Category: Analysis

Analysis, Policy

Prison Reforms in India – Part I

dhritichhabra

Abstract 

India is one of the largest and also the most crowded prison systems in the world, which inherently involves various institutional challenges as well as hardships for its administration. This paper aims to explore the conditions of prisons in India with a special emphasis to reformatory action taken by the legislation as well as the judiciary. While doing so, the historical situation of prisons along with a history of the reforms undertaken is also discussed along with international obligations, jus gentium and jus civile. The paper also throws light on the various challenges as well as the future outlook towards the issue. Ultimately, the proposition for the need to introduce better and improved prison reforms in the country is stressed upon, which will in turn improve the humanitarian situation of the inmates in general. 

Introduction

The situation of prisons and the condition of their inmates is an extremely essential issue for the well-functioning of any humanitarian society. The notion that prisons are mere dingy underground cells that house dangerous murderers and should be left at their fate is extremely ill-fitted in today’s world where prisons not only house social deviants who need rehabilitation and our support but also innocent victims of false prosecutions whose cases linger in the court for years but they are not able to secure a bail because of the cognizable nature of the charge against them. Unlike the draconian times, the society needs to realise that the inmates of today need rehabilitation and not torture. They require our support and not hate. Hence, instead of using inhumane correction mechanisms imposed by severe punishment, the modern society today is moving towards constructive development and humanitarian rehabilitation of prisoners. 

In India, the National Crime Records Bureau (NCRB), Ministry of Home Affairs, Government of India has given the following definition of a prison:

‘Any place used permanently or temporarily under the general or special orders of a State government for the detention of prisoners, under Section 417 of the Code of Criminal Procedure, 1973 and includes all land and buildings thereto, but does not include: (a) Any place for the confinement of prisoners who are exclusively in the custody of the police, (b) Any place specially appointed by the State government under Section 541 of the Code of Criminal Procedure, 1882 (10 of 1882).’

According to the statistics last published in the year 2015 by the NCRB, there are a total of 1,401 jails in the country, out of which there are 134  central jails and 18 jails exclusively for women as well. It is interesting to note that while the total capacity of these jails is 3,66,781, they anyway house a total of a whopping 4,19,623 prisoners and inmates which is way more than the actual capacity leading to a 15 percent higher occupancy rate than the actually available capacity. It is also worth noting that out of the total inmates (95.7% male and 4.3% females) only 32% are actual convicts and the majority chunk of 67.2% are merely undertrials. 

Unfortunately, only a total number of 416 convicts were provided with financial assistance on release and only 1286 convicts were rehabilitated in the year 2015. Moreover, the average earning per inmate was reported to be 4811.4 rupees only in the same year. Hence, these statistics clearly suggest that there is a need for further reform, apart from the reforms which have already been carried out.

In India, the management of prisons falls exclusively under the domain of the state government, as per the seventh schedule of the constitution. In every state, the prison administrative machinery works under the chief of prisons who is a senior ranking IPS officer. Basically, Indian prisons face three long-standing structural constraints: overcrowding, because of the high percentage of undertrial inmates in the prisons, understaffing as well as  underfunding. Therefore, the inevitable outcome of the aforementioned problems is more problems including subhuman living conditions, poor hygiene, and violent clashes between the inmates and jail authorities. 

The Historical Situations of Prisons and History of Reforms 

In the earlier times, the original purpose of prisons was not to confine a person for deterrence from crime or seperate the social deviants from rest of the citizens. The purpose was merely to keep the perpetrator of a crime detained until the actual punishment could be carried out, which was usually in the form of corporal punishment that was intended to cause the guilty person pain, such as being beaten with a whip, or capital punishment which used a variety of methods to claim the lives of condemned individuals.

However, it is interesting to note that the archaeological record of the Indus Civilization has provided no evidence of prisons in any form whatsoever, but then we also don’t have evidence of armies and kings since a more egalitarian system of governance was practiced during that time. 

Furthermore, the administration of justice during the vedic period in the territory of the Indian Peninsula was not a prominent duty of the state, and crimes were merely treated as torts. However, there has been no mention of prisons or jails. In fact, the house of the accused served the purpose of a jail and he or she was practically imprisoned in his own house till he or she managed to compensate the plaintiff. Surprisingly, though punishment was considered to be of great social and religious significance since the vedic period and even earlier, the concept of imprisonment as a form of punishment was found to be absent. The Dharmasutras as well as the Dharmashastras rarely mention the word ‘prison’ or ‘jail’ or ‘jailor’ or anything even corresponding to it.

The earliest reference to a regular prison is found in Kautilya’s Arthashastra, in which forced labour in mines amounted to imprisonment and a punishment of one of the severest kinds. 

Further, during the course of King Ashoka’s reign, he is said to have maintained in his unreformed early years a prison in which the most fiendish tortures were inflicted, and from which no prisoner came out alive. However, in the later period of his rule, many reformatory measures were taken by him. One measure was that he introduced the concept of regular visits to the prisoners which was to be made by the authorities once a day to enquire about their welfare. Specific emphasis was laid on their health, living condition and work. There were strict rules which were to be followed by the officers of the jail. There was also punishment for those who were charged with ill-treatment of prisoners and violation of rule of law. Also, male and female prisoners were kept in different wards. In the Fifth Rock Edict, the inscriptions of Ashoka, it has been found that grant of amnesty and release of prisoners was also offered on certain auspicious occasions such as the King’s birthday or the night of a full moon. 

Subsequently, with the advents of the Mughal Era and even under the Moghul laws, imprisonment was not encouraged. It was mostly just used as a means of detention of the undertrial prisoners inside specific fortresses which were situated in different and remote parts. The qazis were supposed to visit the prisoners, enquire into the conditions and release those who showed signs of repentance. Also, sometimes their release was also ordered on special occasions, for example, as King Akbar so ordered on the birth of his son and Prince Salim. 

Even in the Maratha period, the same pattern was followed. However, certain reforms were introduced such as providing them with the opportunity to visit their respective homes for religious rites. They were also released on the ground of health and political prisoners were well treated with respect. 

Thereafter, the advent of the East India Company and eventually the British Empire led to the birth of the modern prison administration and brought about various guidelines and regulations. Various Regulating Acts were introduced organisation and systematic approach which also established courts. Basically, the English rule of law was also made applicable to its Indian subjects. The then newly introduced Indian Penal Code defined each and every offence and prescribed punishment for it while the Criminal Procedure Code laid down the procedure for investigation of crime and prosecution of the criminals. Consequently, a movement for prison reforms had also started in Great Britain and effective measures to introduce elements of decency and humane administration were initiated. Before the 19th century, the condition of the prisons was very bad and they remained unventilated, overly crowded and were frequently prone to numerous epidemics. There was no segregation of the youth from the elderly, the convicts from the undertrials and even the female from the male. Unfortunately, the prisoners were treated as slave-labourers and there was no attempt at improving their living conditions and health and hygiene. Moreover, the company was not interested in spending money for the betterment and welfare of the jails. When efforts for reforms were initiated, a Prison Discipline Committee had been formed which submitted suggestive reforms on the lines of cleanliness, provisions of food and clothing and healthcare. Subsequently, the Prisons Act, along with its frequent amended versions, was also passed which mandated various principles and prison management policies. Various administrative reforms were introduced by the Prison’s Act, 1894 which brought about uniformity in prison administration throughout the country. Prisoners under the age of 21 were separated on the basis of puberty. Further, civil prisoners were also separated from criminal prisoners and the undertrials from the convicts as well. The Medical Officer was mandated to visit the prisons daily. The hours of work of those convicted was also limited to nine. The powers of the subordinate staff to inflict punishment were done away with and the Superintendent alone could do so. Then, the Government of India constituted the Indian Jails Committee in April 1919, which led to aiming towards reformation as well as rehabilitation. Its recommendations included categorisation of prisoners, separate courts for children and juveniles including remand homes for housing as well. It also suggested the introduction of warning, probation and fines. However, these recommendations were not implemented well. The government of india act, 1935 resulted in the transfer of the subject of jails to the control  of provincial governments, which then implemented certain reforms at the local levels. 

After the Independence, the newly constituted Government of India invited the United Nations expert Dr. W.C. Reckless, to undertake a study on prison administration and to suggest policy reform. His report titled ‘Jail Administration in India’ made a plea for transforming jails into reformation centers. He also recommended the revision of outdated jail manuals, after which the government appointed the All India Jail Manual Committee in 1957 to prepare a model prison manual. The committee submitted its report in 1960 and also presented it to the government of India for implementation. The Model Prison Manual (MPM) is the guiding principle on the basis of which the present Indian prison management is governed. In subsequent years, various other committees were set up such as the Mulla Committee and the Krishna Iyer Committee.

*To be continued further in Part – II (Coming Soon)

Analysis

Requirement of Creative Interpretation of Law by Tribunals on Climate Change and its Prevention

dhritichhabra

In recent years, carbon dioxide emissions have nearly doubled, sea levels are rising, ice sheets are shrinking and the planet is getting hotter. Whether certain leaders of the world believe in climate change or not, it is something which is undeniably taking place because we can all feel the effects and repercussions of it, be it the shrinking island of Japan or the ever reducing number of animal species. Majority of scientists around the globe have confirmed that human activity is not only an aggravating factor but is also the cause of most of the climate change. In the present times, a situation of urgency has arisen after predictions that the Arctic cover will melt in a few decades. Therefore, it is a vital responsibility for governments as well as the legal systems to ensure prevention and mitigation by all means. 

Unfortunately, in India, environmental laws and rules governing climate change are not only decades old and outdated but they also fail to address the urgency of the situation in which we are today. While there is no scarcity of legislations, ranging from the Environmental (Protection) Act, 1986 to the Water and Air Acts, these rules and regulations majorly fail to be effective. A major reason for their failure is that the boards and authorities established under these acts to work as enforcement agencies lack accountability and implementation. Many a times, giant corporations get away with causing pollution and offences listed in these acts by paying a few fines which are only worth a penny for them. Even though India is a signatory to various environmental resolutions and has also ratified the UN framework convention on Climate Change in 1993 and the Kyoto Protocol in 2002, there has still been very less enforcement considering that it’s a dualist nation. Another major reason is the lack of political will and lack of awareness among the citizens, which in turn fails to create the much needed political pressure. The country’s climate policy is also outdated, as the last one was formulated in 2008, a decade back. The ‘National Action Plan on Climate Change’ which was then formulated has evidently not been successful as most of the goals listed therein have not been achieved, such as the integration of climate laws and reporting of greenhouse gases (GHGs). 

Hence, now the need arises for the courts and tribunals to take all measures for prevention and mitigation, so as to ensure the safety and well-being of citizens. As Justice D.Y. Chandrachud mentioned in his recent speech, there is a need for the courts to devise solutions instead of waiting for the parliament and this is exactly what India needs. It has unquestionably become an issue of fundamental rights of the people and the right to life guaranteed by Article 21 of the constitution, so the tribunals must seek to protect the same. Therefore, in order for the judiciary to eliminate the causes of climate change, there is a requirement of creative interpretation of laws as against a strict and literal interpretation which hinders progress and advancement. Doing this would not only benefit the community but also reiterate the essence and objective behind the legislation. Therefore, there is a dire need to interpret all legislation in an environmentally friendly way while keeping in mind the long-term consequences of such judgments, since it is a common law jurisdiction and precedents also play an important role. 

In order to truly achieve environmental justice, the courts will have to take up an active role in creative interpretation so as to restrain harmful corporate projects and practices and also formulate guidelines through judicial activism. The ‘precautionary’ and ‘polluter pays’ principle along with the ideals of sustainability must always be kept in mind, so as to protect the right to life of future generations as well. It is unfortunate that in the case of Ridhima Pandey v. Union of India [O.A. No. 187/2017], the petition filed in the National Green Tribunal by a nine year old girl alleging inaction on climate change by the government based on the doctrine of public trust on behalf of all children and future generations was recently disposed of as the court believed that “climate change is covered” in existing laws. It must be remembered that based on the doctrine of public trust, the state is the trustee of all natural resources for the benefit of citizens. Furthermore, a severe adoption of absolute and strict liability principles along with correlating the measure of compensation to the size of the enterprise will also have to be adhered to. It is also vital that environmental justice can no longer be limited to environmental cases and tribunals, and must extend to every decision ranging from matters of land like the Aarey forests of Maharashtra to commercial development matters. 

Another aspect which affects interpretation is the polarity between economy and the climate, as unfortunately economic agendas act as powerful hindering forces for environmentally sound decisions. However, it is now high time to think about the future stakeholders considering the fact that a good economy will do no good if most of the population is unable to afford even clean air. 

In conclusion, in order to give way to creative interpretation, there is a need to learn new meanings of old concepts, take up a proactive role with a liberal approach for suo-motu powers and also move towards scientifically driven and sustainable decisions and judgments. If the same does not materialize, then the citizens of this country would not have a future, let alone the future generations to come. 

Analysis

Our Outdated Education System

misssharmaa

Introduction

This article intends to outline the basics of the Indian education system.There is an urgent need to point out the sanctity and importance of the education system in any country but there are certainly several loopholes that you can poke in the Indian education system in this day and age as well. The very grave one being that the same curriculum is taught in schools across the country with the same teaching pedagogy passed over since decades by earlier teachers. Therefore,this article’s purpose is to explore and pinpoint what all needs to be changed in Indian Schools focusing especially on the curriculum taught and the role a school plays in the personal development of a child.

The Indian Education System has been stagnant and outdated for quite some time to say the least and is in desperate need of being redefined. It is imperative to look at the curriculum and how  it is taught and,at the same time to take a look at what roles do the teachers play in the daily lives of the kids. Therefore,this article does not intend to delve deep in an analysis of the Education System but intends to draw a wholesome picture of what all needs to be improved.

Curriculum

1)Let’s start with the basics of the Education system in India. There are five education boards in India;

a)CBSE(Central Board of Secondary Education)

b)State Board(Separate board of every state)

c)ICSE/ISC(The Indian Certificate of Secondary Education)

d)IB(International Baccalaureate)

e)Cambridge IGCSE Indian Studies.

While the first three boards provide somewhat the same subjects to be taught and assessed in schools and the curriculum process,the last two boards have been newly introduced for children wanting to pursue higher studies abroad and tend to provide much more flexibility.

The first three boards are the boards which are generally pursued by an Indian child. The curriculum of these boards has not changed much over some time.

The first three boards even though while providing somewhat similar subjects are not assessed in the same manner. Therefore this often leads to marks not being judged on a uniform level and assessment not being made on a generic marking scheme. 

The implementation of the curriculum is often made out to be a practise through rote learning and the ultimate goal for students to score higher marks for the sake of getting into good colleges. 

It is imperative to understand that schools play an important role in the overall growth of children. Children generally spend 6-8 hours in their schools while going from class to class they do tend to develop a habit of being in school for the major part of their day but what needs to be paid attention to is for schools to have a dynamic curriculum which is adopted with changing times. 

Practical and realistic approach to subjects need to be implemented so as to let the children know how to use such skills or information in the real world and not just to write a test so as to make their report cards look good. 

The role of the faculty in the lives of the children 

Often Indian teachers themselves are not equipped to handle the developments and changes that a child goes through while his/her entire school life.  They tend to take their part in the child’s life as a casualty rather than of immense influence that it tends to be. 

To take an example let’s take one of every grumpy teacher that we all have had at least once in our school life and especially in our primary classes. They might shame a child who has not done his/her homework or if they answered a question wrong in front of the whole class rather than to understand why he/she did not do his homework or is not interested in the subject or to try and make him/her understand the subject again. This is a common practise resorted to by teachers which they take lightly and don’t understand the repercussions of. The child,even if had tried to understand the subject harder after being shamed might not try at all and avoid the teacher altogether to face that kind of persecution again. 

Subjects like drug awareness or sex education are considered to be a taboo in the Indian societies till date. While there might be people supporting the cause on social media,there needs to be something done at the very root level to normalize subjects like these or to make children more aware of the harm that drugs can cause them. Since teachers tend to dismiss the children that their moral compass doesn’t agree with they form an opinion and end up sticking to it rather than helping the child through the transition. 

Our Indian society is majorly to blame for it because we have the tendency to shush or judge whatever we think might be morally wrong and teachers are certainly a part of that same Indian society. 

Indian schools lack the very thing which students might need the most when going through a difficult time at home or school which are counsellors. While our teachers might be good at giving professional advice or on how to get into a good college but they certainly lack the sensitivity or the maturity which is needed to be dealt with a couple of teenagers. 

Ps: Stay tuned,a second part to this article will be updated soon 🙂