Dinesh Kamath's Editorial 'Prison reforms required in India' that was published in Newsband

Prison reforms required in India

The situation prevailing in India’s prisons is shocking. There is overcrowding and long spells of incarceration faced by inmates. Also there exists the vulnerability of inmates to authoritarian behaviour.

As per the March 2017 court order, an empowered committee was to be constituted to look into all aspects of the jails in the light of Supreme Court decisions, the Model Prison Manual of 2016 and relevant UN resolutions. In particular, the panel was to suggest measures to create modern jails and modernise amenities. The issues range from prisoners’ rights, health, hygiene and access to legal aid, to the condition of women inmates and their children. Prison reforms are not only about amenities and conditions; they must also address the prisoner’s right to life.

Prison reform is the attempt to improve conditions inside prisons, establish a more effective penal system, or implement alternatives to incarceration.

Prisons have only been used as the primary punishment for criminal acts in the last few centuries. Far more common earlier were various types of corporal punishment, public humiliation, penal bondage, and banishment for more severe offences, as well as capital punishment.

The prison reforms can be brought about in following way: (1) Retribution, vengeance and retaliation: This is founded on the "eye for an eye, tooth for a tooth" incarceration philosophy, which essentially states that if one person harms another, then an equivalent harm should be done to them. (2) Deterrence: The criminal is used as a "threat to themselves and others". By subjecting prisoners to harsh conditions, authorities hope to convince them to avoid future criminal behavior and to exemplify for others the rewards for avoiding such behavior; that is, the fear of punishment will win over whatever benefit or pleasure the illegal activity might bring. (3) Rehabilitation, reform and correction: ("Reform" here refers to reform of the individual, not the reform of the penal system.) The goal is to "repair" the deficiencies in the individual and return them as productive members of society. Education, work skills, deferred gratification, treating others with respect, and self-discipline are stressed. Younger criminals who have committed fewer and less severe crimes are most likely to be successfully reformed. "Reform schools" and "boot camps" are set up according to this model. (4) Removal from society: The goal here is simply to keep criminals away from potential victims, thus reducing the number of crimes they can commit. (5) Restitution or repayment: Prisoners are forced to repay their "debt" to society. Unpaid or low pay work is common in many prisons, often to the benefit of the community. In some countries prisons operate as labour camps. (6) Reduction in immediate costs: Government and prison officials also have the goal of minimizing short-term costs. In wealthy societies, this calls for keeping prisoners placated by providing them with things like television and conjugal visits. Inexpensive measures like these prevent prison assaults and riots which in turn allow the number of guards to be minimized. In poor societies, which lack the resources to imprison criminals for years, they frequently use execution in place of imprisonment, for severe crimes. Less severe crimes, such as theft, might be dealt with by less severe physical means.