Indian prisons portray the plight of human rights and are in dire need of serious reform. Discuss.
Approach
- Start your answer by briefly describing the status of prisons in India.
- Discuss human rights violations faced by prisoners in India.
- Discuss some measures to resolve these issues.
- Conclude accordingly.
Introduction
As per the Data released by the Prison Statistics India (PSI) 2021, there has been an increase of 7.7 lakh in the number of people arrested in 2021 as compared to 2020. While 1.47 crore people were arrested in 2021, 1.39 crore were arrested in 2020. The population of inmates in 1,319 prisons grew by 13 per cent from 488,511 in December 2020 to 554,034 in December 2021.
Body
Challenges faced by Prisons in India:
Overcrowding:
Jail overcrowding is a situation that happens when a jurisdiction’s capacity for convicts is exceeded by the demand for prison space.
Additionally, it has exacerbated inmates’ stress and idleness and has the potential to cause medical issues.
Reason: Concern has been raised about jail overcrowding, especially among prisoners awaiting trial. According to the Law Enforcement Assistance Administration’s National Jail Census, 77% of jail inmates were detained while pending trial.
Corruption: Corruption by prison staff, and its less aggressive corollary, guard corruption, is common in prisons.
Reason: Given that the substantial power, for guards exercised over inmates, these problems are predictable, but the low salaries that guards are generally paid severely aggravate them. In exchange for contraband or special treatment, inmates supplement guards’ salaries with bribes.
Unhealthy Living condition:
The overcrowding in the prisons leads to unsatisfactory living conditions. Various issues like diet, clothing, and cleanliness, unsatisfactory living conditions continue in many prisons around the country.
Unequal Treatment:
According to a report by the Human Rights Watch, a “strict” class system is present in prisons in nations like India.
It claims that, regardless of the crimes they have done, a small number of prisoners from the upper and middle classes receive unique benefits under this system.
Poor Budget for Healthcare:
According to data from “Prison Statistics India 2021,” a publication of the National Crime Records Bureau (NCRB), only 54% of the entire budget for prisons was spent on inmates, and just 1.3% of that amount was spent on their medical needs.
Physical Abuse:
Physical abuse of prisoners by the guards is another chronic problem in the prisons of India.
In many prison systems in India, unwarranted beatings are an integral part of prison life. Further, women prisoners in Indian prisons are particularly vulnerable to custodial sexual abuse.
Often police officials resort to the torture and brutal physical treatment of prisoners in custody.
Further, third degree tortures within four walls of prison occur frequently and many times they remain unnoticed, such cases comes light when media or human rights commission gives any attention on it.
Measures:
Reform Criminal Justice System: Under-trial populations must be dramatically reduced if jail congestion is to be decreased. Of course, cooperation between the police and the courts is necessary for this to occur.
The criminal justice system’s three branches would need to work together harmoniously. For instance, implement changes like quick trials, specialised fast track courts, etc.
Increased Quality of Life The goal of improving prison conditions is to make prison life more humane and sensible for inmates, not to make it easier for them.
Innovative Initiative: There is a need for some creative initiatives, like the SMART programme being run by the Art of Living in Tihar Jail. It involves two monthly courses that are offered annually to prison staff. However, this might be more the result of experiments and exceptions.
Additionally, a project in Srijan aims to offer social rehabilitation there. However, there aren’t many of these programmes in Indian prisons.
Creating uniform jail manuals The guidelines for prisoner security outlined in jail manuals must be properly followed, and well-equipped and trained prison staff must be hired to monitor security measures.
Timely Inspection: Judicial officers must undertake timely inspections on a regular basis.
All the organs of police and administration must combine together so that effective social rehabilitation of inmates can be secured.
Conclusion
An arrested person’s fundamental dignity must be safeguarded, and convicted individuals must be treated with respect. Both article 21 of the Indian constitution and the universal declaration of human rights mention the protection of such dignities. In addition, there is a need to raise funding and make room for jail changes since without proper prioritising and funding allocations, reforming jails will be challenging despite all of the talk.