Union Home Minister approves New Prison Manual 2016

The Union Home Minister Shri Rajnath Singh has approved the new Model Prison Manual consisting of 32 chapters which aims at bringing in basic uniformity in laws, rules and regulations governing the administration of prisons and the management of prisoners all over the country.The key revisions in the new Manual include the following -(i) Access to free legal servicesA new chapter on legal aid (Chapter XVI) has been incorporated in the Model Manual. Article 39A of the Constitution calls for free legal aid to the poor and weaker sections of society and seeks to ensure justice for all. The additions include:§ Appointment of jail visiting advocates;§ Setting up of a legal aid clinic in every prison;§ Legal literacy classes in prisons;§ Constitution of under-trial review committee and provisions to ensure legal services for under-trial prisoners who have undergone half of the maximum sentence for that offence.(ii) Additional provisions for women prisoners Safety and reformation of women prisoners are of utmost importance in prison administration. Health of women prisoners has also been recognised as a focus area warranting special attention. With this in mind, the following have been provided in the revision:§ Comprehensive health screening for women prisoners, including tests to determine presence of sexually transmitted or blood-borne diseases, mental health concerns, existence of drug dependency, etc. This is drawn from the United Nations Rules for the Treatment of Female Prisoners and Non-Custodial Measures for Women Offenders adopted by the UN General Assembly (UN Bangkok Rules);§ Sensitising the staff and imparting training relating to gender issues and sexual violence;§ Educating women about preventive health-care measures;§ Enabling proper counselling and treatment for those suffering from psychological disorders;§ Focussed after-care and rehabilitation measures to ease women’s re-integration into society;§ Restrictions on certain kinds of punishments being awarded to women, for instance, punishment by close confinement should not be awarded to pregnant women, women with infants, etc.;§ Counselling programmes focussed on women, especially those who have been victims of abuse and focus on removing any further damage that imprisonment may have on a female inmate.(iii) Rights of prisoners sentenced to death The Supreme Court, in Shatrughan Chauhan v. Union of India and Others observed that “… the legal procedure adopted to deprive a person of his life or liberty must be fair, just and reasonable and the protection of Article 21 of the Constitution of India inheres in every person, even death-row prisoners, till the very last breath of their lives.” To this end, the Court laid down certain guidelines in respect of prisoners sentenced to death which have been echoed in the Manual recognising the necessity of ensuring the human rights of such prisoners. These have been incorporated in new Chapter XII (Chapter XI of the 2003 Manual) and broadly include:§ Provision of legal aid to prisoners sentenced to death at all stages, even after rejection of mercy petitions;§ Regular mental health evaluation for death row prisoners;§ Physical and mental health reports to certify that the prisoner is in a fit physical and mental condition;§ Procedure and channels through which mercy petitions are to be submitted;§ Communication of rejection of mercy petitions;§ Furnishing necessary documents, such as court papers, judgments, etc. to the prisoners;§ Facilitating and allowing a final meeting between a prisoner and his family.(iv) Modernisation & Prison computerisation Additions have been made to the Manual to encourage use of technology/ software systems where possible, including introduction of a Personal Information System for recording information relating to inmates (incorporated in Chapter V – Custodial Management). Also, any register required to be maintained by the prison authorities has also to be in an electronic form. In line with the Supreme Court’s directions in D.K. Basu v. State of West Bengal and Ors provisions have been included (in Chapter II – Institutional Framework) for installation of CCTV cameras in work sheds, kitchens, high security enclosures, main gate, etc. of prisons to prevent violation of human rights.(v) Focus on after-care services The Manual recognises that it is the States’ responsibility to devise and develop mechanisms for rehabilitation of released convicts (in Chapter XXII – After-Care and Rehabilitation). It is envisaged that special committees known as Discharged Prisoners’ After-Care and Rehabilitation Committees should be set up at the district or State level for planning and devising appropriate mechanisms for rehabilitation and after-care assistance to prisoners.(vi) Provisions for children of women prisoners In R.D. Upadhyaya v. State of A.P. and Others the Supreme Court issued guidelines in respect of children of women prisoners. While acknowledging some positive steps taken in...

Union Home Minister approves New Prison Manual 2016

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