The Union government recently announced it has prepared a Model Prisons Act to replace the current 130-year-old law in an attempt to shift the focus of incarceration from retributive deterrence to reform and rehabilitation. 

Key points:

Ø  The Union Government is set to replace the old pre-independence law. The existing law does not contain the provision for reform and rehabilitation of prisoners and focuses mainly on keeping criminals in custody and enforcement of discipline and order in prisons.

Ø  It was set up by the British to subjugate political prisoners.

Ø  The Home Ministry said the Model Prisons Act, 2023 may serve as a guiding document for states for adoption in their jurisdiction.

Ø  In India, prison is a state subject. 

Provisions of the Model Prisons Act:

What the new act attempts to change?

Ø  Creating provisions for grant of parole, furlough and remission to prisoners to encourage good conduct

Ø  Providing special provisions to women and transgender inmates

Ø  Ensuring physical and mental well-being of prisoners; and

Ø  Focusing on the reformation and rehabilitation of inmates.

Ø  What are the provisions of the Act?

Ø  Security assessment and segregation of prisoners

Ø  Individual sentence planning; grievance redressal

Ø  Prison development board; use of technology in prison administration

Ø  Protecting society from criminal activities of hardened criminals and habitual offenders.

 Why is the need for Prison Reforms?

The Supreme Court, in Ramamurthy v. State of Karnataka has identified various problems which need immediate attention for implementing prison reforms.

Rampant Overcrowding: “Prison Statistics India”, brought out by National Crime Records Bureau stated that in 2015, there were nearly 4.2 lakh inmates in 1,401 facilities against the sanctioned strength of 3.83 lakh, with an average occupancy rate of 114% in most.

Due to overcrowding the segregation of serious criminals and minor offenders has turned out to be difficult, which can, in turn, cause bad influence over minor offenders.

Overcrowding results in restlessness, tension, inefficiency and general breakdown in the normal administration.

Delay in Trials: In 2016, 67% of the people in Indian jails are under trials which is extremely high by international standards like it is 11% in UK, 20% in US and 29% in France.

Torture and ill -treatment: The prisoners including the undertrials are forced to do severe labour without any remuneration and treated with utmost torture. There has been a continuous rise in the custodial deaths due to torture and ill-treatment. Women prisoners are more vulnerable to abuse.

Severe staff crunch: 33% of the aggregate prerequisite of jail authorities still lies vacant, whereas, the ratio between the prison staff and the prison population in India is approximately 1:7.

Inadequate prison infrastructure: Most Indian prisons were built in the colonial era, are in constant need of repair and part of them are uninhabitable for long periods.

Neglect of Health, Hygiene, food etc: The prisoners in India suffer from severe unhygienic conditions, lack of proper medical facilities and consistent risk of torment and misuse. The kitchens are congested and unhygienic and the diet has remained unchanged for years now.

Issue of women prisoners: Though not exclusively looking after female prisoners, there are just 9.6 % women across all levels of the prison administration in comparison to the 33 per cent suggested in policy documents.

Deficiency in Communication: The prisoners are left to live in isolation without any contact with the outside world, their family members and relatives. 

Important Reform Measures taken so far in India 

Ø  The modern prison system was conceptualized by TB Macaulay in 1835.

Ø  Prison Discipline Committee, 1836, recommended increased rigorousness of treatment while rejecting all humanitarian needs and reforms for the prisoners.

Ø  Prison Act, 1894, enacted to bring uniformity in the working of the prisoners in India. The Act provided for classification of prisoners.

Ø  All India Jails Manual Committee 1957-59 to prepare a model prison manual.

Ø  The committee was asked to examine the problems of prison administration and to make suggestions for improvements.

Ø  All India Committee on Jail Reforms 1980-83 under Justice A N Mulla, suggested setting up of a National Prison Commission as a continuing body to bring about modernization of prisons in India. o Also, After-care, rehabilitation and probation as an integral part of prison service.

Ø  In 1987, the GoI appointed the Justice Krishna Iyer Committee to undertake a study on the situation of women prisoners in India. o It has recommended induction of more women in the police force in view of their special role in tackling women and child offenders.

Ø  Reform measures suggested by Various Committees, Law Commissions and the Judiciary

All India Prison Service: The All India Committee on Jail Reforms (1980– 1983), under Justice A N Mulla recommended to develop an All India Prison Service as a professional career service with appropriate job requirements, sound training and proper promotional avenues.

Adherence of Model Prison Manual 2016 by all the States and UTs.

Uniformity of standards: Central Government along with NGO’s and prison administration should take adequate steps for effective centralization of prisons and a uniform jail manual should be drafted throughout the country.

Training & correctional activities: Training to staff in using the latest technology, vocational training courses in cloth making, electrification etc for the inmates, facilities for recreational activities such as games and competitions for inmates and staff etc.

Infrastructure: Technological up-gradations such as biometric identification facilities, prisoner information system, provision of CCTVs, video conferencing facilities, etc are needed.

Up-gradation of hospital infrastructure such as beds, equipment, testing facilities, vehicle during medical emergency, facilities for pregnant women etc are needed.

Staff: All vacant staff positions should need to be reassessed. Recruitment of additional staff including medical, guarding, correctional staff, clerical, etc

Fund flow: Mechanism to monitor fund flow from the State treasury department to the implementing agency.

Strengthening the open prison system, which has come as a very modern and effective alternative to the system of closed imprisonment.

Strengthening PLVs: In 2009, National Legal Services Authority (NALSA) brought out a scheme called the Para-Legal Volunteers Scheme which aimed at imparting legal training to volunteers to act as intermediaries between the common people and the Legal Services Institutions to remove impediments in access to justice ensure legal aid reaching all sections of people.

Increase the availability of justice services––and infrastructure in courts, police stations, legal aid clinics—in rural areas so as to reduce the present disparity in accessing justice that exists between rural and urban populations.

Within a year, a second drug has been found effective in checking cognitive decline in people with early Alzheimer’s.

Ø  Donanemab, developed by the U.S. based pharmaceutical giant Eli Lilly, has been found to slowdown cognitive decline by 35% when compared with a placebo in phase III trial.

Ø  This is the second drug, within a span of one year, that has been found to be effective in checking cognitive decline in people with Alzheimer’s disease.

Ø  It is important to note that the two drugs don’t stop or reverse Alzheimer’s. However, their results have still excited neurologists, because over the years, despite heavy investments, trial after trial for Alzheimer’s medications have failed.

About Alzheimer’s Disease -

Ø  Alzheimer's disease is the most common type of dementia.

Ø  Dementia is a general term for loss of memory, language, problem-solving and other thinking abilities that are severe enough to interfere with daily life.

Ø  Alzheimer's is the most common cause of dementia.

Ø  It is a progressive disease beginning with mild memory loss and possibly leading to loss of the

Ø  ability to carry on a conversation and respond to the environment.

Ø  Alzheimer's disease involves parts of the brain that control thought, memory, and language.

Ø  It can seriously affect a person's ability to carry out daily activities.

Prevalence of Alzheimer’s Disease -

Ø  Currently more than 55 million people have dementia worldwide, over 60% of whom live in low-and middle-income countries.

Ø  Every year, there are nearly 10 million new cases.

Ø  Younger people may get Alzheimer's disease, but it is less common.

Ø  The number of people living with the disease doubles every 5 years beyond age 65.

Ø  Symptoms of the disease can first appear after age 60, and the risk increases with age.

Prevalence of Dementia in India —

Ø  The estimated dementia prevalence for adults ages 60+ in India is 7.4%.

Ø  About 8 million Indians older than 60 years live with dementia.

Ø  Dementia is more prevalent among females than males and in rural than urban areas.

What is known about Alzheimer’s Disease?

Ø  Scientists do not yet fully understand what causes Alzheimer’s disease.

Ø  There likely is not a single cause but rather several factors that can affect each person differently.

Ø  Age is the best known risk factor for Alzheimer's disease.

Treatment of Alzheimer’s Disease -

Ø  There is currently no known cure for Alzheimer’s disease.

Ø  Treatment addresses several areas –

Ø  Helping people maintain brain health.

Ø  Managing behavioural symptoms.

Ø  Slowing or delaying symptoms of the disease.

Ø  Doctors prescribe a healthy diet, exercising regularly, sleeping well, and reducing the risk of diabetes and heart disease.

Ø  Other than that, doctors suggest that people, especially the elderly and those with family history, should keep their brains active and engaged.

Ø  Solving puzzles, learning new languages or new skills, and going out and making friends can all help.

The G20 under India’s Presidency has endorsed a new working group on disaster risk reduction.

This makes it well-positioned to prioritise disaster risk financing to achieve the targets set by the Sendai Framework for 2030.

Recent reports on Disaster -

Centre for Science and Environment (CSE) Report 2022 —

Ø  India has witnessed a climate change-induced natural disaster almost every day in 2022.

Ø  Some examples are Floods in Uttar Pradesh and Amarnath, Manipur Landslides, Cyclone Asani, Uttarkhanad Avalanche, etc.

Ø  As a result, 2,755 lives were lost, almost 1.8 million hectare of crop area was affected, 416,667 houses were destroyed and killed close to 70,000 livestock.

Ø  The Intergovernmental Panel on Climate Change (IPCC)’s Sixth Assessment Report: It highlights that a significant number of people live in areas that are highly vulnerable to climate change, especially South Asia.

Ø The 2021-22 Human Development Report: The report shows that disasters not only worsen poverty and thwart development, but also generate social polarisation across nations and communities.

What steps should the countries consider to improve Disaster Management?

Ø  States need to enhance their capacity to understand risks and integrate them into government planning and budget processes.

Ø  The insurance industry needs better regulation, legislation, and supervision.

Ø  Partnerships with the private sector need to be enabled to transfer sovereign risk to the capital markets, and the financing for response, recovery.

Ø  Reconstruction needs to be improved by using preventive measures.

Challenges to Disaster Management -

Ø  The lack of competent financial risk management and insurance has provided a fertile breeding ground for these risks to proliferate and intensify.

Ø  Significant difficulty in collecting and analysing data on hazards and exposures.

Ø  The necessity of strengthening technical and institutional capacity for risk assessment and modelling.

Ø  Achieving comprehensive coverage of disaster risks.

Ø  There is also a scarcity of investment in a development-oriented approach that unites all parties into a transparent framework of action at the national level.

Ø  How can G20 under Indian Presidency overcome these challenges?

Ø  India has extensive experience dealing with natural disasters and can lead in promoting awareness of the financial impacts of disasters.

Ø  It can also lead the way in establishing a regulatory framework to enhance the financial capacity of insurance companies to cover disaster losses.

Ø  By emphasising the importance of disaster risk financing, the G20 can help governments worldwide to manage risk more effectively and ensure sustainable development.

Ø  The G20’s new Disaster Risk Reduction Working Group (DRRWG) has recognised the importance of prioritising disaster risk financing.

Disaster Risk Reduction Working Group (DRRWG)’ objectives -

Ø  The DRRWG will strive to address all the key components of a comprehensive financial management strategy for disaster risks. This will be the focus of their second meeting in Mumbai in the last week of May.

Ø  The DRRWG will offer an extensive overview of disaster risk assessment and financing practices across a wide range of economies.

Ø  It can also support the harmonisation of definitions and methodologies for data collection and analysis to improve access to international (re)insurance markets.

Ø  DRRWG will offer affordable and comprehensive insurance coverage of disaster risks, financial assistance and compensation for affected individuals and businesses, and risk transfer mechanisms, including catastrophe bonds and insurance, for management of fiscal risks.

Ø  It will help issuers, investors, and other stakeholders to identify and classify disaster-resilient investments, assets, and entities in a more effective and evidence-based manner.

Ø  The DRRWG could channel more capital towards disaster risk reduction investments, while also creating new opportunities for innovation in sectors less commonly associated with disaster resilience, such as health, social protection, and natural capital.

Other important initiatives -

Sendai Framework 2015 —

Ø  The Sendai Framework works hand in hand with the other 2030 Agenda agreements, including The Paris Agreement on Climate Change, The Addis Ababa Action Agenda on Financing for Development, the New Urban Agenda, and ultimately the SDGs.

Ø  It was endorsed by the UN General Assembly following the 2015 Third UN World Conference on Disaster Risk Reduction (WCDRR).

Ø  It advocates for the substantial reduction of disaster risk and losses in lives, livelihoods, and health and in the economic, physical, social, cultural and environmental assets of persons, businesses, communities and countries.

Ø  State has the primary role to reduce disaster risk but that responsibility should be shared with other stakeholders including local government, the private sector, and other stakeholders.

The Coalition for Disaster Resilient Infrastructure (CDRI) 2016 —

Ø  CDRI was launched by the Indian Prime Minister at the 2019 UN Climate Action Summit in September 2019.

Ø  It is an international coalition of countries, UN agencies, multilateral development banks, the private sector, and academic institutions, that aims to promote disaster-resilient infrastructure.

Ø  CDRI's initial focus is on developing disaster-resilience in ecological, social, and economic infrastructure.

Ø  Its objective is to promote research and knowledge sharing in the fields of infrastructure risk management, standards, financing, and recovery mechanisms.

Ø  It aims to achieve substantial changes in member countries' policy frameworks and future infrastructure investments, along with a major decrease in the economic losses suffered due to disasters.

Global Platform for Disaster Risk Reduction, 2022 (GP DRR 2022) —

Ø  Its theme was “From Risk to Resilience: Towards Sustainable Development for All in a Covid 19 Transformed World.” The outcome was summarised in the Bali Agenda for Resilience focusing on:

Ø  The need for a whole-of-society approach and human rights-based approach in DRR planning and implementation, which is crucial as people are affected differently by disasters.

Way forward -

Ø  The industry must incorporate material disaster risk into its investment decisions.

Ø  There is a need to move beyond treating disasters as singular events and adopt a multihazard approach, considering various emergencies and risks in financial decision-making.

Conclusion -

In recent times, Bye-elections took place for a Lok Sabha constituency in Punjab and four Assembly seats in Uttar Pradesh, Meghalaya, and Odisha.

About bye-elections

Ø  Bypolls, also called bye-elections or special elections, are conducted to fill vacant seats in legislative bodies.

Ø  Bypolls are important in the electoral cycle to address unforeseen vacancies.

Ø  The primary purpose of bypolls is to ensure timely representation of the affected constituency or district in the legislative body.

Ø  Bypolls are held when a seat in the legislature becomes vacant due to death, resignation, disqualification, or expulsion of a sitting member.

Ø  Section 151A of the Representation of the People Act, 1951 mandates the Election Commission to fill the casual vacancies in the Houses of Parliament and State Legislatures through by-elections within six months from the date of occurrence of the vacancy, provided that the remainder of the term of a member in relation to a vacancy is one year or more.

Ø  No need to hold bypolls if the remaining term of the Lok Sabha is less than one year from the date of occurrence of vacancies.

Impact:

Bypolls serve as a significant indicator of the popularity and strength of political parties.

Political parties can use bypolls to measure public sentiment and assess their support base.

The outcomes of by-elections can have an impact on the ruling government’s majority.

If the ruling party loses a substantial number of bypoll seats, it may lead to a loss of the government’s stability and decision-making.

Bypolls offer a platform for political parties to experiment with their electoral strategies and refine their campaign approaches.

Parties can test various aspects such as candidate selection, campaign themes, and messaging during by-polls that can influence their strategies in subsequent elections.