The
Indian prison system is characterized by the authoritarian, routinized and
formalized pattern of administration and negative attitudes of authorities.
There is a lack of the enthusiasm and imagination. The Government also sees it
just as one of the welfare measure which should continue in its regular course.
The Prisons Act, 1894 requires remodelling.
The Indian prison administration has
lagged behind on the reformative side of the prison work, and focussed mainly
on the deterrence. Further, economic conditions in the country do not permit to
evolve better modes of prison management. Some of the problems faced by the
Indian prisons are as follows:-
1. Problem of prison discipline:-The life
inside prison necessarily pre- supposes certain restrictions on the liberty of
inmates against their free will. This consciousness of subjection to compulsive
forces of the State through the agency of prison often leads to scuffle or
conflicts between prison officials and the inmates.
The general causes of prison-riots and disturbances
are political instigations, monotonous routine of prison life, crude
disciplinary measures, differences with the prison staff, etc.
2. Problem of criminality in prisons:-Being
unable to control their sex desire, the prisoners quite often resort to
unnatural offences such as homosexuality and sodomy, etc. Therefore such
offences and personal assaults are common inside prison walls. Another cause of
criminality among prison inmates is their frequent quarrelling inside the
institution. Every inmate tries to establish his superiority over his fellow
prisoners. Group rivalry resulting into clashes between the inmates is a common
feature.
3. Problems of women prisoners:-The female
vulnerability to sexual exploitation is enhanced in the male dominated prison
set up. In general, a female prisoner is in greater need of privacy, seclusion,
medical and psychiatric care; facilities which are generally inadequate for all
prisoners, male or female. .
4. Problem of health hazards:-Overcrowding,
bad ventilation, bad drainage, insufficiency of clothing, sleeping on the
ground, deficiency of personal cleanliness, insufficient medical inspection,
etc., are the various factors which have a damaging effect on the health of the
prisoners.
5. Violation of prisoner's rights:-A
prisoner has certain personal (e.g. meetings with family members and friends),
legal and constitutional (e.g. access to court and legal facilities, right to
speech and expression), political (relating to elections-right to vote) and
religious rights. These rights are often denied to them by the prison
administration.
Because of the above-mentioned problems, the
rehabilitation in Indian prisons is 'said to be a "sick joke".
Courtesy:-
Legal Point Foundation
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