Barred Justice: An Inquiry Into Policy Gaps Affecting Women Prisoners In India
- IJLLR Journal
- May 26
- 1 min read
Kuheli Mitra, PhD (Law) Research Scholar, School of Law & Jurisprudence, Shri Venkateshwara University, Gajraula, U.P.
Dr Rajvardhan, Assistant Professor, School of Law & Jurisprudence, Shri Venkateshwara University, Gajraula, U.P.
ABSTRACT:
The prison system in India, though governed by constitutional and statutory mandates, often fails to meet the specific needs of women prisoners, a minority within the prison population. This research paper aims to analyse the systemic policy gaps that continue to marginalize women prisoners and obstruct their access to justice, rehabilitation, and dignified treatment. The research identifies the absence of gender-sensitive prison policies, lack of adequate healthcare, mental health support, vocational training, and safe custodial conditions as major lacunae that disproportionately affect women inmates. Drawing from both doctrinal research and relevant case laws, the paper demonstrates that existing prison laws and practices reflect a male- centric model that fails to accommodate the unique challenges of female incarceration. The dependent variable in this study is the impact of the proposed policy reforms, including gender-responsive budgeting, infrastructural rehauls, and rights-based training for prison staff, on the empowerment and reintegration of women prisoners. By critically examining constitutional rights, judicial pronouncements, and statutory provisions such as the Prisons Act, 1894, and Model Prison Manual, this paper seeks to bridge the gap between legal theory and practice in prison reform. Ultimately, it aims to contribute to the development of a more inclusive and humane criminal justice system in India.
Keywords: Women Prisoners, Custodial Rights, Gendered Incarceration, Constitutional Law, Policy Gaps.
