There were several loopholes in the existing Prison Act: MHA

NEW-DELHI: The Ministry of Home Affairs has prepared a comprehensive 'Model Jail Act-2023' by making changes in the 130-year-old Jail Act. The relevant sections of the old prison laws have also been included in the new prison act. It will be helpful to serve as a guiding document for the states and their legal jurisdiction. The decision was taken under the leadership of Prime Minister Narendra Modi and Union Home Minister Amit Shah.

The Jail Act-1894 was a pre-independence act. Its main purpose was to keep criminals in custody and to maintain discipline and order in the jail. There is no provision for reformation and rehabilitation of prisoners in the present Act. The Home Ministry said in a statement that today prisons are no longer seen as retribution deterrents, but as sanatoriums and reformatory institutions, where prisoners are rehabilitated to return to society as law-abiding citizens. 

The Ministry of Home Affairs felt that there were several loopholes in the existing Prison Act. There is a need to amend the existing Act to meet the present day needs and requirements of prison management. Keeping in view, the need of the present times and with a reformist approach, the Ministry of Home Affairs has entrusted the task of amending the Prisons Act-1984 to the Bureau of Police Research and Development.

It is worth mentioning here that the bureau, after holding talks with state prison officials (home minister) and correctional experts, has come up with a plan including prison management, parole, furlough, use of technology to encourage good behavior of prisoners, making special arrangements for women and transgender prisoners. 

The Ministry of Home Affairs has also reviewed the 'Prisons Act-1894', 'Prisoners Act-1900' and 'Transfer of Prisoners Act-1950'. The relevant sections of these Acts have been included in the 'Model Jail Act-2023'.