SIBANDA THANDOLWENKOSI
ACJ II CAT 3
PRISION SYSTEM IN INDIA.
According to Oxford English Dictionary prison means a place properly efficient and equipped
for the reception of persons who by legal process are committed to it for safe custody while
pending of trail and punishment.
Under the Government of India Prisons Act, 1870 prison means any goal or penitentiary
including the airing grounds and other grounds or buildings engaged for the use of the prison.
Prison means jail or any place which is used for the detention of prisoners permanently or
temporarily under the general and special orders of a Local Government. Prison could also mean
an institution used for the confinement of persons who convicted for major crimes or felonies.
Traditionally, prison means a place in which persons are kept in custody when trail is pending or
in which they are confined as punishment after conviction. The meaning of prison is different for
different people like for law abiding person it is a place where criminals end up and for criminals
it may be a vague peril or an unavoidable humiliation and for social inadequate it may be a
shelter and for some isolated persons prison may be a place where they can find some
appearance of championship and for prison officer prison is a place of work and for the
psychologist it is a career in studying behavior and for other persons it is an experience which
slows up time, which crows them together, sets them apart and changes the course of their lives.
A prison is something that is defined as a place of accommodation which was used for the
individuals who have committed an offence and whose trial is pending for having committed that
offence. The prison and prisoners law in India are one of the laws that was unnoticed and
forgotten and it cannot get sufficient importance as it should be for reforms in today's scenario.
There is lack of strong legislations for those people who are staying in the prisons who also have
the right to live with dignity and also entitled for basic respect like all other citizens of the
country.
There are many instances in which prisoners have been subjected to inhuman conditions or
treatment and deprived of basic needs such as proper food and proper sanitary conditions. Prison
should help in reforming humans instead of only punishing them. Reforms only be brought in
society when criminals get the right chance of improvement. If a person commits crime that does
not means that person stops from been a human being or becomes non- human he cannot
deprived from personal liberty.
, Prison and their administration is a state subject covered by item number 4 under the state list of
seventh schedule of Indian Constitution. State government has exclusively power related to the
management and administration of prison. It is governed by the Prison Act 1894 and the prison
manuals of the respective state governments. The state has primary role and responsibility and
authority to change the current prison laws, rules and regulations.
The central government only have power to give assistance to the states to improve security in
prisons, medical facilities, for the repair and renovation of old prisons, development of borstal
schools, facilities to women offenders, vocational training, modernisation of prison industries,
training to prison personnel and for the creation of high security enclosures.
The Supreme Court of India through various judgments enumerated several rules related to the
prison administration.
Some of the rules are as follows:
Every person is entitled to his own personal liberty. If a person lives in a person it does
not means that a person becomes a non-person.
A person who commits an offence is also entitled of all kinds of human rights but within
the confinement and limitations of imprisonment.
A person is already suffering for the commission of crime by punishment then no other
suffering is given to him.
The Supreme Court of India paid greater importance related to the various issues of prison such
as lack of proper healthcare and medical facilities, overcrowding, provisions of proper facilities
for the inmates as well as free legal aid which is expressly provided in the Constitution of India.
Functions of Prison
The legal system of the India is always based on the non-violence, mutual respect for each other
and treating other human with dignity. If a person commits crime that does not means that the
person stops or barred from been a human being or becomes a non- human or non-person, he
cannot deprived from personal liberty. The prisoners are also entitled for the human rights
because torture is a confession to the failure of the justice system.
Article 21 of the Constitution of India guarantees personal liberty and prohibit all kinds of
inhuman, cruel and degrading treatment towards any person whether an Indian national or an
alien. The violation of this Article would attract the article 14 of the Constitution of India which
talks about the right to equality and equal protection under the law. The rights of prisoners are
covered under the Prison Act, 1894.
ACJ II CAT 3
PRISION SYSTEM IN INDIA.
According to Oxford English Dictionary prison means a place properly efficient and equipped
for the reception of persons who by legal process are committed to it for safe custody while
pending of trail and punishment.
Under the Government of India Prisons Act, 1870 prison means any goal or penitentiary
including the airing grounds and other grounds or buildings engaged for the use of the prison.
Prison means jail or any place which is used for the detention of prisoners permanently or
temporarily under the general and special orders of a Local Government. Prison could also mean
an institution used for the confinement of persons who convicted for major crimes or felonies.
Traditionally, prison means a place in which persons are kept in custody when trail is pending or
in which they are confined as punishment after conviction. The meaning of prison is different for
different people like for law abiding person it is a place where criminals end up and for criminals
it may be a vague peril or an unavoidable humiliation and for social inadequate it may be a
shelter and for some isolated persons prison may be a place where they can find some
appearance of championship and for prison officer prison is a place of work and for the
psychologist it is a career in studying behavior and for other persons it is an experience which
slows up time, which crows them together, sets them apart and changes the course of their lives.
A prison is something that is defined as a place of accommodation which was used for the
individuals who have committed an offence and whose trial is pending for having committed that
offence. The prison and prisoners law in India are one of the laws that was unnoticed and
forgotten and it cannot get sufficient importance as it should be for reforms in today's scenario.
There is lack of strong legislations for those people who are staying in the prisons who also have
the right to live with dignity and also entitled for basic respect like all other citizens of the
country.
There are many instances in which prisoners have been subjected to inhuman conditions or
treatment and deprived of basic needs such as proper food and proper sanitary conditions. Prison
should help in reforming humans instead of only punishing them. Reforms only be brought in
society when criminals get the right chance of improvement. If a person commits crime that does
not means that person stops from been a human being or becomes non- human he cannot
deprived from personal liberty.
, Prison and their administration is a state subject covered by item number 4 under the state list of
seventh schedule of Indian Constitution. State government has exclusively power related to the
management and administration of prison. It is governed by the Prison Act 1894 and the prison
manuals of the respective state governments. The state has primary role and responsibility and
authority to change the current prison laws, rules and regulations.
The central government only have power to give assistance to the states to improve security in
prisons, medical facilities, for the repair and renovation of old prisons, development of borstal
schools, facilities to women offenders, vocational training, modernisation of prison industries,
training to prison personnel and for the creation of high security enclosures.
The Supreme Court of India through various judgments enumerated several rules related to the
prison administration.
Some of the rules are as follows:
Every person is entitled to his own personal liberty. If a person lives in a person it does
not means that a person becomes a non-person.
A person who commits an offence is also entitled of all kinds of human rights but within
the confinement and limitations of imprisonment.
A person is already suffering for the commission of crime by punishment then no other
suffering is given to him.
The Supreme Court of India paid greater importance related to the various issues of prison such
as lack of proper healthcare and medical facilities, overcrowding, provisions of proper facilities
for the inmates as well as free legal aid which is expressly provided in the Constitution of India.
Functions of Prison
The legal system of the India is always based on the non-violence, mutual respect for each other
and treating other human with dignity. If a person commits crime that does not means that the
person stops or barred from been a human being or becomes a non- human or non-person, he
cannot deprived from personal liberty. The prisoners are also entitled for the human rights
because torture is a confession to the failure of the justice system.
Article 21 of the Constitution of India guarantees personal liberty and prohibit all kinds of
inhuman, cruel and degrading treatment towards any person whether an Indian national or an
alien. The violation of this Article would attract the article 14 of the Constitution of India which
talks about the right to equality and equal protection under the law. The rights of prisoners are
covered under the Prison Act, 1894.
