https://x.com/sekarr.eporter1/status/1757956572201025982?t=hP3JIybbpIKokqoXiTePFA&s=08[15/02, 08:06] sekarreporter1:
Hasan Mohammed Jinnah
Updated on:
15 Feb 2024, 12:56 a
For a society built upon the principles of justice and human rights, the treatment of prisoners becomes a critical measure of its commitment to these values. Like other human beings, prisoners are also entitled to rights, but their rights are frequently infringed upon.
Hasan Mohammed Jinnah
Updated on:
15 Feb 2024, 12:56 a
For a society built upon the principles of justice and human rights, the treatment of prisoners becomes a critical measure of its commitment to these values. Like other human beings, prisoners are also entitled to rights, but their rights are frequently infringed upon.
[15/02, 08:04]
[15/02, 08:04] sekarreporter1: https://x.com/sekarreporter1/status/1757956572201025982?t=hP3JIybbpIKokqoXiTePFA&s=08
[15/02, 08:06] sekarreporter1: courtesy Indian express chennai
Opinions
Solutions for a progressive prison system in India
Kerala, Tamil Nadu, Odisha, and Chhattisgarh have shown a comparatively greater investment in prisoners’ welfare.
Image used for representational purposes only.
Image used for representational purposes only.
Hasan Mohammed Jinnah
Updated on:
15 Feb 2024, 12:56 a
For a society built upon the principles of justice and human rights, the treatment of prisoners becomes a critical measure of its commitment to these values. Like other human beings, prisoners are also entitled to rights, but their rights are frequently infringed upon.
A recent Supreme Court intervention addresses the substandard treatment of prisoners, emphasising their entitlement to the fundamental rights despite incarceration. Prisoners, recognised as humans with constitutional rights, retain these entitlements even during confinement, as established in State of Andhra Pradesh vs Challa Ramkrishna Reddy. The Supreme Court has underscored that the prisoners, whether convicts, undertrials, or detainees, maintain their humanity and constitutional rights, including the right to life, throughout their incarceration. The prison system in India faces multiple hindrances in ensuring these rights are not infringed upon.
Overcrowding
Prison congestion, notably among undertrials, is a significant issue in India. Data from 2021 shows a 9.5 percent drop in the number of convicts housed in prisons, but a substantial 45.8 percent rise in the number of undertrials from 2016 to 2021. This is a cause for concern. President Draupadi Murmu stressed during her National Law Day address that building more prisons isn’t a sustainable solution.The Chief Justice of India also proposed a one-time prisoner release for decongestion and urged collaborative efforts between the judiciary, government, and law enforcement agencies to reduce court backlogs and adjournment practices.
While fast-track courts aim to expedite proceedings, addressing the prevalent adjournment culture is vital for enhancing efficiency of the criminal justice system. To address the issue of overcrowding among undertrials, another solution is the provision of anticipatory bail. While numerous states may not offer anticipatory bail to undertrials, Tamil Nadu stands as an exception, granting it based on sufficient reasons.
Shortage of prison staff
Another significant challenge is the shortage of prison staff. Despite a sanctioned staff strength of around 91,181, the current strength stands around 63,578. This shortfall complicates the task of effective management, often resulting in the neglect of crucial aspects like the mental health of prisoners and ensuring that they are housed under humane conditions. The deaths of 1,995 prisoners in judicial custody during 2022, with 159 attributed to unnatural causes, highlights the need to increase the manpower.
Recommendations of the Mulla Committee dating back to 1980, such as implementing alternative sentencing like community service and establishing a national prison policy, remain unfulfilled.
Budget utilisation
Prison authorities spend an average of Rs 10,474 per inmate annually, covering food, clothing, medical expenses, education and welfare. Despite a budget of Rs 6,818 crore, only Rs 5,958 crore was spent in 2019-20 on prison services, leading to shortages of medical staff, particularly mental health professionals. This underuse underscores the pressing need for reforms.
Kerala, Tamil Nadu, Odisha, and Chhattisgarh have shown a comparatively greater investment in prisoners’ welfare. This commitment has led to the vocational training of inmates, resulting in the production of goods to be sold in the market. Tamil Nadu has reported the highest sales of goods made by inmates.
Parole and furlough
Furlough for prisoners aims to strengthen family bonds and mitigate the negative impacts of long-term incarceration. Despite the absence of specific provisions in the Prisons Act of 1894, Section 59 of the Act empowers states to formulate rules for parole and rewards for good behaviour. However, superintendents often fail to grant emergency leaves for significant life events. Some superintendents consider humanitarian grounds, but extraordinary situations are often overlooked. The case of Mehraj vs the State of Tamil Nadu deliberated on the provision of granting leave for emergencies and conjugal rights. The court directed the formation of a committee, which proposed an amendment to Section 15 of the Tamil Nadu Act 14 of 1982, recommending the temporary release of detenus. Judicial intervention has occasionally led to granting of emergency leaves, even on non-working days, based on humanitarian considerations.
Technological reforms
Artificial intelligence start-ups employ facial biometrics to conduct tests on Indian faces. The integration of this biometric identification system with criminal justice departments aims to enhance efficiency and coordination. The Supreme Court is setting up an integrated criminal justice system that will link the police, courts, and prisons on one platform to facilitate real-time information exchange, including FASTER (Fast and Secure Transmission of Electronic Records), a new electronic system to transfer e-authenticated copies of bail orders to prisons to enable immediate release of undertrials.
The Madras High Court has implemented an E-Bail Module to expedite the bail process from the application stage. The Indian government is also working to enhance the cohesion of the criminal justice system through the implementation of e-prison initiatives under the Model Prison Act of 2023.
Healthcare is another area where the use of technology along with some redesigning can significantly enhance the well-being of the incarcerated. Implementing video-based telehealth consultations can streamline healthcare services, cutting costs by eliminating the requirement of a large medical workforce while providing real-time diagnoses by trained professionals.
AI can be used to monitor inmates. For example, the Uttar Pradesh Police uses JARVIS (Joint AI Research for Video Instances and Streams), an AI-powered audio and video analytics platform, for monitoring inmates. Such AI systems employ facial recognition, behavioural analysis and movement tracking to detect anomalies among inmates and enhance safety.
AI-based video analysis also streamlines parole processes by analysing prisoner conduct, potentially reducing overcrowding by helping grant more paroles. Electronic ankle tags can further help monitor prisoner movements, ensuring they remain within the network. Such innovations improve safety, support proactive interventions, and offer solutions to prison overcrowding.
Prison systems should prioritise reform over punishment, recognise the humanity of inmates, and offer rehabilitation opportunities. Correctional facilities must ensure the growth and transformation of the prisoners so that they can reintegrate smoothly into the society once released.
Providing ample educational opportunities—as demonstrated by Tamil Nadu, where elementary and higher education is offered to a large number of inmates—is essential for preparing them for a successful reentry into society.
Hasan Mohammed Jinnah
: https://x.com/sekarreporter1/status/1757956572201025982?t=hP3JIybbpIKokqoXiTePFA&s=08
[15/02, 08:06] sekarreporter1:
Opinions
Solutions for a progressive prison system in India
Kerala, Tamil Nadu, Odisha, and Chhattisgarh have shown a comparatively greater investment in prisoners’ welfare.
Image used for representational purposes only.
Image used for representational purposes only.
Hasan Mohammed Jinnah
Updated on:
15 Feb 2024, 12:56 am
4 min read
For a society built upon the principles of justice and human rights, the treatment of prisoners becomes a critical measure of its commitment to these values. Like other human beings, prisoners are also entitled to rights, but their rights are frequently infringed upon.
A recent Supreme Court intervention addresses the substandard treatment of prisoners, emphasising their entitlement to the fundamental rights despite incarceration. Prisoners, recognised as humans with constitutional rights, retain these entitlements even during confinement, as established in State of Andhra Pradesh vs Challa Ramkrishna Reddy. The Supreme Court has underscored that the prisoners, whether convicts, undertrials, or detainees, maintain their humanity and constitutional rights, including the right to life, throughout their incarceration. The prison system in India faces multiple hindrances in ensuring these rights are not infringed upon.
Overcrowding
Prison congestion, notably among undertrials, is a significant issue in India. Data from 2021 shows a 9.5 percent drop in the number of convicts housed in prisons, but a substantial 45.8 percent rise in the number of undertrials from 2016 to 2021. This is a cause for concern. President Draupadi Murmu stressed during her National Law Day address that building more prisons isn’t a sustainable solution.The Chief Justice of India also proposed a one-time prisoner release for decongestion and urged collaborative efforts between the judiciary, government, and law enforcement agencies to reduce court backlogs and adjournment practices.
While fast-track courts aim to expedite proceedings, addressing the prevalent adjournment culture is vital for enhancing efficiency of the criminal justice system. To address the issue of overcrowding among undertrials, another solution is the provision of anticipatory bail. While numerous states may not offer anticipatory bail to undertrials, Tamil Nadu stands as an exception, granting it based on sufficient reasons.
Shortage of prison staff
Another significant challenge is the shortage of prison staff. Despite a sanctioned staff strength of around 91,181, the current strength stands around 63,578. This shortfall complicates the task of effective management, often resulting in the neglect of crucial aspects like the mental health of prisoners and ensuring that they are housed under humane conditions. The deaths of 1,995 prisoners in judicial custody during 2022, with 159 attributed to unnatural causes, highlights the need to increase the manpower.
Recommendations of the Mulla Committee dating back to 1980, such as implementing alternative sentencing like community service and establishing a national prison policy, remain unfulfilled.
Budget utilisation
Prison authorities spend an average of Rs 10,474 per inmate annually, covering food, clothing, medical expenses, education and welfare. Despite a budget of Rs 6,818 crore, only Rs 5,958 crore was spent in 2019-20 on prison services, leading to shortages of medical staff, particularly mental health professionals. This underuse underscores the pressing need for reforms.
Kerala, Tamil Nadu, Odisha, and Chhattisgarh have shown a comparatively greater investment in prisoners’ welfare. This commitment has led to the vocational training of inmates, resulting in the production of goods to be sold in the market. Tamil Nadu has reported the highest sales of goods made by inmates.
Parole and furlough
Furlough for prisoners aims to strengthen family bonds and mitigate the negative impacts of long-term incarceration. Despite the absence of specific provisions in the Prisons Act of 1894, Section 59 of the Act empowers states to formulate rules for parole and rewards for good behaviour. However, superintendents often fail to grant emergency leaves for significant life events. Some superintendents consider humanitarian grounds, but extraordinary situations are often overlooked. The case of Mehraj vs the State of Tamil Nadu deliberated on the provision of granting leave for emergencies and conjugal rights. The court directed the formation of a committee, which proposed an amendment to Section 15 of the Tamil Nadu Act 14 of 1982, recommending the temporary release of detenus. Judicial intervention has occasionally led to granting of emergency leaves, even on non-working days, based on humanitarian considerations.
Technological reforms
Artificial intelligence start-ups employ facial biometrics to conduct tests on Indian faces. The integration of this biometric identification system with criminal justice departments aims to enhance efficiency and coordination. The Supreme Court is setting up an integrated criminal justice system that will link the police, courts, and prisons on one platform to facilitate real-time information exchange, including FASTER (Fast and Secure Transmission of Electronic Records), a new electronic system to transfer e-authenticated copies of bail orders to prisons to enable immediate release of undertrials.
The Madras High Court has implemented an E-Bail Module to expedite the bail process from the application stage. The Indian government is also working to enhance the cohesion of the criminal justice system through the implementation of e-prison initiatives under the Model Prison Act of 2023.
Healthcare is another area where the use of technology along with some redesigning can significantly enhance the well-being of the incarcerated. Implementing video-based telehealth consultations can streamline healthcare services, cutting costs by eliminating the requirement of a large medical workforce while providing real-time diagnoses by trained professionals.
AI can be used to monitor inmates. For example, the Uttar Pradesh Police uses JARVIS (Joint AI Research for Video Instances and Streams), an AI-powered audio and video analytics platform, for monitoring inmates. Such AI systems employ facial recognition, behavioural analysis and movement tracking to detect anomalies among inmates and enhance safety.
AI-based video analysis also streamlines parole processes by analysing prisoner conduct, potentially reducing overcrowding by helping grant more paroles. Electronic ankle tags can further help monitor prisoner movements, ensuring they remain within the network. Such innovations improve safety, support proactive interventions, and offer solutions to prison overcrowding.
Prison systems should prioritise reform over punishment, recognise the humanity of inmates, and offer rehabilitation opportunities. Correctional facilities must ensure the growth and transformation of the prisoners so that they can reintegrate smoothly into the society once released.
Providing ample educational opportunities—as demonstrated by Tamil Nadu, where elementary and higher education is offered to a large number of inmates—is essential for preparing them for a successful reentry into society.
Hasan Mohammed Jinnah
