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Maharashtra State government drafted and tabled the Maharashtra Prisons and Correctional Services Bill, 2024, in the State Legislative Assembly’s monsoon session.
Although the Bill was not passed, the State Cabinet has now approved its passage as an Ordinance.
It will be sent to the Centre for approval and will require the President’s nod.
Background
As ‘Prisons’ fall under the State List of the Seventh Schedule of the Constitution
Currently, prisons in most States including Maharashtra, are governed by the colonial Prisons Act of 1894 and underlying rules passed at the State level.
To improve prison governance, the Union government finalised the Model Prisons and Correctional Services Act, 2023 (Model Bill) in May 2023, and urged States to adopt it.
The Bill addresses aspects ranging from staffing to technology to mental health in prisons
Provisions of the Maharashtra Bill
The Bill incorporates several aspects from the Union government's Model Prisons and Correctional Services Act, 2023.
Introduces convict overseers with supervisory powers and benefits like higher remission.
This role has faced criticism but is included in the Bill.
Convict overseers will be classified as 'public servants' under the Bharatiya Nyaya Sanhita, 2023, which may grant them specific privileges and duties.
Establishes a new force including the Director General of Prisons and other officers, with powers to use weapons and make arrests without warrants.
Creates separate welfare funds for prison staff and prisoners, though funding for both will come from the State government.
Includes provisions addressing the needs and rights of transgender prisoners.
Establishes a committee to review cases of undertrials, aiming to address issues of prolonged detention.
Challenges
Maharashtra's prisons are overcrowded, housing over 40,000 prisoners against a sanctioned capacity of 27,000.
Current prison rules, from 1962-1979, are insufficient and not easily accessible, contributing to poor conditions and inefficiencies.
High rates of custodial deaths and poor prison conditions highlight the need for reform.
The role of convict overseers, though included in the Bill, faces criticism and may be outdated.
The new Prisons and Correctional Services Force’s wide-ranging powers could lead to potential abuses and needs checks to ensure humane treatment.
Creating and managing welfare funds for both staff and prisoners might face practical and financial challenges.
Way Forward
Reassess the role of convict overseers to ensure it aligns with modern rehabilitative and humane justice practices.
Establish clear guidelines and oversight for the Prisons and Correctional Services Force to prevent misuse of power.
Prioritize creating a single welfare fund for prisoners to streamline benefits and ensure effective implementation.
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