Prison reforms- protecting prisoners

Introduction

Imprisonment practices need a relook so that the police do not affect unnecessary arrests

Prisons- state list

Prisons'/persons detained therein' is a State subject under Entry 4 of List II of the Seventh Schedule to the Constitution of India. So administration and management of prisons is the responsibility of respective State Governments.

Overcrowding of prisons amidst COVID-19- Supreme Court’s order

If overcrowding of prisons has been a perennial problem in this country, high occupancy levels can only mean bad news amidst a pandemic.
The Supreme Court has been intervening from time to time to address this problem, but its latest order directing the interim release of eligible prisoners acquires salience in view of the uncontrolled second surge in the raging pandemic.
Last year, the Court had passed such an order quite early — the one of March 23, 2020, came even before the nationwide lockdown.
The Court had then ordered all States to take preventive steps as well as constitute high-powered committees to determine the class of prisoners who could be released on bail or parole for a specified period.
In directing this week that besides identifying more prisoners for release, the same set of prisoners be given parole this year too, the Court continues its trend of seeking to protect prisoners as well as those guarding them against getting infected.
Stopping the practice of transporting remand prisoners to court for a periodical extension of custody and hearings to asking authorities to prepare readiness and response plans.
The Court’s order is welcome, both as a move to decongest jails and a measure that protects the right to life and health of the prisoners.

Justice Amitava Roy Committee

The Supreme Court appointed Justice Amitava Roy (retd.) The committee in 2018 to examine the various problems plaguing prisons, from overcrowding to lack of legal advice to convicts to issues of remission and parole.

Important Recommendations

A speedy trial remains one of the best ways to remedy the unwarranted phenomenon of overcrowding.
Lawyer to-prisoner ratio is 1:30.
Special fast-track courts should be set up to deal exclusively with petty offences which have been pending for more than five years.
Further, accused persons who are charged with petty offences and that granted bail, but who are unable to arrange surety should be released on a Personal Recognizance (PR) Bond.
An adjournment should not be granted in cases where witnesses are present and the concept of plea bargaining, in which the accused admits guilt for a lesser sentence, should be promoted.
Every new prisoner should be allowed a free phone call a day to his family members to see him through his first week in jail.
Providing effective legal aid to prisoners and taking steps to provide vocational skills and education to prisoners.
Use of video-conferencing for trial.

Issues

The issue of reducing occupancy in the prison is once again under focus, and not merely for the usual reason of overcrowding, but also in view of the vulnerability of prisoners and prison staff to infection and disease, a comprehensive look at imprisonment practices in the country may be in order.
There have been reports of prisoners testing positive and getting hospitalised.
How far the regular testing and medical treatment available to inmates across the country is effective is unclear.
Further, even political prisoners, such as those jailed in the Bhima Koregaon case without any direct link to any act of violence, are being repeatedly denied bail, solely because stringent laws have been invoked against them.
Some political activists in Delhi are also in jail under anti-terrorism laws for alleged complicity in riots early last year.

Way forward

The courts must take into account their vulnerability to infection and consider bail.
In its order, the Supreme Court has rightly emphasised the need to adhere to the norms it had laid down in Arnesh Kumar vs State of Bihar (2014) under which the police were asked not to effect unnecessary arrests, especially in cases that involve jail terms less than seven years.

Arnesh Kumar vs State of Bihar (2014) case

Recognised that the failure of the executive to place an ordinance before the legislature constitutes an abuse of power and fraud on the Constitution
Mandated a nine-point checklist before any arrests could be made under the dowry harassment law
Ordered that a ‘Family Welfare Committee shall be constituted in each district by the District Legal Services Authority, which shall look into complaints under Section 498A (Dowry) of the Indian Penal Code (IPC)
Recognised the inherent injustice in Section 377 of the IPC, that its operation was patently opposed to the Constitution’s essential promise

In the past, the Court has also asked authorities in all districts in the country to give effect to Section 436A of the Cr.P.C., under which undertrials who have completed half of the maximum prison term prescribed for the offence may be released on personal bond.
Effective follow-up action is needed to audit these measures so that these are not implemented selectively or arbitrarily.

Source: TH