Prisons Reforms in India: A Critical Study on The Inhumane

Abstract

In India, The Prison System is seen as the place for deterrence, reformation and rehabilitation. At the same time all the above-mentioned theories are put in for a toss when it comes to maintenance of the prisons for human co-habitation. The improper maintenance have led to problems like over-crowding of prisoners, unhygienic living conditions, inadequacy of prison guards and lack of speedy trials. At a crucial time, such as the current spread of pandemic in India, the prisoners and the guards are left with very little safeguarding infrastructures and requisite space. Trials through video-conferencing, hygienic kitchens, effective legal aid and adequate police personnel are some of the recommendations put forth by The Amithava Roy Committee1, that is yet to be approved by the respective States, owing to their inability to bring a standard maintaining procedures in accordance with the committee’s recommendations. At the least, the ratio of adequate guards in proportion to the number of prisoners will mitigate the issues to some extent. For this, the immediate requirement is for the State to actively involve itself in recruiting more guards, so that the prison management becomes efficient and saturated. Prisoners are human beings too, and their basic rights to live in a humane condition is undeniable. On the other hand, the Police personnel who are left to maintain the prisons with very limited infrastructure and manpower also face inhuman treatment because of the State functionaries’ incapacity and inability. The paper aims to study the background of prisons and its management in 1 Three-member committee constituted on September 25, 2018 under the directions of Supreme Court Volume 2 – Issue 1 Journal of Multi-Disciplinary Legal Research ISSN: 2582-9947 India, along with future prospects on how things can change for better. The author has also tried to compare the Indian scenario with that of other developed counties, so that we become aware on how to improvise the existing situation and provide for better living conditions to the Prisoners and their Guards.