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General Studies Prelims

General Studies (Mains)

PM Suggests Prison Reforms, Repealing Obsolete Laws

The need for prison reform in India and the importance of data governance were highlighted by the Prime Minister at the 57th All-India Conference of Director Generals/ Inspector Generals of Police. The event, organised by the Intelligence Bureau (IB), aimed to discuss key issues related to prison administration and obsolete criminal laws that require overhaul.

Highlights from the Prime Minister’s Address

In his address, the Prime Minister stressed the relevance of the National Data Governance Framework for enhancing data exchange across agencies. He urged the need to train police forces in emerging technologies and impart a more sensitive approach towards their conduct. Other suggestions included utilizing technological solutions such as biometrics to strengthen traditional policing methodologies like foot patrols.

The Prime Minister also emphasized the need for improved cooperation between State Police and Central Agencies, allowing them to share best practices and pool their resources to combat emerging challenges. This could be achieved by replicating the model of the DGsP/IGsP Conference at the state/district levels.

Status of Prison Administration in India

Prison administration holds a significant position in the criminal justice system. Earlier, prisoners were subjected to severe confinement as a form of punishment. However, societal viewpoints have evolved, treating prisons as correctional institutions focused more on reforming inmates than punishing them.

The Indian Criminal Justice System comprises four subsystems: Legislature (Parliament), Enforcement (Police), Adjudication (Courts), and Corrections (Prisons, Community Facilities).

Issues Related to Prisons in India

Several issues currently plague the country’s prison system. These include:

1. Pending Cases: Over 4.7 crore cases remained unresolved across various levels of the judiciary as of 2022, according to the National Crime Records Bureau (NCRB). Consequently, trial prisoners constitute 67.2% of the total prison population.

2. Outdated Laws: The Indian criminal justice system, formulated during the British colonial times, contains numerous antiquated laws that are questionable in contemporary times.

3. Inhumane Treatment: Critics have raised concerns over the indifferent and inhuman behaviour of prison staff. There have been instances of custodial rapes and deaths, which constitute severe violations of prisoner rights.

4. Overcrowding: Many prisons in India exceed their designed capacity. For instance, Tihar jail, designed for approximately 7,000 inmates, held more than double its capacity in 2020.

5. Understaffing: India’s prisons also grapple with inadequate staffing. As per the Prison Act, 1894, and the Prisoner Act, 1900, each jail should have a welfare officer and a law officer, but many positions are still vacant.

Way Forward

Transforming prisons into centres of rehabilitation and correction is the ideal solution to these issues. This transformation, however, requires addressing problems like low budget allocation, high workloads, and indifference of the police towards procedural safeguards.

The Supreme Court-appointed Justice Amitava Roy Committee recommended several reforms to address prison overcrowding. These include speedy trial, one lawyer for every 30 prisoners, setting up fast-track courts for petty offences pending for more than five years, and promoting plea bargaining.

Improving prison management includes providing adequate training to prison staff, implementing effective monitoring systems, and ensuring basic facilities such as clean drinking water, sanitation, and medical amenities are provided to inmates.

Questions from Previous UPSC Civil Services Examinations

Q.1 Should there be a specified time for the President to accept/reject petitions related to commuting death sentences? Discuss. (2014)

Q.2 Evaluate the role of the National Human Rights Commission (NHRC) as an effective complement to the judiciary in promoting and protecting human rights standards. (2014)

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