-1 -'

Received: 12. REVIEW UDK:343.9

JAIL RBFORMS IN : A REVIEW

Sudipto Roy lndiana State University Department of Crirninoiogy

ABSTRACT

Prisrms in the shape of dungeons had existed from tim.e immemorial in all of the old cowttries of the world. In this paper, the focLts is on India. India has a longstanding parliumenta6, democrttcy (since its independence on August 15, 1947.from the British rule) with afree press, a civilian-controlled miLitary, an independent .judiciary, and active political and civil organization.s. Despite the lingering problents ol overcrowding and the sittuttiott of undertrial.s, the up side is several state gover,'tntents hove started jail re.forms sout ufier tlrc Act w'a.s amended. The jail authorities are now providittg variecl eductttional antl vocu(ional taining, therapeutic: counseling, tlrug de-addiction center.s, ultgraded heulth care, recrcutionol .fut:ilities, ancl legal aid as well. As evident .from the cu.\es presented in this poper, the nnjoritt, ol' the reform e,fforts are taking place at.jails located in lurge urbon ttreos over the lu.st t:ouple of t-eors. The state governments need to expand those reform efforts to the jails outside those ttrbun ureos. Jail reform efforts had long been overdue in India. Apparently. the amendnrcnt of tlxe Indian Prisons Act in 2000 has been able to usher positive reform endeavors throug,ltout the country. The jail autltorities are increasingly becoming ,nore attentive towards inmates' well-being as well as the rehabilitative services necessary frtr the inmates' reintegration into societ)t upon release front.jails.

Key words: jails, prison re.fonn, India

INTRODUCTION ary, 1990). However, the percentages of the three types of prisoners ntentioned above vary from state Prisons in the shape of dungeons had existed human especially from time immemorial in all of the old countries of to state. Significant rights' abuses. violations of the rights of the convicted offenders the world. Norval Morris in his book The Future of quite preva- Imprisonment (1974) maintained that punitive im- sentenced to imprisonment have been in prisonment was used extensively in Rome, Egypt, lent in the administration of criminal iustice India (Roy, 1997). China,India, Assyria, and Babylon, and was firmly established in Renaissance Europe. In this paper, For more than a decade the jails in India have the focus is on India. India has a longstanding been suffering from overcrowding problems. Jails parliamentary democracy (since its independence across the country have been bursting at the seams. on August 15, 1947 from the British rule) with a Most of all, the services provided to the inmates free press, a civilian-controlled military, an inde- (such as educational or vocational training, health pendent judiciary, and active political and civil care, counseling, recreational facilities as well as organizations (Roy, 1997). According to the pre- legal aid) have been abysmal for decades. In post- vailing usage in India, the term jail is a generic independence India, a couple of jail reforms com- term that applies to penal institutions housing poli- mittees appointed by the central govemment made tical prisoners, prisoners awaiting trial, as well as several recommendations for jail reforms. In addi- prisoners sentenced to institutional detention. Con- tion, during the 1990s the National Human Rights sequently, thejails in India perform the function of Commission (NHRC) which was established in remand institutions and prisons (Mohanty and Haz- 1993, along with other similar groups have recom- (2003) 33-40 Krintinolo14iia i socijalna integraci.ia' Vol' ll Br' l' 34

in 1859 and 1860 respectively' Imprison- mended "jail reforms" to the central and state enacted as a form of punishment (which was first ap- sovernments as well. The Indian Prisons Act was ment India in l7i3) came to be applied uniformly lnacted by the British more than a century ago in plied in ihroughout India in 1860 (Chadha, 1983)' 1894. In ihe wake of varied recommendations for amended of jails i n post-independence ' jail reforms", the central governmentJras The administration of the states' tile century-old Indian Prisons Act in 2000 to bring India has been the sole responsibility governlnents or about significant jail reforms. Given the context' All jails are managed by the state (e'g' Anda- the purp-ose of this paper is to review jail reform by the Union Territory administration governmenl efforts u"to.t India following the amended Indian man and Nicobar Islands). The central and Prisons Act. The first section is divided into two is largely concerned with policy formulation head ofjail ad- sub-sections jails and their administration, and ptanriing services. In each state the - of Police of situations in jails. The second section presents a rinittru:tion is the Inspector General Deputy In- brief historical overview of jail reform efforts in the state. This individual has several the jails in each of India. The third section delineates the reform efforts spector Generals to look after which the state across the country in the wake of the amended the various geographical areas into Indian Prisons Act in 2000. In the final section a is divided (Raghavan, 1995). conclusion is drawn based on the facts presented in the previous sections. Situations in Jails The jails in India have been replete with vari- ous problems for a long time. These problems in- JAILS IN INDIA cludL overcrowding, mistreatment, lack of services for inmates' rehabilitation and reintegration Jails and Jail Administration needed into the society upon their release, mismanage- early jails were only places of de- In India, the ment, and callous authorities (Indian Express, No- offender was detained awaiting tention where an vember lg. lggg). The most significant problem judgement and the execution of the latter trial and has been overcrowding. The problem is so baneful Horaty, 1990). Among varied sanc- (Mohanti und that in some states the jails are filled to over four hanging, mutilation, and death' iions litce branding, hundred percent of their capacities ('The Hindtr' "imprisonment was the most mild kind of penalty JuJy 27,2002). known prominently in ancient Indian penology" At this point, let us take a look at some illus- (Mohaniy and Hazary, 1990, p' l9)' The main ob- trative cases of overcrowding in jails across India: jective of imprisonment was to hold the offenders Rights in detention iacilities away from the society' Ac- - On May 21,2002, the National Human to the central cording to Prakash (1976), these facilities were not Commiision presented their report the overcrowding appropriate for human dwelling' government after investigating jails in the state of Uttar Pradesh' Punishments for offenders in Mediaeval India iroblem in capacity of about thirty-three thous- had the semblance of Ancient India' During the Against the jails in that state were housing almost Mughal period the sources of law and administra- and, the inmates (Jha, 2001)' tion of justice essentially remained-Quaranic' The fifty thousand jail offensei were classified as (a) offenses against - Another case in point comes from the central ' God, (b) offenses against the State, and,(c) offenses in Hyderabad (ihe capital city of the state of against individuals. The punishments for these of- Andhra Pradesh, a southern state)' The jail with fJnr", were divided into four types - hadd, tazir' a capacity of little over seven hundred inmates quisas, and tashir (Sarkar, 1935)' These fines in- had to accommodate more than twice that number fines and confiscation, forfeiture of rank almost fifteen hundred inmates (The Times of - jail' "tuO.aand title, subjecting to humiliations, banishments' India, May 16, 2001). At this particular whipping, mutilation, and execution' Imprisonment there was just not enough space to sleep with too was'not resorted to as a form of punishment for many inmates squeezed in the limited space' conventional offenders. It was mostly used as a raising doubts about the health of the inmates' offenders were detained pend- means of detention; In December 1999, there were about ten thousand judgement (Bhusan' 1970)' - ing trial and inmates housed in Tihar Jail (in the state of With the advent of the British rule, the admi- ) against the capacity of three thousand nistrative structure assumed a new form' The Brit- (The Statesman, Decembet 27, 1999)' criminal law came to be applied in India as the ish In , all of the city's jails were burdened Regulating Act was passed in 1773',The Indian Pe- - with three times their actual accommodation ca- nal-Code and the Criminal Procedure Code were S. Roy: Jail Reforms in hdia: A Reviev, 35

pacity (Zatdi, 1999). For instance, the Mumbai largely ignored provisions for educational training, Central Jail which officially has room for a little job/r,ocational training, life skills training. recrea- over eight hundred inmates, had over twenty four tion, and legal aid (Bedi, 1999). In recommending hundred people lodged in it as of April 21, 1999. jail reforms Bedi ( 1999) had emphasized the neces- At the same time, another city jail with a capac- sity for providing all these services. [n Bedi's orvn ity for three hundred individuals housed about words, "Indeed the society has an obligation to pro- six hundred and fifty inmates. vide for these services to help inmates reintegrate (1999, At the Patna (in the into society" p.235) after their release from - Adarsh Beur Central Jail in jails. jail eastern state of Bihar). the number of inmates Likewise, the authorities of the Panaji was five times its capacity (T'he Tirnes of India, Central Jail (in the state of Goa) admitted the ne- January 2,2000). cessity for programs pertaining to health care, edu- cation, skills training, recreational activities, as (Kumar, As mentioned earlier. in addition to over- well as legal aid 1998). crowding the jails in India have been suffering from According to the National Human Rights various other problems. In may jails, the physical Conrmission's annual report tbr 2000, there have conditions have been unhygienic; medical facilities been another problem - incarcerating under-trials provided to inmates have been extremely inadequate in the nation's jails. The vast rnajority of jail in- (Bedi, 1999). For instance, the Human Rights Com- mates have been awaiting trial. Since plea-bargain- mission in its annual report for 2000 had lambasted ing is not granted in the administration of criminal the state government of West Bengal for the de- justice in India (Raghavan, 1995), the issue of plorable conditions of the jails and the govern- under-trials has plagued Indian jails for a long time. ment's failure to ameliorate the health care services According to the Commission's annual report (Tlte provided in the jails (The Statesman, March 4, Statesman, March 4, 2001).seventy percent of jail 2001). The Commission feared that the jails in that inmates (2,15,183 of a total of 2,90.065 inmates) state would no longer be institutions of correctional were under-trials. In three states (Uttar Pradesh, and custodial care unless the state government had Meghalay, and Manipur) under-trials accounted for the will, determination, and commitment to handle ninety percent of the jail population. In three other the problems endemic in the state-administered jails. states (Delhi, Bihar, and Jammu and Kashnrir) the (NHRC, Another significant fact is wolnen inrnates in percentage of under-trials was eighty 2002). jails throughout the country have been neglected Considering the problems prevalent in Indian for decades (Bedi, 1999). Medical care for these in- .jails, since 1998 the National Human Rights Com- mates have been traditionally inadequate. Life has mission (NHRC) have been urging the state gov- been bitter for all inside the jails, and it has been ernments as well as the central governnrent to particularly bad for women inmates (Dubey, 1999). legislate jail reform throughout the country (Bedi, Some facilities which have been provided to male 1999). What follows next is a historical overview inmates have been held back from female inmates. of the efforts undertaken fbr jail reform in India For instance, in the Central Jail (in the since the advent of the British rule. state of Uttar Pradesh), while male inmates were provided with the facility for opening bank ac- counts, female inmates were not allowed to do so. HISTORICAL OVERVIEW The same problem was reported from the Patna OF JAIL REFORM IN INDIA Central Jail (in the state of Bihar). In addition, the Superintendent of this Jail P. K. Jha maintained Under the East India Company rule, a number that female inmates were not granted to work either of jails were built in Bengal, North-Western state, inside or outside the jail to earn wages. Conversely, Madras, and Bombay in four decades during the male inmates were authorized to work even in the late l8'n century and the early l9'n century to ac- fields outside the jail (, June 9, commodate about seventy five thousand inmates 2001). Furthermore, according to Bedi (1999), fe- (Devakar, 1985). The first jail refbrm comrnittee male inmates throughout the country have faced was set up in 1836 with Lord McCauley as the special problems not experienced by their male co- chair. The committee submitted its report and made horts. They have been vulnerable to exploitation the following significant recommendations - (a) and sexual abuses. central jails should be built to accommodate not more than one thousand inmates in each; (b) In- Rehabilitative services provided to jail inmates spector General of Jails should be appointed in all in India have been lacking for a very long time. provinces (i.e. states) to monitor jail management; The jail administrations throughout the country have and (c) sufficient number of buildines should be 19 f ('?gIIBr' l' 33-40 Kritninttktgi.itr i sttciiulna httesnu:.f' l 36 in- the inmate as an inclividual; the comfortably (Ma- failed to regard built in all jails to house inmates a unit in the jail administrative central *u* *u, d"eemed as l98l). Consequently' in 1846 the fir'st Hazary' 1999)' It failed dan, united *u.f,in"ty (Mohanty and in Agra' The erstwhile well-being and ili';;;;,ablished to focus attention toward inmates' 'p-uin."t, Madr-as' Bombay' and Bengal Punjab, r,..,Ut"*, of health and labor' let alone vocational/ in 1844, the first Inspector General and coun- irii.*"a ,uit. !ir.r,i"".f as well as life skills training appointed in the then North-Western l"if was selinc. (Chadha, 1983)' "ipr.ruin.". ny'iSSZ, other state governments ap- respectlve prov- pointed *u.h Intptttors in their To bring about an overall change in Indian (Chadha. 1983)' jail reform cornmit- inces iails thl last ire-independence jail ref9r1 was ap- Sir Alexander cad- The second committee on t;;;;;;;inted in istq *itt' t to ntini- This.committee pnint"Jty the British government.il !0a ; ;;.tt'e .ftair (Madan, l98l)' investigating etTective jail ad- i"ir" ,n" riigh death in;uilt andjor ,".ornrn"naed reformation for an of jail'ut"-* *unuglt"-nt (Devakar' 1985)' ,ni"i.rt^,io" in Intlia' The committee emphasized ;il;;;ds was by in- ij;; *ty significant finding of th9 committee ;;^,^"i"g jail staff' manuf'acture of goods little over f-t-ry,.:li provided in jails' nte- ,t"'pr"ieding ten y"u1i 1 mates, retormatory measures -'in jails'.The commtttee release (Mohantv thousand deaths occurred in li;;l;";, and aid ti inmates upon be due recommenda- that sickness and mortality could onJHuruty, 1990)' However' these .on"fuA"O rule due in"r"u.tof problems - overcrowding' insufficient ,i*t *".i inaterialized durirrg the British provision lbr intensity ciott,ing, slleping on the tloor' poor ,o ,*n World Wars and the simultancous from unfit in- in lndia (Bhusan' A"iiV extraction of labor o1 ,n" independence movement "*""ities, medical care mates, and most of all inadequate 1970). recommendations.in gov- 1 983 Following its ccntral , Ct ). In the post-independence 9ra.. 1!e "Ott"' that all provinces must appornt Nations to send i s;l-if ;tt directed ernment hatl requesttO ttl" United civil surgeons for all jails' undei its Technical Assistance Program to make ""'"^p".,," r*,['V l"if adrninistration in India and The third iail reform committee was ap- for improvement therein (Bhu- This com- t"."*ti-it,fations the point"Jty the liritish regime in 1877' Dr' walter Relkless was deputed by No [i*"-t""i"wed jail'nu-nug"*"nt generally' "-,'iqiol.i" igst rot the job' Specifically' he recom- by this third Ui. of uew sisnificant change *u' t""oittnended m"nae,f several changes - establishment functions' cJmrnittee (Devakar, I 985)' iails to pertorm special-ized rehabilitative in imprisonment' re- The fourth reform committee' appointed ietuf tuUrtittttes for short-term jail management' of untler-trials' and drafting 1888, iecommended changes in duction in the number of^inmates (Ma- manuals in every state' and classification and segregation of jail n'ranagement of thi^s commlt- Jan, t98l )' The recommendations by the-All India Committee of lnspector ,* *"r" supplenlented In 1952 an All India Conference in 1892 as this committee resolution ;; i;i-Administration of Jails was held in Bombay' A across the country Generals r"r"*"V"0 jail administration conference to set up a commit- (Chadha' 1983)' *"t in this and made further recommendations ".""p"d Jail Management Manual' into the i""'tnt diafting a Model All these recommendations culminated. in All India Jail Committee was ap- of 1894' This Act re- Rccordingly i"giti"ri* of The Prison Act iqsz. rhit committee submitted its re- the use of corporal punish- p;*;;; a .ii'.,.d and regulated port to the central government and,finalized cellular confinement' and (Saksena' ;;;i".; whlpping), ManagemJnt Manual in 1959 qg this Act pro- Model Jail ii"i 0t'ro.ron, r t )' In addition' of the.Manual' things n"""f and i;i?i. Despite the adoption classification of different offenders and 1970s in terms ;id"d;;t (under- OiA nn, change during the 1960s uniform treatment of jail inmates *onAut"O of jail management' ;rhl. ;;J convicted offenders) (Madan' 1981)' the history and articles The year 1897 was a landmark in An inordinate number of reports Schools during the 1970s of iaii reflrms in India' The Reformative were published by the mass media made it of India to- ;.fi;^;;i'1ut"a in that vear; this-Act ;;;g attention of the Government to send of jails' reh-a- ,nunOuioty lor the courts thioughout,India wards jail management' conditions 16 years to refor- to the inmates' the below 9f bilitative services provided . i""""il"-,jff"nders (Chadha'"9." 1983)' ';;;;;"ols rather than toiails numberofunder-trialslanguishingin-jailsforyears, and Hazary' 1990)' despite the appointments. of several and overcrowding (Mohanty However, appointed a in British lndia the jail ma- Conr"qu"n,ty, thJ central governmext iail reform commitiees by Mr' Justice *-"t"""i f;*t"o behind the reformative goal' It Committee on Jail Reform headed a- S. Rov: Jail Reforms in India: A Review 5t

A. N. Mulla (retired) in April, 1980. The commit- tain penalties which mitigate against human dig- tee submitted its final report to the central govern- nity such as use of handcuffs, fetters, penal diet, ment in March 1983 and made over six hundred hard labor among others. The new provisions allow recommendations on various aspects of jail man- inmates to pursue enhanced educational/vocational agement. Most significantly, the committee recom- training, counseling, therapeutic treatments, life mended amendment of the Indian Prisons Act of skills training as well as legal aid without obstruc- 1894, revision of Jail Management Manuals by the tion (The Statesman, October 8, 2000). Addition- central as well as state governments and improve- ally, it provides improved living conditions in ment of rehabilitative services to inmates for rein- regard to accommodation, food, and medical care tegration into the society upon their release (Mo- for the inmates, and also a graduated system of in- hanty and Hazary, 1990). centives toward remission in the length of incar- The central government further established a ceration to inmates fbr their good behavior. Further- Committee on Women Inmates in May 1986 with more, it makes magesterial inquest mandatory in the retired justice of the Supreme Court V. K. case of custodial deaths and provides mandatory Krishna Iyer as the chair. The Krishna Iyer com- release of undertrials whose detention exceeds the mittee submitted its final report to the central gov- minimum period of incarceration specified for the ernment in 1987. Like the Mulla committee, this offense. committee also advised the central government to amend the age-old Indian Prisons Act of 1894. The major recommendations of the committee were es- REFORM EFFORTS IN THE WAKE OF tablishment of a nationwide uniform policy provid- THE AMENDED INDIAN PRISONS ACT ing justice to female inmates, provision of vocatio- nal/educational training, counseling, therapeutic In the wake of the amendment of the century- jail efforts treatment, and legal aid (Mohanty and Hazary, old Indian Prisons Act in 2000, reform governments in 1990). have been undertaken by the state India. What follows next is a presentation of some In addition to the recommendations of jail re- recent illustrative cases ofjail refbrm endeavors es- form committees, other factors have influenced the sayed in states across the country. central government to amend the century-old In- factor has been court dian Prisons Act. One such Delhi Tihar Jail orders to reform jail management focusing on in- - mates' well-being and rehabilitative provisions. For A number of years before the amendment of instance, in October 1998, "the Panaji bench of the the Indian Prisons Act in 2000, Tihar Jail (one of Mumbai High Court had directed the Goa Central the country's maximum-security detention facili- jail, Agnada, to implement several measures to im- ties) had started witnessing some remarkable trans- prove the lives of inmates as well as management" formations. As a matter of fact, these changes com- (Kumar, 1998). The court also ordered the jail menced in 1994 under the tutelage of the then In- authority to improve provisions of rehabilitative spector General of Prisons in Delhi Ms. Kiran services for the inmates. Bedi. The transformations started with the creation of two juvenile wards in 1994 (Bedi,2000). National Human Rights Commis- Also, the A drug de-addiction center was established in (NHRC) has been urging the central and state sion 1999. "Ashiana" is the center where drug-addicted governments for the last several years to improve inmates are referred to by the jail physicians. "Ashi- rehabilitative services offered to jail inmates across ana is a voluntary non-governmental organization Report 1999, the the country. ln their Annual of (NGO) which provides a staff of doctors, nurses, NHRC encouraged the central government to amend and ward-boys and has converted Jail 4 into a regu- Act 1894 to improve the qual- the Indian Prisons of lar hospital" (Bedi, 2000, p. 205). The inmates un- of jail management as well as provide better re- ity dergo a treatment course for four weeks; after that habilitative services to inmates for reintegration into efforts are directed toward their rehabilitation. "A (Times of India, January society upon their release number of non-governmental organizations have 5,2000). come forward to offer help in treatment and coun- The central government finally amended the sef ing" (Bedi, 2000, p.2O6). in The amended Act pro- Indian Prisons Act 2000. The inmates'participation in games and sport vides equal treatment in jails (The Statesman, Oc- activities within the jail boundary has been encour- 2000). This Act eradicated differential tober 8, aged by the authorities since 1998 through inter- treatment of inmates based on their social status, ward competitions held twice a year (see tiharpri.s- education, etc. It also provided for abolition of cer- i socijalnu integrdcijl. Vol' ll (2003) Br' l' 33-40 38 Kriminologijtt

has also started computer ons.nic.in). Eminent personalities from the field of The same NGO inmates at the Presidency Jail, sport and culture are invited on these occasions to training classes for December 2001. According to De and encourage inmates to take part in these events, to Calcutia, in jail have adopted foster tfieir physical, mental, and cultural well- Sen (2002), the authorities at this initiatives. Both male and female in- beings and inculcate disciPline. several reform rnates can now avail computer training, educational Both adult and formal educational trainings training, varied vocational training, legal aid, as are being offered to the inmates since 2000 (see ti- well as therapeutic counseling free of cost' Man- haryrisons.nic.in). T\e National Open agement of finances along with other life-skills University established a regular study center in Ti- training have been made available free of cost to har for providing education to the inmates as well the inmates. In December 20O2, the central govern- as the staff (Bedi, 2000). Undergraduate and gradu- ment sanctioned 1.2 million [Rupees] to the state ate degree courses are offered along with certifi- government for jail reform efforts across the state cater in management, computers, rural develop- (The Statesmcn, Decemb er 26, 2O02). ment, nutrition, health care, creative writing, etc' As of December 2001, twenty such courses were Pradesh being offered (see tiharprisons.nic.in). For instance, Madhya are capsule computer courses of six month duration Since the beginning of 2003, it has been dot with the provided to willing and eligible inmates com time for about 30,000 inmates detained in (a Expendi- irelp of the Sterlite Foundation NGO). various jails across this state as they get trained to the state tu.es on fees for the courses are borne by make use of the latest computer technology (Shiv audiovisual government; also, study materials and Kumar. 2003). The inmates are learning computer inmate students' iid. ut" provided free of cost to operations free of any fee within the jail premises been estab- Libraries with modern facilities have and according to Mr. Shakeel Raza, Inspector Ge- The lished in each ward with the help of NGOs' neral of Prisons in the state, these inmates would system in most engaging aspect of the educational have a better opportunity to get jobs upon release' Jail is that educated inmates voluntarily teach Tihar Also, in Bhopal [the state capital]jails the authori- their less etlucated cohorts (see tiharprisons'nic'in)' ties have started offering certificate courses iit Another rehabilitative effort undertaken in Ti- health care, computer, and rural develtlpment in har Jail has been meditation classes for the inmates 2001; therapeutic counseling is also made available (see tiharprisons.nic.in). A permanent meditation to the inmates (Shiv Kumar, 2003). (Vipassana) center has been in operation since 1998' A number of voluntary NGOs have been imparting Uttar Pradesh - Lucknow moral education, counseling, and techniques of In 2001, an international charitable organiza- meditation to the inmates. A study conducted by tion, the Art of Living Foundation, started offering Professors Khurana and Dhar (2000) of the Indian in Lucknow state capital]jails for re- Institute of Technology, , investigated programs [the jail inmates from stress and other negative the impact of meditation on subjective well-being ii"ulng feelings (Jha, 2001). The Foundation which has a and criminal propensity among the Tihar inmates' consultative status with the United Nations as a The researchers reported that meditation signifi- NGO, teaches yoga and meditation to the inmates' cantly enhanced subjective well-being and deci- According to the state Inspector General of Pris- mated criminal propensity among the participants' ons, these programs are tailored to increase energy negative emotions West Bengal - Calcutta and enthusiasm and eliminate like anger, frustration, depression, and sadness (Jha, government of West Bengal opened The state 2001). At Lucknow jails, with the help of several physiotherapy center, and a a computer center, a NGOs the authorities are also offering varied edu- unit at the Alipore Cen- diagnostic and therapeutic cational and vocational training, therapeutic coun- capi- tral Correctional Home in Calcutta [the state seling, and legal aid to the inmates. tall on September 2001 (Times of India, Calcutta, Deiember 16,2001). According to Mr. D' Chowd- Tamil Nadu - Chennai hury, the Inspector General of Prisons in the state, the beginning of 2001, the state Inspector these new facilities have been inaugurated as part At of Prisons rendered permission to the In- of the state's jail reform efforts. Convicted inmates General national Open University to offer un- receive computer training (free of cost) at the new dira Gandhi level degree as well as facility to procure jobs after their complete their dergraduate and graduate courses in computers, nutrition, health sentences. The services at this facility are provided certificate at Chennai state by Century Computer, a NGO. care, and rural development [the S.Roy: Jail Refurms in India: A Review 39

capita[ jails (Indian Express, April 23, 2001). In provided to inmates (such as adequate educational addition, the jail authorities in Chennai have re- and vocational training, health care, nutrition, the- vamped recreational and health care facilities as rapeutic counseling, recreational facilities, and le- part of their jail reform endeavors. gal aid) have been lacking over the years. The establishment of the National Human Rights Com- Karnataka - Bangalore mission (NHRC) ushered some changes. The NHRC along with several other organizations advocating Consequent to the amendment of the Indian inmates' right to well-being recommended jail re- Prisons Act in 2000, extensive reform efforts have forms to the central and state governments as well. been undertaken in Bangalore [the state capital] The Government of India finally amended the In- city jails. The jail authorities in this major southern dian Prisons Act in 2000. city of the country have upgraded housing facilities It has ben a little over only two years since the for inmates; simultaneously, they have updated Act was amended. In a large country like lndia the health care, counseling, recreational facilities as jail authorities may need sufficient time to imple- (Times r well as legal aid of India, September 5, ment the changes spelled out by the amended Act, 2001). Legal counseling has been made available especially due to the fact that there is no central- cost to the inmates since July 2001 at a nominal ized jail administration. As mentioned earlier, each document (inmates are only charged for typing and state government is responsible for administration fees). Furtherrnore, since the beginning of 2001, of jails in their own state. That is, each state gov- jails Bangalore city are offering both degree and ernment is responsible to bring about jail refonns com- certificate courses at undergraduate level in specified by the amended Act. puters, management, and health care to the inmates. As presented through the illustrative cases, The authorities have also opened a drug de- evidently various state governments have em- addiction center for inmates in 2002 (Indian Ex- barked on the reform movement. The first reform press, February 21, 2002)." movement was essayed at Tihar Jail in the capital The illustrative cases mentioned above de- city Delhi. Various aspects of the reform move- monstrate that the amendment of the Indian Prisons ment in Tihar Jail set examples for the rest of the jail Act in 2000 has led to varied reform efforts un- country. Housing a little over twelve thousand in- dertaken by the state governments across India. Al- mates, Tihar is the largest jail in the country. As though the states vary from each other in terms of evident from several reports, the reform efforts at the types of reform endeavors, overall, the amend- this jail have been able to make positive impact on ed Act has surely made an impact throughout the the inmates. Yet, the country's largest jail remains country. overcrowded. As a matter of fact, overcrowding is still a problem in Indian jails. For instance, in the state of Bihar, the Patna High Court pulled up the CONCLUSIONS state government for doing little to decimate over- The objective is this paper was to review jail crowding and directed the government to submit reform initiatives undertaken by the state govern- reports every month to the Court on this issue (The ments throughout India in the wake of the amend- Telegraph, march 12, 2003). ment of the century-old Indian Prisons Act in 2000. side the jails is the The Act was brought into effect by the British rul- Another lingering down of spending time at these facili- ers in 1894. However, jails as detention facilities number of undertrials number undertrials in jails were built and used by the British rulers at several ties. Reduction in the of specifications of large cities across the country during the late l8'n across the country is one of the lagging behind in century and the early l9'n century. The first jail re- the amended Act. Jails are still lack form committee was set up by the British in 1836; implementing this specification, mainly due to of space in the existing facilities and lack of build- .the last one was appointed by them in 1919. Alto- gether five jail reform committees were set up by ing new detention facilities. Some the amendment, (such Maha- the British in pre-independence India. During the some states as Delhi, West Bengal, post-independence era, two jail reform committees rashtra, and Tarnil Nadu) have taken initiatives to were appointed by the Government of India. De- this end (The Telegraplr, January 16, 2003). spite the inordinate number of recommendations Despite the lingering problems of overcrowd- made by these committees, jail management and ing and the situation of undertrials, the up side is situations of inmates remained baneful for a very several state governments have started jail reforms long time. For several decades jails across India soon after the Act was amended. The jail authori- have been overcrowded. ln addition, the services ties are now providing varied educational and vo- (2003) 40 Kriminoksgija i socijalna integracija. Vol. | | Br. l' 33-40

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