Home Ministry prepares Model Prisons Act 2023 to replace British-era law

The Ministry of Home Affairs (MHA) has prepared the ‘Model Prisons Act 2023’ to replace the outdated Prisons Act of 1894.

Model Prisons Act, 2023

• The focus of the new act is to reform and rehabilitate inmates and overhaul prison administration.
• The Bureau of Police Research and Development (BPR&D), a think tank on policing subjects, was tasked with reviewing the laws and preparing a new draft.

Salient Features of the Act

• The model act includes provisions for the punishment of prisoners and jail staff for using prohibited items such as mobile phones in jails.
• It establishes and manages high-security jails, open jails (open and semi-open), and provisions for protecting society from hardened criminals and habitual offenders.
• The act provides legal aid to prisoners and includes provisions for parole, furlough, and premature release as incentives for good conduct.

Need for a New Prisons Act

• Outdated laws: The existing laws, including the Prisons Act of 1894, the Prisoners Act of 1900, and the Transfer of Prisoners Act of 1950, are outdated and need to be updated.
• Better prison administration: The MHA found several gaps in the existing act and emphasised the need for a correctional focus in prison administration.
• Prisoners’ rehab: The existing Prisons Act of 1894 lacks a focus on reform and rehabilitation of prisoners.
• Use of technology: The act also incorporates the use of technology in prison management and emphasizes the physical and mental well-being of prisoners.

Focus Areas of the Model Act

• Segregation of prisoners: The act emphasizes security assessment and segregation of prisoners, individual sentence planning, and grievance redressal.
• Prison development board: It proposes the establishment of a prison development board and aims to promote an attitudinal change towards prisoners.
• Gendered division: The act provides for separate accommodation for women prisoners, transgender individuals, and other specific groups.
• Technological push: It highlights the use of technology in prison administration, such as video-conferencing with courts and scientific and technological interventions.

Key Lessons

• Changing Perspective on Prisons: The statement acknowledges that globally, prisons are now seen as reformative and correctional institutions.
• Retributive deterrence: Prisons are no longer considered solely as places of retributive deterrence but as institutions where prisoners can be transformed and rehabilitated as law-abiding citizens.

Conclusion

• The Model Prisons Act, 2023 emphasizes rehabilitation and recognizes the potential of prisoners to become law-abiding citizens.
• The act provides a framework for creating a more just and rehabilitative criminal justice system.
• It focuses on the well-being of inmates and aims to ensure their successful reintegration into society.