PRISON ADMINISTRATION AND THE RIGHTS OF PRISONERS
”Crime is the outcome of a diseased mind and jail must have an environment of the hospital for treatment and care.”–Mahatma Gandhi
MEANING OF PRISONS
A prison is a place of residence for people who have committed a crime and are on trial for an offense primarily of a criminal nature. According to section 3(1) of the Prisoners Act,1894 ‘prison’ means any jail or place used permanently or temporarily under the general or special orders of the state government for the detention of prisoners, including all land and buildings appurtenant thereto. prison and its administration is a state subject that comes under item 4 of the state list in the seventh schedule of the constitution of India.
The Supreme Court of India, in its various decisions related to prison administration, has enumerated 3 broad principles for the proper administration of prisons in India. it includes;
- A person inside prison does not become a nonperson
- A person is entitled to enjoy all human rights even within the limits of imprisonment
- There is no justification for increasing the suffering already inherent in the process of imprisonment.
PRISON ADMINISTRATION IN INDIA
crime is considered as a deliberate offense against the society, which can be eliminated by punishing the wrongdoers. due to the increasing rate of crimes in India, the number of convicts in India is very high which ultimately leads to a lack of adequate facilities in the prisons of India. The traditions, culture, and poor economic conditions have seriously inhibited the management and administration of the prison.
in a landmark judgment, Neena Rajan Pillai v.Union of India, Mr. Rajan Janardhan Mohandas Pillai, one of the famous businessmen of Singapore who died in judicial custody in Tihar Central Jail, in this case, the supreme court considered that the death of a person by the prison authorities violated his fundamental rights. the court also said that during such a situation, there is a need for immediate medical aid for the prison inmates, and necessary arrangements should be made for the prisoners without any delay otherwise it may violate the right to life under Article 21 of the constitution.
RIGHTS OF PRISONERS
As India is a democratic country, every person is entitled to some fundamental rights based on the nature of his life. There are certain other rights mainly for prisoners which include:
- Right to expression
- Right to be released on the due date
- Right against handcuffing, solitary confinement, and protection from torture
- Right to consult a legal practitioner of his choice
- Right to reasonable wages in prison
- Right for reasonable health care
- Right to human dignity
- Right to speedy trial
THE ACT
looking at the Prisoners Act 1894, chapter 2 deals with the maintenance and officers of the prison. it states that there should be a superintendent, medical officer, jailor, and other officers if required.
chapter 4 of the act is specifically related to the admission and discharge of prisoners. it is said in the act that after being convicted, the person will have to undergo a proper medical examination by the medical officer along with an examination by the prison officer.
chapter 5 of the act deals with the discipline of prisoners. it states that male and female prisoners and the convict and under trial prisoners will be kept separately. Those who have been sentenced to death should be separated from everyone else.
CONCLUSION
Though various bodies have studied the problems of prisons in India and laws have been made to improve the condition of prisons the truth is that many problems plague our prisons. In many cases, prisoners come out of jails as hardened criminals more than reformed wrongdoers willing to join the mainstream social processes. There is a need to emphasize on correctional aspect through counseling programs by experts. The mindset of jail personnel has to be changed.
Author: Purnima Kankrayne, 2nd year LL.B., Allahabad University
