Model Prisons Act 2023

May 29, 2023
Posted by: OptimizeIAS Team
Category: DPN Topics

Model Prisons Act 2023

Subject: Polity

Section: Judiciary

Context: The Ministry of Home Affairs (MHA) has prepared a Model Prisons Act, 2023, to replace the existing 130-year-old colonial law governing prisons. The Act is being introduced following the spate of killings and gang violence within prisons, such as the recent murder of Tillu Tajpuriya inside Tihar jail.

Concept:

Along with the Prisons Act, 1894, the Prisoners Act, 1900, and the Transfer of Prisoners Act, 1950 have also been reviewed by the MHA, and their relevant provisions have been assimilated into the Model Prisons Act,2023.
According to the provisions of the Constitution, ‘prisons’ and ‘persons detained therein’ fall under the State List. This means that the responsibility of prison management and administration is with the state government, which alone is competent to make appropriate legislative provisions in this regard.

How the new act differs from the existing laws?

New Provisions

Earlier laws

The new Act seeks to create provisions for the grant of parole, furlough, and remission to prisoners to encourage good conduct.
It aims to provide separate accommodation to women and transgender inmates, ensure the physical and mental wellbeing of prisoners, and focus on there formation and rehabilitation of inmates.
It seeks to bring about “transparency in prison management”, and includes provisions for security assessment and segregation of prisoners; individual sentence planning; grievance redressal; a prison development board; use of technology in prison administration; and protecting society from “criminal activities of hardened criminals and habitual offenders”. Provisions for establishing high-security jails and open, semi-open jails have also been inserted.
New measures for prisoners to video conference with courts have also been introduced. However, if a prisoner is using prohibited items like mobile phones in jail, they will be punished.

Prisons Act of 1894 defined a “prison” as “any jail or place used permanently or temporarily under the general or special orders of a State Government for the detention of prisoners”, excluding police custody and subsidiary jails.
The Act had no provisions for reformation or rehabilitation and permitted “whipping, provided that the number of stripes shall not exceed thirty”, albeit for only male prisoners.
The Prisoners Act 1900 was introduced with the objective of consolidating the “several acts relating to prisoners” and dealt with the prisoners within presidency towns and those outside; it also included provisions on how to deal with lunatic prisoners and allowed prisoners to be removed from prisons upon conditions like receiving death sentences and maintaining good behaviour within prisons.

Is the new law binding on states?

Owing to the critical role played by “efficient prison management” in the criminal justice system, the Centre finds it crucial to support the States and UTs in this regard. So, the ministry clarified that the 2023 Act “may serve as a guiding document for the states” so that they may benefit from its adoption in their jurisdictions.