New Delhi: The Centre has finalised a comprehensive ‘Model Prisons Act, 2023’ to replace the pre-independence era ‘Prisons Act, 1894’ which mainly focused on keeping criminals in custody and enforcing discipline and order in prisons, union home ministry said on Friday.
The current ‘Prisons Act, 1894’ is almost 130 years old and mainly focuses on keeping criminals in custody and enforcing discipline and order in prisons, with no provision for reform and rehabilitation.
Under the new Act, prisons will be viewed as reformative and correctional institutions, with a focus on transforming and rehabilitating inmates back into society as law-abiding citizens.
Under the visionary leadership of Prime Minister Narendra Modi and the guidance of Union Home Minister Amit Shah, the MHA assigned the task of revising the outdated Prison Act to the Bureau of Police Research and Development. The Bureau, after holding wide-ranging discussions with state prison authorities and correctional experts, prepared a draft.
The Model Prisons Act, 2023 aims to address the gaps in the existing Prisons Act by providing guidance on the use of technology in prison management, making provisions for parole, furlough, and remission to prisoners to encourage good conduct, special provisions for women and transgender inmates, and a focus on the reformation and rehabilitation of inmates.
Some salient features of the new Model Prisons Act include a provision for security assessment and segregation of prisoners, individual sentence planning, grievance redressal, the establishment of a prison development board, and a focus on the physical and mental well-being of prisoners.
The Act also includes provisions for the use of technology in prison administration, such as video conferencing with courts and scientific and technological interventions in prisons. It also includes provisions for the punishment of prisoners and jail staff for using prohibited items like mobile phones in jails.
Additionally, the Act provides for the establishment and management of high-security jails, open jails (open and semi-open), and the protection of society from the criminal activities of hardened criminals and habitual offenders.
The Act also provides for legal aid to prisoners and provisions for parole, furlough, and premature release to incentivise good conduct. The Act focuses on vocational training and skill development of prisoners to facilitate their reintegration into society.
State governments and Union Territory Administrations can benefit from the Model Prisons Act, 2023 by adopting it in their jurisdictions with such modifications as they may consider necessary, and repeal the existing three Acts in their jurisdictions.
The decision of the Modi government to bring reforms in every sector will result in bringing more transparency and improvement in prison management and prisoners’ administration across the country.
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