PRISONERS REFORMS

HIDAYATULLAH NATIONAL LAW UNIVERSITY

CRIMINOLOGY AND PENOLOGY PROJECT
ON
PRISONERS REFORM

SUBMITTED TO
Mr. SANDEEP K. SUMAN

SANAT KUMAR KURRE

SEMESTER IX
ROLL NO. 126
SUBMITTED ON
26TH SEPTEMBER, 2016

PRISONERS REFORMS
Acknowledgement
I feel highly elated to work on this dynamic topic on PRISONERS REFORM. Its ratio is significant
in todays era when there is need to study the various aspect of prisoners reform towards effective
implementation of ideology of reformative theory and expand the study of criminology toward
effective crime prevention..
The practical realization of this project has obligated the guidance of many persons. I express my
deepest regard for our faculty Mr. Sandeep Suman. His consistent supervision, constant inspiration
and invaluable guidance and suggestions have been of immense help in carrying out the project work
with success.
I extend my heartfelt thanks to my family and friends for their moral support and encouragement.

Sanat Kumar Kurre

Semester IX TH
Roll no. 126

PRISONERS REFORMS
Table of Contents
Acknowledgement................................................................................................2
Introduction...........................................................................................................3
OBJECTIVE.........................................................................................................4
RESEARCH METHODOLOGY........................................................................5
Prisoners Reforms: Prior independence and Post-independence..........................5
Call for Prisoners Reforms at International Level................................................7
Reform in Prison Labour Scheme.........................................................................7
Role of State Welfare Officers in Reformation of Prisoners................................8
Programmes to boost the reformation tendencies in prisoners...........................10
Role of Non-custodial Methods in Reformation of Prisoners:...........................12
Suggestions.........................................................................................................15
Conclusion..........................................................................................................15
Bibliography.......................................................................................................16

PRISONERS REFORMS
Introduction
Punishing the offenders is a primary function of all civil societies. The drama of wrong doing
and its retribution has indeed been an unending fascination for human mind. However, during
the last two hundred years, the practice of punishment and public opinion concerning it has
been profoundly modified due to the rapidly changing social values and sentiments of the
people. Thus, punishment can be used as a method of reducing the incidence of criminal
behaviour either by deterring the potential offenders or by incapacitating and preventing them
from repeating the offence or by reforming them into law-abiding citizens. And the objective
of punishment can only be achieved by the prison institution.1
The existence of prisons can be traced back to the ancient period. Initially there was a belief
that rigorous isolation and custodial measures would reform the offenders. In due course it is
being substituted by the modern concept of social defence.
Development of Thought:
Custody, care and treatment are the, three main functions of a modern prison organization.
For over 100 years, there was emphasis on custody which, it was believed, depended on good
order and discipline. The notion of prison discipline was to make imprisonment deterrent.
Consequently, hard punitive labour with no regard for the human personalities and severe
punishments were the main basis of prison treatment. More than 40 prison offences have been
listed in the jail manuals of many States and any infraction was visited by quite a few
barbaric punishments.
Gradually, the objective of imprisonment changed from mere deterrence to deterrence and
reformation. This led to the abandonment of some of the barbaric punishments and
introduction of the system of awards for good work and conduct in the form of remission,
review of sentences, wages for prison labour, treatment in open conditions, parole, furlough,
canteen facilities etc2.

1 Criminal Justice India Series, West Bengal, 2001, Vol 1, Allied Publishers
Pvt.Ltd, New Delhi, p-46
2 Chakrabarti, Nirmal Kanti,1999, Probation Services in the Administration of
Criminal Justice, 1st edn., Deep & Deep Publication Pvt. Ltd, New Delhi, p-6-7
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Revision has now been made to meet adequately the basic needs of food, clothing, medical
care etc.

OBJECTIVE
The objective of the project is to,
1. Study the concept of prison reform in India.
2. Study the historical as well as present perspectives of prison reform.
3. Study about the various committees and their recommendations on prison reform.
4. Study the different verdicts of Courts on prison reform.

RESEARCH METHODOLOGY
The method of research adopted is analytical in nature. I have referred sources on the internet
as well as a few books on Criminology and Penology available in the university library
besides adding my personal views and knowledge of the topic. Books and other references as
guided by the faculty of Criminology and Penology have been primarily helpful in giving this
project a firm structure. Websites, dictionaries and articles have also been referred.

PRISONERS REFORMS

Prisoners Reforms: Prior independence and Postindependence

The modern prison system in India was originated by TB Macaulay in 1835. A committee
namely Prison Discipline Committee, 1836 was appointed, which submitted its report on
1838. The committee recommended increased rigorousness of treatment while rejecting all
humanitarian needs and reforms for the prisoners. Following the recommendations of the
Macaulay Committee between 1836-1838, Central Prisons were constructed from 1846. 3
The contemporary Prison administration in India is thus a legacy of British rule. It is based on
the notion that the best criminal code can be of little use to a community unless there is good
machinery for the infliction of punishments. In 1864, the Second Commission of Inquiry
into Jail Management and Discipline made similar recommendations as the 1836
Committee. In addition, this Commission made some specific suggestions regarding
accommodation for prisoners, improvement in diet, clothing, bedding and medical care.
Accordingly, the Government of India appointed the All India Jail Manual Committee in
1957 to prepare a model prison manual. The committee submitted its report in 1960. In 1957,
the Eighth Conference of the Inspector Generals of Prisons also supported the
recommendations of Dr. Reckless regarding prison reform. The report made forceful pleas for
formulating a uniform policy and latest methods relating to jail administration, probation,
after-care, juvenile and remand homes, certified and reformatory school, borstals and
protective homes, suppression of immoral traffic etc. The report also suggested amendments
in the Prison Act 1894 to provide a legal base for correctional work.
Central Bureau of Correctional Services:
The establishment of a Central Bureau of Correctional Services at the Central level in 1961
(renamed as the National Institute of Social Defence in 1975) was yet another important
3 Dr. Hira Singh, Social Defence(Vision 2020), article available online at
http:/www.planning
commission.nic.in/reports/genrep/bkpap2020/21_bg2020.doc. last visited on
16/12/2005.
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PRISONERS REFORMS
development. This was the first Central agency to undertake research, training,
documentation etc, in social defence and assist and advise the States on matters relating to
social defence.4
Mulla Committee:
In 1980, the Government of India set-up a Committee on Jail Reform, under the chairmanship
of Justice A. N. Mulla. The basic objective of the Committee was to review the laws, rules
and regulations keeping in view the overall objective of protecting society and rehabilitating
offenders. To constitute an All India Service called the Indian Prisons and Correctional
Service for the recruitment of Prison Officials. After-care, rehabilitation and probation should
constitute an integral part of prison service. The Mulla Committee submitted its report
in1983.
Krishna Iyer Committee:
In 1987, the Government of India appointed the Justice Krishna Iyer Committee to undertake
a study on the situation of women prisoners in India. It has recommended induction of more
women in the police force in view of their special role in tackling women and child offenders.

Call for Prisoners Reforms at International Level

The earlier United Nations Standard Minimum Rules for the Treatment of Prisoners,
1955 consists of five parts and ninety-five rules. Part one provides rules for general
applications. It declares that there shall be no 'discrimination on grounds of race, colour, sex,
language, religion, political or other opinion, national or social origin, property, birth or other
status. At the same time there is a strong need for respecting the religious belief and moral
precepts of the group to which a prisoner belongs. The standard rules give due consideration
to the separation of the different categories of prisoners. It indicates that men and women be
detained in separate institutions. The under- trial prisoners are to be kept separate from
convicted prisoners. Further, it advocates complete separation between the prisoners detained
under civil law and criminal offences. The UN standard Minimum Rule also made it
mandatory to provide separate residence for young and child prisoners from the adult
prisoners. United Nations Standard Minimum Rules for the Treatment of Prisoners,
4 Criminal Justice India Series, West Bengal, 2001, Vol 1, Allied Publishers Pvt.
Ltd, New Delhi,p-45
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PRISONERS REFORMS
1990 or Tokyo Rules (passed by General Assembly Resolution 45/110 on 14 Dec, 1990)
aimed at implementation of non-custodial measures as an alternative to strict imprisonment.

Reform in Prison Labour Scheme

The objectives of 'prison labour' have varied from time to time. The Indian Jail Reforms
Committee of 1919-20 recommended that the main objective of prison labour should be the
prevention of further crime by the reformation of criminals, for which they were to be given
instruction in up-to-date methods of work enabling them to earn a living wage on release.
The other objectives were to keep the offenders use fully engaged to prevent mental damage
and to enable them to contribute to the cost of their maintenance.
Work was allotted to prisoners on the basis of their health, length of sentence prior
knowledge of a trade, and the trade which was most likely to provide a living wage on
release. After independence, punitive labour such as extraction of oil by manual labour was
abolished and more useful programmes were introduced Co train offenders as technicians.
Some effort has also been made during the last three decades to train prisoners largely drawn
from among agriculturists in modern methods of agriculture and animal husbandry but, for
want of land, only limited progress could be made in this direction.5
Initially, payment of wages to prisoners was opposed on the ground that they were already a
burden on the State. Gradually, the need for providing some motivation to prisoners was
realized and it was considered that some monetary reward would develop interest in work and
provide the necessary incentive, more so if the prisoner was allowed to use the earnings on
himself or his family. After independence, in some of the open prisons, prisoners are paid
wages at market rates out of which they pay to State their cost of maintenance. There is now a
5 Chakrabarti Nirmal Kanti, Probation Services in the Administration of Criminal
Justice, 1st edn., 1999, Deep & Deep Publication Pvt. Ltd, New Delhi, p-8
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PRISONERS REFORMS
growing realization that such liberal system of wages would provide greater incentive for
higher and better production.
Maharashtra was the first State to introduce in 1949 a very comprehensive system of wages.
The Apex Court in State of Gujarat & another v. Honble High Court of Gujarat6 observed,
Reformation and rehabilitation is basic policy of criminal law hence compulsory manual
labour from the prisoner is protected under Art. 23 of the Constitution. Minimum wages must
be paid to prisoners for their labour after deducting the expenses incurred on them.

Role of State Welfare Officers in Reformation of

Prisoners
In some States welfare officers have been appointed but their number is nominal. They keep
in touch with the prisoners and help them to adjust to their new situation. They also help
prisoners in maintaining family ties. They have thus a very important role in the rehabilitation
of offenders.
The shift of emphasis from deterrence and custody to reformation and rehabilitation of
offenders has necessitated recruitment for prison services of men with humanity, integrity and
a sense of social service. They have to have a stable temperament, energy, tact and patience
and ability to get on well with others.

Reformation of Under-trials:
The under trial prisoners are rightly not obliged to work under the law but remaining
unemployed is not only against their own interest but also a national waste. A policy of
persuasion rather than coercion to engage under trial prisoners in work was thus advocated
and if they chose to work they were to be paid wages. But in practice when they opt to work,
they are employed on prison services and are in lieu thereof given laboring diet and no
wages.7

6 AIR 1998 SC 3164

7 Das, Shukla , Crime and Punishment in Ancient India, p-57
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PRISONERS REFORMS
Recently, the criminal law has provided that the period of detention as under trial shall be
counted towards the sentence of imprisonment. This will mitigate some hardship but will not
by itself encourage under trials to volunteer for work.
Quite a large number of under trial prisoners are detained in jails for long periods as they are
unable to afford fees of lawyers to defend them. In recent years the government has given
some attention to this problem and efforts are being made to give free legal aid to the poor. If
this facility is extended to a large number of poor persons, it would not only in the long run
result in the shortening of the period of detention of under trials but might in some cases
result in acquittal also.

Reformation of Women Prisoners:

The women prisoners should be treated more generously and allowed to meet their children
frequently. This will keep tem mentally fit and respond favourably to the treatment methods.
A liberal correctional and educational programme seems necessary in case of women
delinquents. Particularly, the women, who fall prey to sex offences, should be treated with
sympathy and their illegitimate children should be assured an upright life in the society. The
idea of setting up separate jails for women provides the free environment for providing
special treatment to them. The first women jail was established in Maharashtra at Yarwada.8

Reformation of Juveniles Offenders:

For the reformation of juveniles, correctional institutions, like Special homes (under the
Juvenile Justice Act, 2000), certified schools and borstals are constituted for providing the
special treatment, medical care, education, accommodation and vocational training to
juveniles. Particularly, the States of Gujarat, Maharashtra and Tamilnadu have done a
commendable work in direction of encouraging Borstal system through a well planned
strategy. The young offenders in these States are released on license or parole after they have
served at least two-thirds of commitment in a certified correctional school. These States have
also established After-care Associations and Children Aid Societies to rehabilitate and reform
the juvenile offenders.

Programmes to boost the reformation tendencies in

prisoners
8 Sen, P.K., Penology old and new,p-110
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PRISONERS REFORMS
There are some programmes as initiated by various State governments for the reforms of the
prisoners as follows:
Educational Facilities
The prison administration has provided facilities for education of inmates by getting affiliated
with the Indira Gandhi National Open University and the National Open School. There are
also computer-training centres for the inmates. The most important aspect of the education
system in Jail is that educated prisoners voluntarily teach less educated prisoners. An illiterate
prisoner can look forward to being literate if his stay is more than a week. Library facility has
been provided with the support of non-governmental organizations. Vocational classes in
English/ Hindi typing and Commercial Arts are conducted by Directorate of Training &
Technical Education and certificates are issued to successful students.
Prisoners' Panchayats
Prisoners' bodies called Panchayats are constituted to help prison administration in the field
of education, vocational education, legal counselling, kitchen, public works etc. Co-operative
canteens at many prisons have been running successfully and the profits made are used for
the recreation and welfare of prisoners. Prisoners are encouraged to participate in the
management of their welfare activities. Sense of responsibility is inculcated in the prisoners
to prepare them for social integration after release.

Vocational Training
Training on pen manufacturing, book binding, manure making, screen printing, envelope
making, tailoring and cutting, shoe-making etc. are regularly provided to the inmates. These
training programmes have not only resulted in learning of different trades but also provided
monetary gains to the prisoners. For the post-release rehabilitation of the prisoners, the Social
Welfare Department of State Govt. provides loans for setting up self-employed units.
Yoga and Meditation
The concept of introducing Yoga and meditation in the jail has created history and has
received wide accreditation by various national and international human rights organization.
For cleansing and disciplining mind, yoga and meditation classes are conducted in a big way
with the help of various voluntary organizations. In the year 1994 Tihar Jail created a history
by organizing a Vipassana Meditation camp for more than one thousand prisoners.
Facility for Psychological Treatment
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PRISONERS REFORMS
The prison authorities have started special psychological treatments for prisoners. Creative
Art Therapy, which is psychotherapeutic in nature, is used in several settings. In respect to
prison setting, the therapy serves as a reformatory process. in several ways. Firstly and most
importantly, it helps the inmates to express, channelise and ventilate their anger, grievances
and feelings. One has to keep in mind that anyone convicted or otherwise exiled from the rest
of the world is initially bound to have tremendous anger, aggression, and sense of
helplessness, hopelessness and emotional problems. Therefore, by practicing Creative Art, the
individual is able to release his pent up emotions and realise his worth.9
Prisoners' Grievance Cell
A prisoner grievance cell is working effectively under the charge of Petition Officer and
immediate remedial steps are taken on the complaints/ grievances of the prisoners. Prisoners
have been provided facilities to write complaints and send them to senior officers either
through fixed complaint boxes located at convenient places or through the mobile petition
box meant for petitions addressed to D.G. / Addl. I.G. (Prisons), which is taken to all the
enclosures everyday. Jail Superintendent, Deputy Superintendent and even senior officers
have frequent meetings with the prisoners openly where prisoners' grievances are listened
carefully and solutions provided.
Community Participation
As a part of community participation in the reformation and social integration of prisoners
after release, a large number of respectable members of non-governmental organisations,
retired Major Generals, Eminent Psychiatrists, Psychologists, Principals and Teachers of
various educational institutions have been conducting various activities in the jail. These
programmes have very sobering and positive impact on the psyche of the prisoners, who have
been shown the positive and constructive approach to life after interaction with them. NGOs'
participation is mainly concentrated in the field of education, vocation and counselling. Apart
from the formal education with the NGO support, the classes in various languages like Urdu,
Punjabi, German, French etc. are also held. 10 Some of the NGOs have trained selected
prisoners on various trades and have been bringing job for them against payment of
remuneration. They also rehabilitate these prisoners after their release.
9 Bhattacharya, Sunil.K, 2000, Juvenile justice-An Indian Scenario, 1st edn.,
Regency Publication, New Delhi,p-56
10 Mandelbaum, David G.,1998, Society in India, Vol-I, Popular Prakashan Ltd,
Bombay,p-221
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Periodical Visit of Medical Officers:
The reform initiatives taken up in Jail shows that force is always not necessary to control and
correct the prison inmates. The manner in which the prison administration has taken up the
system of rehabilitation, it becomes important for other prisons of the nation to follow suit.
The central as well as state governments must also take the initiatives to take actions so that
this system of rehabilitation is encouraged, promoted and practiced.11

Role of Non-custodial Methods in Reformation of

Prisoners:
The earlier penological approach held imprisonment, that is, custodial measures to be the
only way to curb crime. But the modern penological approach has ushered in new forms of
sentencing whereby the needs of the community are balanced with the best interests of the
accused: compensation, release on admonition, probation, imposition of fines, community
service is few such techniques used. About 80 per cent of convicted prisoners are sent to jails
for short periods not exceeding three months, which only expose them to moral
contamination and result in economic hardship and distress to their dependents.
There is thus need for greater use of existing alternatives to imprisonment such as warning,
probation, suspension of sentence, fines, release on personal bond etc., and also for
introducing other alternatives of a non-custodial nature such as service to the community,
payment of compensation to the victim of crime etc. Such punishments will involve the
positive cooperation of the offender which is likely to be effective in his reformation. The
11 Chakrabarti, Nirmal Kanti,1999, Probation Services in the Administration of
Criminal Justice, 1st edn., Deep & Deep Publication Pvt. Ltd, New Delhi,p-29
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PRISONERS REFORMS
addition of such punishment will add a new dimension to the penal system which will
emphasize the idea of reparation to the community. Some of the main non-custodial measures
are follows:
Probation:
The Central Correctional Bureau observed the year 1971 as Probation Year all over the
country. Probation seeks to socialize the criminal, by training him to take up an earning
activity and thus enables him to pick up those life-habits, which are necessary for a lawabiding member of the community. This inculcates a sense of self-sufficiency, self-control
and self-confidence in him, which are undoubtedly the essential attributes of a free-life. The
Probation Officer would guide the offender to rehabilitate himself and also try and wean him
away from such criminal tendencies. 12The probation system plays a very important role in
the
Parole:
The parole system is an excellent way to allow prisoners to rehabilitate and get in touch with
the outside world. Parole is a legal sanction that lets a prisoner leave the prison for a short
duration, on the condition that she/he behaves appropriately after release and reports back to
the prison on termination of the parole period. It must be noted that a parole is different from
a furlough. While parole is granted to a prisoner detained for any offence irrespective of the
duration of imprisonment, a furlough is only granted to prisoners facing long sentences, five
years or more. Furlough is matter of right, but parole is not. However, an abuse of the system
is a drag on the country. The urgent need of the hour is for police officials to acknowledge
that the parole system is being misused and find ways to ensure that parole laws are properly
enforced in prisons across the country.

Open Prisons:
Taking inspiration from Anglo-American developments in the correctional field of penology,
the Indian penologists were convinced that India also cannot tackle its crime problem by
putting criminals in prison cells. The institution of open prisons seems to be viable alternative
to harsh imprisonment system. The whole thrust in these open-prison institutions is to make
12 Chakrabarti, Nirmal Kanti,1999, Probation Services in the Administration of
Criminal Justice, 1st edn., Deep & Deep Publication Pvt. Ltd, New Delhi, p-25
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PRISONERS REFORMS
sure that after release the prisoners may not relapse into crimes and for this purpose they are
given incentives to live a normal life, work on fields or carry on occupation of their choice
and participate in games, sports or other recreational facilities. These are the minimumsecurity prisons. In this liberal remissions are given to extent of 15 days in a month. The State
of Uttar Pradesh was first to set up an open air camp attached to Model Prison at Lucknow in
1949. Other States, like Andhra Pradesh, Assam, Gujarat, Punjab, Kerala etc. are also set up
open-air camps.13
Remission:
Prisoners get remissions periodically for good conduct and work. Special remissions are also
given for specific special services. The sentences are reviewed from time to time according to
various rules and the prisoners are released before time if they satisfy the prescribed
conditions.
Work Release:
Work release is considered to be a very effective reformation tool in modern criminal justice.
In this method, the prisoner is allowed to work for pay in the society for part time basis. This
gives him an opportunity to mix up with the society in a normal manner without any
limitations. The control of the prison authorities in, however not completely taken away
since he has to work within the permitted parameters and during non-working hours, he has
to return the concerned correctional institution. The correctional authorities collect his
earnings and which are paid to the prisoner on the completion of sentence. However it differs
from parole as inmates continues live in and subject to control of jail authorities except the
working hour. This helps the prisoner to adjust in the situation at the work place after the
release.

Suggestions

13 Rajan, V.N.,1995, Victimology in India, 1st edn., Ashish Publishing House, New
Delhi,p-502
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PRISONERS REFORMS

It should be realized that if jail services in respect of reformative schemes are

improved and facilities given, they can do a very important constructive job of
rehabilitation. Developmental activities of the prison department, particularly in

respect of welfare and production, should be incorporated in the five year plans.
The need for introducing radical changes in legal and administrative procedures to
prevent long detention of under trials has been stressed. Legal aid to needy prisoners
is also being given due importance. There is thus a clear trend to reduce the number of

under trials and to expedite their trial in recognition of their human rights.
After-care for prisoners will assume greater importance when correctional
programmes in prisons are enforced properly. Both voluntary and statutory after-care
will have to be organised in future.

Conclusion
Research into crime and the criminal is still in its infancy. The immediate need of research is
to evaluate the existing methods of treatment and to suggest new approaches to the
prevention of crime. By using the non-custodial measures regarding the reformation of
prisoners, it does not mean that the value of custodial measures has been undermined. The
application of non-custodial measures only can be used by considering some facts, like nature
of offence which the prisoner has been committed and age of the prisoners. The value of
probation, open prisons, parole and home leave as reformatory measures need to be
established.

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Bibliography

Andrews, D.A., and Bonta, J. 2003. The Psychology of Criminal Conduct, 3d ed.

Cincinnati: Anderson Publishing Co.

Berk, M., Berk, L., and Castle, D. 2004. A collaborative approach to the treatment

alliance in bipolar disorder. Bipolar Disorders 6(6): 504518.

Clark, M., Walters, S.T., Gingerich, R., and Meltzer, M. 2006. Motivational
interviewing for probation officers: Tipping the balance towards change. Federal

Probation 70(1): 3844.

Cullen, F.T. 2002. Rehabilitation and treatment programs. In J.Q. Wilson and J.
Petersilia (eds.), Crime: Public Policy for Crime Control, 2d ed., Oakland, CA: ICS

Press.
Gendreau, P., Goggin, C., Cullen, F., and Paparozzi, M. 2002. The common-sense
revolution and correctional policy. In J. McGuire (ed.), Offender Rehabilitation and
Treatment: Effective Programmes and Policies To Reduce Re-offending, Chichester,
England: John Wiley and Sons.

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