PRISON REFORMS IN INDIA
The concept of modern prison in India originated with the Minute by TB Macaulay in 1835. A Prison
Discipline Committee was appointed which submitted its report on 1838. The committee
recommended increased rigorousness of treatment while rejecting all humanitarian needs and
reform of prisoners. Following the recommendations of the Committee, Central Prisons were
constructed from 1846. The contemporary Prison administration in India is thus a legacy of British
rule. It is based on the notion that the best criminal code can be of little use to a community unless
there is good machinery for the infliction of punishment. In 1864, the Second Commission of Inquiry
into Jail Management and Discipline made similar recommendations as the 1838 Committee. In
addition, this Commission made some specific suggestions regarding accommodation for prisoners,
improvement in diet, clothing, bedding and medical care. In 1888, the Fourth Jail Commission was
appointed. On the basis of its recommendations, a consolidated prison bill was formulated.
Provisions regarding jail offences and punishment were specially examined by a committee of
experts on Jail Management. In 1894, the draft bill became law with the assent of the Viceroy. It is
this Act which forms the basis for the present day jail management and administration in India. This
Act has hardly undergone any substantial changes since its inception. However, the process of
review of prison problems in India continued. In the report of the Indian Jail Committee 1919-20, for
the first time in the history of prisons, 'reformation and rehabilitation' of offenders were identified
as the objectives of prison.
The Government of India Act 1935 resulted in the transfer of the subject of jails from the Central List
to the control of Provincial Governments and henceforth reduced the possibility of uniform
implementation of a prison policy at the national level. Thus, State Governments have their own
rules and regulations for the day to day administration of prisons, maintenance of prisoners, and
prescribing procedures.
THE PAKWASA COMMITTEE
After independence, various Committees were appointed to improve the condition of prisons in
India. The Pakwasa Committee in 1949 suggested the system of utilizing prisoners as labour for road
work without any intensive supervision over them. It was from this time onwards that a system of
wages for prisoners for their labour was introduced. Subsequently, certain liberal provisions were
also introduced in jails manuals by which well-behaved inmates were rewarded with remission in
their sentence.
In 1951, the Government of India invited the United Nations expert on correctional work, Dr. W.C.
Reckless, to undertake a study on prison administration and to suggest policy reforms. His report
titled 'Jail Administration in India' made a plea for transforming jails into reformation centers. He
also recommended the revision of outdated jail manuals. In 1952, the Eighth Conference of the
Inspectors General of Prisons also supported the recommendations of Dr. Reckless regarding prison
reform. Accordingly, the Government of India appointed the All India Jail Manual Committee in 1957
to prepare a model prison manual. The committee submitted its report in 1960.
MODEL PRISON MANUAL
