Lok Sabha Question No. 3007 (UNSTARRED), answered on 2023-08-08
Subject: Model Prisons Act, 2023
Ministry: HOME AFFAIRS
Asked by: Ritesh Pandey

GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

LOK SABHA UNSTARRED QUESTION NO. 3007

TO BE ANSWERED ON THE 8 TH  AUGUST, 2023/ SRAVANA 17, 1945 (SAKA)

MODEL PRISONS ACT, 2023

3007. SHRI RITESH PANDEY:

Will the Minister of HOME AFFAIRS be pleased to state:

(a)  the  extent  to  which  the  Model  Prisons  Act,  2023  address  the  lack  of provisions  for  reform,  rehabilitation  and  integration  of  prisoners  into society, which is a major drawback of the current law;

(b)  the  extent  to  which  the  adoption  of  the  Model  Prisons  Act,  2023  by State Governments and Union Territory Administrations contribute to the improvement of prison management and prisoners' administration;

(c) whether any measures are included in the Model Prisons Act, 2023 to ensure security assessment and segregation of prisoners and the extent to which it is likely to impact the overall functioning of prisons;

(d)  the details of provisions in the Model Prisons Act, 2023 regarding the establishment and management of high-security jails and open jails; and

(e) the provisions are in place in the Model Prisons Act, 2023 to protect the rights  and  accommodation  needs  of  women  prisoners  and  transgender individuals?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI AJAY KUMAR MISHRA)

(a) & (b): 'Prisons'/ 'persons detained therein' is a 'State List' subject under  Entry  4  of  List  II  of  the  Seventh  Schedule  to  the  Constitution  of

India.  However, considering its importance, the  Ministry of Home Affairs

has been providing necessary support and guidance to the States/Union Territories (UTs) for efficient management of prisons in their jurisdictions.

The Ministry of Home Affairs, through the Bureau of Police Research and  Development,  in  consultation  with  various  stakeholders,  including State  Prison  authorities,  correctional  administration  experts,  etc.,  had prepared  a  'Model  Prisons  and  Correctional  Services  Act,  2023'  and forwarded it  to all States and UTs on 10 th  May, 2023, for adoption in their respective  jurisdictions.  The  Model  Act  is  a  comprehensive  document which  covers  all  relevant  aspects  of  prison  management,  viz.  security, safety, scientific & technological interventions, segregation of prisoners, special  provision  for  women  inmates,  taking  appropriate  action  against criminal activities of prisoners in the prison, grant of parole and furlough to  prisoners,  their  education,  vocational  training  and  skill  development, etc.

The Model Act has appropriate provisions for reformation, rehabilitation  and  integration  of  prisoners  in  the  society.  It  also  has provision for 'Welfare Programs for Prisoners' and 'After-Care and Rehabilitation Services', as an integral part of institutional care.

(c): The Model Act provides for classification and security assessment of prisoners and for lodging them in separate barracks/enclosures/cells in accordance with the assessment.

(d): The  Model  Act  provides  that  wherever  there  is  no  provision  for  a stand-alone High Security Prison, high  risk offenders, hardened criminal and  habitual  offenders  should  be  segregated  and  lodged  in  separate barracks  or  cells  of  the  prison  away  from  other  prisoners  in  safe  and secure  custody.  The  Model  Act  also  provides  that  the appropriate Government  may  establish  and  maintain  as  many  open  and  semi-open correctional institutions for prisoners, as may be required.

(e): The  Model  Act  provides  that  the  appropriate  Government  may establish such number of exclusive prisons for women prisoners as it may consider  necessary.  It  also  provides  for  making  available  facilities  to meet any  specific needs of women inmates. The Act also provides that separate enclosures/wards for transgender prisoners may be provided and access  to  any  specific  health-care  or  psychosocial  needs  may  also  be provided.

'Prison'  being  a  'State'  subject,  it  is  for  the  respective  State Governments to make use of the guidance provided in the Model Prisons and Correctional Services Act, 2023 and enact a suitable legislation  on Prisons in their jurisdictions for bringing improvement in prison management and administration of prisoners.

*****