Condition of Prisons – An Analysis

Abstract-

India consists moderately low number of people in jail when contrasted with different nations, there are a few normal issues across the prisons present in India. Packing, delayed confinement of  detainees, bad living conditions, lack of hygiene and the claims for the detached, corrupt jail staff. A couple of serious issues of jail frameworks in India are examined underneath. The privileges of all people are protected by our constitution. Incidentally, the detainees are dealt with in an unexpected way; not standard with non-detainees and their freedoms are denied and disregarded.

Keywords- Prison, privileges, freedom, jail, detainees

Introduction-

Jail is where the criminal structure put its entire assumptions. The remedial system, assuming crashes and burns would create the whole criminal philosophy vain. The guideline regarding regulation for a wrongdoing had switched impressively through progression of current basic liberties resolutions. The possibility of change has transformed for jail association. Jails are present between us since Vedic period.  Jails' were referred as a 'Position of Captives', it is a place for detainees for retaliation and discipline. From the beginning, there was a assumption that measures related to custody will change the blameworthy gatherings. Different problems related to  penitentiaries that should be perceived by government and experts now and again.

This is a central issue which should be addressed to safeguard the structure of the established arrangement. The Supreme Court many times held that  detainees should be considered as a legitimate individual. It should be the obligation of the Honorable Courts to safeguard the prisoners from torment, provocation and provide them equity.

Historical Background-

In India, jail system  started by TB Macaulay in 1835.  In 1838, a report was made by Discipline Committee. Central Prisons created in 1846 by following Macaulay Committee. earlier, Britishers were managing everything in India related to prisons associations.  In 1864, ideas were made by the Second Commission of Inquiry into Jail Management and Discipline concerning the 1836 Committee. Also, this Commission made various ideas for upgradation of prisoners including living areas from them, food facility with improvement and some other facilities too that were necessary for them In 1888, the Fourth Jail Commission was introduced, because of which jail bill was passed. Ideas for improving the conditions of the prisoners living in prisons were given by many experts of jail administration and government of the respective states. 

Problems in Prison-

The Honorable Courtsaw that the current jail framework is impacted with serious issues of-

Overcrowding-

Clog in prisons, especially among under-trials has become a issue of concern. Census of National Jail in 1970, reported that about more than 50% of prisoners were under-trails and hence creating congestion in prisons that ultimately results in overcrowding. By reducing the under-trails population, overcrowding problems can be solved in jails. With the corporation of courts and police, it can be done. In the case, it was held that if adjournment process would be happening like the way today it is, then even increment in courts will not help for resolving this problem. Speedy trail may solve the overcrowding issue under prison.

Staff shortage and inadequate training-

Detainment facilities authorized jail staff of about 49,030, but the current staff are around 40,000. About 9,090 posts are vacant and nobody assigned for the vacant posts. This will lead many problems in jail like seven prisoners have only one jail staff which is not sufficient for seven prisoners. There may be some wrongful activities including crimes performed by prisoners and may jailer is unable to see that, will harm a lot. Sometime, may there is some negligence performed in the part of jailer will lead some serious issues. So, there should be sufficient number of staffs to take care of the prisoners.

Unhealthy Living Conditions-

The congestion in the detainment facilities prompts unsuitable day to day environments. Food, hygienic and clothing facility are not good in jails. Unhygienic compartments in jails leads  torment to the prisoners. Food are also cooking with lack of hygiene, producing many diseases and if a women is pregnant then it causes many infections which may create serious problem for both women and child. In 1995, a business man died in Tihar Jail, after which a committee assigned and reported after two year of this incidence that about ten thousands prisoners were suffering from serious health issues including cholera, typhoid, and much more diseases, it also included sanitary issues. Deficiency of clinical staff is also a big problem hence results in unhealthy living conditions.

Corruption-

Corruption by jail staff, and its less forceful end product, watch defilement, is a very common practice. For providing special attention and supplements to the prisoners, jailers are taking bribe for giving them services in jails. As jailers are getting low salaries from the authorities, in response of this, they are taking bribes from the prisoner and leads increment in corrupt activities.

Custodial Tortures/Deaths-

The torment ruthless actual treatment in authority by police official is one more serious Problem of prisons in India. Third degree torments inside four dividers of jail happen every now and again and commonly they stay inconspicuous, such cases comes light when media or basic freedoms commission actually focuses on any consideration on it. The legitimate medicines of detainees referenced in the jail acts and in different manuals alongside the rules of the summit courts are ignored by the police staff and at times it lead to passing of detainee under the guardianship. These torments make casualty to endure intellectually and actually and some of the time it gets long time for them to recuperate from that injury. 

Custodial Rape-

Custodial rape is a dangerous issue for women under prison. Custodial assaults shifts in India from one state to another and prison to imprison. Many cases related to the custodial rape was not reported till date. The main reason for this, is if women complaint against this crime, then  after the release of her from the jail, society would not see her with good eyes, and if she is a girl, then it will cause problems at the time of her marriage. Hence, they are on back foot in case of doing FIR against the rapist. And if some women tries to do the same, many times no actions were taken against him and causes more hurdles in jail to live a normal life.

Inadequate Prison Programme-

Few programs are happening in jails like Tihar Jail consist of Art of living programs for prisoners and staffs. Some prisons carrying vocational programs, but there is no regularity over their. Vocational programs are not very well planed in many prisons.

Suggestions-

• More prrison should be built, so that overcrowding problem can be fix, but making new jails is not a long term solution so there should be presence of open prisons, improving the system of parole and furlough and more fastrack court should be formed to overcome  this problems. 
• A box should be maintained where prisoner can submit their problems occurring in jails and authority should try to solve their problems. 
• There should be a separation between criminal offenders to civil, adult to juvenile and male from female. If they are living together, then it will give rise to more crime and criminals.
• Detainees who have completeted their schooling in the prison, should be provided by some ground arrangements, accordingly they should be provided by some placements too.
• Basic healthcare facility along with some standards provided to the prisoners.
• CCTV camera should be installed in prison’s each and every compartment.
• There should be some officer who should be responsible for the welfare of the prisons and prisoners.
• Permitting interested Non-Governmental Organization, who actually wants to work for the upgradation and improvement of the prisoners including vocational training programs, health related knowledge and other.
• National Human Right Commission should take more part in prison related matters. 
• There should be some time limit provided to the investigating officers for conducting investigation.
• Matters related to prison should be added in Concurrent list so that Central Government make same laws for whole. 

Conclusion-

In three wings of crime and criminology that is Court, police and prison, balance should be maintained. Prison is an important part of the Indian administration it should be take care wisely. In order to maintain this, living standards of prisoners should be maintained in the prisons. Many problems as mentioned above including overcrowding in jails, staff shortage in jails, unhealthy living conditions includes lack of clothing, improper food and unhygienic jails, corrupt staffs, custodial deaths, custodial rape and inadequate prison program, these should be solved. Prisoners also have their fundamental rights except right to liberty but they have a to live in safe atmosphere but prison lacks this right too. Regular inspection should be held so that conditions of prisoners should be checked by officers and as soon as possible measures can be taken. It is a need of time of taking some effective measures by administration to maintain the condition of prisons.