Bhopal (Madhya Pradesh): A revolutionary piece of legislation, aimed at a root-and-branch transformation of the prison system of the state, has been hanging fire for more than two years.
Madhya Pradesh Sudharatmak Sevayein Evam Bandigrah Adhiniyam, 2024, was passed by the Madhya Pradesh Assembly in July 2024 and received the Governor's consent on August 6, 2024.
The new Act seeks to change the very perspective on prisons and prisoners by treating prisons as reform centres.
However, the major reform is yet to come into force. That is because the rules under the Act are still in the works. They will have to be first cleared by the state department of prisons.
Then, the law department will vet them. Following it, they will be examined by the Senior Secretaries Committee. Next, they will be placed before Cabinet for its approval.
Once Cabinet's nod is received, the rules will be notified and published in the state gazette. That is when the Act will come into force. How long it will take to cross all these hurdles is anybody's guess.
Replaces three Acts
The new law seeks to replace three legislations - two of them dating back to colonial era. They include Prisons Act, 1894; Prisoners Act 1900 and Transfer of Prisoners Act, 1950.
Under it, jails will be known as Prisons and Correctional Institutions and the names of the headquarters and the department concerned will be changed accordingly.
It provides for use of modern technology in running the jails including court appearances through video-conferencing, e-meetings of prisoners with their family members, telemedicine, mobile deactivators and the like.
It has special provisions for transgender prisoners and lays emphasis on establishing more open jails.
The provision of furlough is proposed to be used as an incentive for the prisoners to maintain good conduct and discipline. Under the new Act, there is a provision to ensure that legal aid is extended to prisoners.
Key provisions
Constitution of Prisons Development Board.
Provision of after-care services for rehabilitation of released prisoners and their integration into society.
Special provisions for welfare of women prisoners and prisoners with mental issues.
Classification of prisoners on the basis of their length of imprisonment, nature of crime, gender and past criminal record.
Review committee for reviewing the cases of under-trial prisoners.
Creation of Prisoners Welfare Fund.
Foundation and mid-career training for prison personnel.
Institution of honours and awards for prison staff to incentivise good work.
Model Prison Manual
The Act is based on the Model Prison Manual 2016 introduced by the Ministry of Home Affairs. The manual moves the focus from purely punitive custody to the reformation, skill development, and social reintegration of inmates.
It aligns Indian prison management with United Nations standards including the Nelson Mandela Rules. Also, it provides detailed frameworks for ensuring prisoners have access to free legal services, medical care, mental health support and vocational training.
Quote
"We have drafted the rules and have forwarded them to the department of Prisons. Further action on them will be taken by the state government."
Varun Kapoor, DG, prisons and correctional services
