

Considerations for prison reforms in India

• Overcrowding and Understaffing: Addressing the issue of prison overcrowding by exploring alternatives to incarceration for non-violent offenders, such as diversion programs and community-based sentencing.
• Legal Aid and Access to Justice: Ensuring that prisoners have access to legal aid and representation to protect their rights and facilitate fair trials. Promoting awareness among inmates about their legal rights and avenues for seeking redress.
• Prison Healthcare: Enhancing healthcare services within prisons, including mental health support and substance abuse treatment programs.
• Women and Children in Prisons: Creating gender-responsive policies and separate accommodations for women prisoners, ensuring their safety, privacy, and access to reproductive health services.
• Community Reintegration: Collaborating with community-based organizations, NGOs, and vocational training institutes to support the reintegration of released prisoners into society.
• Technology and Digital Solutions: Leveraging technology to improve prison management, record-keeping, and communication systems.

Conclusion

• The Model Prisons Act, 2023 emphasizes rehabilitation and recognizes the potential of prisoners to become law-abiding citizens.
• The act provides a framework for creating a more just and rehabilitative criminal justice system.
• It focuses on the well-being of inmates and aims to ensure their successful reintegration into society.

Also read:

PM calls for Prison Reforms and Repeal of Obsolete Laws

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