Daily Current Affairs : 16-November-2023
In May 2023, the Union Home Secretary dispatched a significant letter to all states and Union territories, enclosing the ‘Model Prisons Act, 2023.’ This move reflects the evolving perspective on prisons, emphasizing rehabilitation over punishment.
Prisons Act, 1894: A Historical Overview
- Ageing Legislation: The Prisons Act, 1894, a pre-independence relic, has been in force for almost 130 years.
- Focus and Limitations: Primarily centered on custody and discipline, lacking provisions for rehabilitation.
Changing Perspective on Prisons
- Global Evolution: A global shift in recent decades sees prisons as institutions for reform and correction.
- Transformational Approach: Shifting from punitive measures to transforming inmates into law-abiding citizens.
Constitutional Framework: The State’s Domain
- State Subject: Constitutionally, prisons fall under the jurisdiction of the State.
- Legislative Competence: States exclusively legislate on prison management and administration.
Need for a New Law: Emphasizing Rehabilitation
- Rehabilitation Emphasis: Modern understanding advocates for prisons as rehabilitation-focused institutions.
- Government Support: Recognizing the critical role of prison management, the government supports states and UTs.
Emphasis on Reform and Rehabilitation
- Shift in Purpose: From retribution to reformative and correctional goals.
- Governmental Support: Recognizing the collaborative effort required for effective prison reform and rehabilitation.
Model Prisons Act, 2023: A Paradigm Shift
Background and Revision Process
- Outdated Nature: Acknowledging the outdated Prisons Act, 1894, the Central Government initiated its revision.
- Central Government Initiative: The Bureau of Police Research and Development spearheaded the revision, engaging in extensive consultations.
Integration of Relevant Acts
- Assimilation: Provisions from ‘The Prisoners Act, 1900,’ and ‘The Transfer of Prisoners Act, 1950,’ were integrated into the Model Prisons Act, 2023.
Adoption by States and Union Territories
- Flexibility: States and Union Territories can adopt the model legislation with necessary modifications.
- Repealing Outdated Laws: The Model Prisons Act, 2023, offers a progressive replacement for the outdated colonial-era acts.
Salient Features of Model Prisons Act, 2023
- Security Assessment and Segregation: Individual sentence planning for prisoners.
- Grievance Redressal: Establishment of a prison development board, fostering attitudinal change.
- Accommodation for Special Groups: Dedicated housing for women prisoners, transgender individuals, etc.
- Technology Integration: Transparent prison administration through video conferencing and technological interventions.
- Prohibition Measures: Punishment for prohibited items like mobile phones.
- Different Types of Jails: Establishment and management of high-security and open jails.
- Crime Prevention Measures: Focus on protecting society from hardened criminals and habitual offenders.
- Legal Aid and Incentives: Provision for legal aid and incentives for good conduct, promoting rehabilitation and reintegration.
Important Points:
Historical Overview of Prisons Act, 1894:
- Ageing legislation, in force for almost 130 years.
- Primarily focused on custody and discipline.
- Lacks provisions for rehabilitation.
Changing Perspective on Prisons:
- Global shift towards viewing prisons as reformative and correctional institutions.
- Transformational approach, focusing on turning inmates into law-abiding citizens.
Constitutional Framework:
- Prisons constitutionally fall under the jurisdiction of the State.
- Exclusive legislative competence for states on prison management and administration.
Need for a New Law – Emphasizing Rehabilitation:
- Modern understanding advocates for prisons as rehabilitation-focused institutions.
- Government support for states and UTs in recognizing the critical role of prison management.
Model Prisons Act, 2023 – A Paradigm Shift:
Background and Revision Process:
- Acknowledgment of the outdated nature of the Prisons Act, 1894.
- Bureau of Police Research and Development spearheading the revision, involving extensive consultations.
Integration of Relevant Acts:
- Assimilation of provisions from ‘The Prisoners Act, 1900,’ and ‘The Transfer of Prisoners Act, 1950.’
Adoption by States and Union Territories:
- Flexibility for states and UTs to adopt the model legislation with necessary modifications.
- The Model Prisons Act, 2023, as a progressive replacement for outdated colonial-era acts.
Salient Features of Model Prisons Act, 2023:
- Security Assessment and Segregation: Individual sentence planning for prisoners.
- Grievance Redressal: Establishment of a prison development board, fostering attitudinal change.
- Accommodation for Special Groups: Dedicated housing for women prisoners, transgender individuals, etc.
- Technology Integration: Transparent prison administration through video conferencing and technological interventions.
- Prohibition Measures: Punishment for prohibited items like mobile phones.
- Different Types of Jails: Establishment and management of high-security and open jails.
- Crime Prevention Measures: Focus on protecting society from hardened criminals and habitual offenders.
- Legal Aid and Incentives: Provision for legal aid and incentives for good conduct, promoting rehabilitation and reintegration.
Why In News
In May 2023, the Union Home Secretary dispatched a letter to all states and Union territories containing the ‘Model Prisons Act, 2023.’ Recently, the letter was officially published on the Union Ministry of Home Affairs’ website, providing accessible access to the comprehensive guidelines for prison management and reform across the nation.
MCQs about The Model Prisons Act, 2023
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What is the primary focus of the Prisons Act, 1894?
A. Rehabilitation of prisoners
B. Custody and discipline
C. Legal aid provisions
D. Crime prevention measures
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Why was there a need for the Model Prisons Act, 2023?
A. To emphasize punitive measures
B. Acknowledging the efficiency of Prisons Act, 1894
C. Recognizing the outdated nature of existing legislation
D. States’ refusal to manage prisons
-
what is the constitutional framework for prisons in India?
A. Central Government’s jurisdiction
B. Shared jurisdiction between states and the central government
C. Prisons fall under the exclusive jurisdiction of the State
D. Prisons are under the jurisdiction of local authorities
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What is a salient feature of the Model Prisons Act, 2023, regarding accommodation?
A. Overcrowding of prison cells
B. Special housing for women prisoners and transgender individuals
C. Lack of differentiation in jail types
D. Elimination of individual sentence planning
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