Model Prison Manual6255310155

1 Model Prison MANUAL FOR THE SUPERINTENDENCE AND MANAGEMENT OF PRISONS IN india Prepared By Bureau of Police Research and Development Ministry of Home Affairs government of india New Delhi 2003 C O N T E N T S Pages INTRODUCTION i-viii PERSPECTIVE ix-xxii CHAPTER I DEFINITIONS 1-4 CHAPTER II INSTITUTIONAL FRAMEWORK 5-14 CHAPTER III HEADQUARTERS ORGANIZATION 14-18 CHAPTER IV INSTITUTIONAL PERSONNEL 19-33 CHAPTER V CUSTODIAL MANAGEMENT 34-51 CHAPTER VI MAINTENANCE OF PRISONERS 52-66 CHAPTER VII MEDICAL CARE 67-92 CHAPTER VIII CONTACTS WITH THE OUTSIDE WORLD 93-108 CHAPTER IX TRANSFER OF PRISONERS 109-120 CHAPTER X EXECUTION OF SENTENCES 121-132 CHAPTER XI PRISONER SENTENCED TO DEATH 133-144 CHAPTER XII EMERGENCIES 145-161 CHAPTER xiii EDUCATION OF PRISONERS 162-169 CHAPTER XIV VOCATIONAL TRAINING AND WORK PROGRAMMES.

2 170-180 CHAPTER XV WELFARE OF PRISONERS 181-186 CHAPTER XVI REMISSION 187-195 CHAPTER XVII LEAVE AND SPECIAL LEAVE 196-201 CHAPTER XVIII PREMATURE RELEASE 202-211 CHAPTER XIX Prison DISCIPLINE 212-219 CHAPTER XX AFTER-CARE AND REHABILITATION 220-225 CHAPTER XXI OPEN INSTITUTIONS 226-233 CHAPTER XXII UNDERTRIAL PRISONERS 234-247 CHAPTER XXIII HIGH SECURITY PRISONERS 248-253 CHAPTER XXIV WOMEN PRISONERS 254-274 CHAPTER XXV YOUNG OFFENDERS 275-285 CHAPTER XXVI BOARD OF VISITORS 286-291 CHAPTER XXVII STAFF DEVELOPMENT 292-312 CHAPTER XXVIII MISCELLANEOUS 313-318 A P P E N D I C E S appendix 1 HEALTH SCREENING OF PRISONERS ON ADMISSION appendix 2 SCALE OF DIET FOR A PRISONER PER DAY appendix 3 NOMINAL REGISTER OF HOSPITAL FOR OUT PATIENT appendix 4 REGISTER FOR IN-PATIENT appendix 5 ROLL OF SICK, DIET IN THE Prison HOSPITAL appendix 6 CASE SHEET OF PRISONER appendix 7 HOSPITAL CASE BOOK appendix 8 REMISSION SHEET appendix 9 EXECUTION REPORT INTRODUCTION Since Independence.

3 Prison administration in the country has been a matter of intense debate and criticism at various public fora. In the recent years, the Supreme Court of india has come down heavily on the sub-human conditions obtaining in prisons. In many States, the problems of dilapidated Prison structure, overcrowding and congestion, increasing proportion of undertrial prisoners, inadequacy of Prison staff, lack of proper care and treatment of prisoners, etc., have been engaging the attention of the press and social activists. With a growing advocacy for the protection of human rights in the various walks of lives, the plight of prisoners has emerged as a critical issue of public policy.

4 In response, Prison reforms are being addressed holistically. The government of india has been providing all possible financial and technical assistance to State Governments to modernize prisons as also to achieve more efficaciously the over all objective of prisons in terms of the reformation and rehabilitation of offenders. With the transfer of the work relating to prisons by the Ministry of Home Affairs vide their No. VII. 11018/14/92-GPA. IV dated November 16, 1995, the Bureau of Police Research and Development has been seriously concerned about the modernization of the Prison system in the country in the light of the directives issued by the Supreme Court in a number of judgments pronounced from time to time.

5 More recently, the apex Court in Ramamurthy Vs. State of Karnataka (1996) brought to the fore an urgent need for bringing uniformity in laws relating to the prisons and has directed the Central and State Governments to formulate a new Model Prison Manual. Earlier, the All india Committee on Jail Reforms (1980-83) had also emphasized the need for a consolidated law on prisons. Accordingly, with the approval of Ministry of Home Affairs, the BPR&D constituted a Model Prison Manual Committee at the national level for the formulation of a Model Prison Manual consisting of the following: 1 Shri Amarnathan Director General, BPR&D, New Delhi Chairman 2 Shri Sinha Director (R&D), BPR&D, New Delhi Co-Chairman 3 Director General of Prisons Member Uttar Pradesh, Lucknow.

6 4 Addl. Director General of Prisons, Maharashtra, Pune Member 5 Inspector General of Prisons, Tamil Nadu, Chennai Member 6 Dr. Hira Singh Former Director, National Institute of Social Defence, New Delhi. Member 7 Prof. M. Z. Khan, Former Dean, Faculty of Social Sciences, Jamia Millia Islamia, New Delhi Member 8 Prof. B. B. Pande Faculty of Law, University of Delhi, Delhi. Member 9 Dr. B. V. Trivedi Assistant Director, BPR&D, New Delhi Member-Secretary The terms of reference as laid down in the BPR&D office memorandum no. 40/3/2000-Prisons/BPR&D dated November 15, 2000 were as under: (i) To review the laws, rules and regulations governing the management of prisons, treatment of prisoners and to make recommendations for devising good practices and procedures on the basis of comparative analysis of the provisions of the States Prison Manuals by identifying gaps in their provisions for managing and administering prisons.

7 (ii) To examine various aspects relating to treatment of prisoners with special reference to their basic minimum needs compatible to the dignity of human life in the light of the recommendations made by the All india Committee on Jail Reforms (1980-83), Supreme Court Judgments and various international instruments to which india is a party. (iii) To look into the procedure regarding the internal management of prisons with a view to uphold the rights of the prisoners and the development of Prison staff in terms of custody, security institutional discipline, institutional programmes for the specialized treatment of women, adolescents, children and mentally sick person, staff recruitment and training and to suggest measures with a view to develop prisons as correctional institutions.

8 (iv) To scrutinize and analyse the implications of the proposed Prison Management Bill being finalised by the Ministry of Home Affairs, government of india . (v) To finalise the draft of Model Prison Manual by evolving national consensus on the relevant issues relating to Prison Reforms in india . (vi) Any other matter relating to management of Prison administration that the committee may like to consider. In its first meeting held on August 28, 2001 in BPR&D, the Committee approved a tentative chapter scheme for the proposed Model Prison Manual and decided to evolve a national consensus on various aspects to be covered therein by appointing six Working Groups comprising senior Prison administrators from various states.

9 The composition of these Working Groups along with the subjects assigned to them were as under: 1. Working Group on Organisational Structure Composition: 1. Sh. T. S. Bhamre DIG Prisons, Western Zone, Pune. Convenor 2. Mrs. Swati Sathe Supdt, Central Jail, Byculla, Mumbai Co-Convenor 3. Sh. D. T. Gujar Principal Borstal School, Nasik, Maharashtra Member 4. Sh. L. V. Kharadi Supdt., Central Jail, Ahmedabad Gujarat Member 5. Sh. H. D. Mashelkar Supdt., Central Jail, Aguada, Goa Member 2. Working Group on Living Conditions of Prisoners Composition: 1. Sh. L. Vijayanarayanan DIG (Prisons), Tamil Nadu Convenor 2.

10 Bhattacharjee Supdt., Women Jail, Purlia, West Bengal Co-Convenor 3. Sh. A. Badarudeen Dy. Supdt., Open Jail, Trivendrum, Kerala Member 4. Sh. B. S. Abbai DIG (Prisons), Mysore, Karnataka Member 5. Ch. Dinesh Kumar Chief Superintendent of Prisons, Pondicherry Member 3. Working Group on Under-trials, Detenus and High Security Prisoners Composition: 1. Sh. M. R. Ahmed DIG (Prisons), Andhra Pradesh Convenor 2. Ms. Rajni Sehgal Supdt., Jail, Jammu & Kashmir Co-Convenor 3. Dr. Sohail Ahmed Supdt., Central Jail, Ujjain (Madhya Pradesh) Member 4. Dr. K. K. Gupta Supdt., Central Jail, Bilaspur, Chhattisgarh. Member 4.