Doctrinal Analysis On Shortcomings Of The Prison System In India

Ishaan Deepak Joshi, MIT-WPU Faculty of Law

ABSTRACT

The quotient of utility when looking at the system of prisons in India as an institution for the core purpose of rehabilitation of the criminal convicts and giving them the necessities to prepare themselves for a normal life outside of prison has and will always be an issue that sparks controversy. The true motive and purpose of sending criminal convicts to the institution of a prison is to potentially spark a transformation in such offenders; changing them into citizens having an honest and law-abiding nature. This transformation is to take place by way of inducement of distaste in the minds of the offenders for crime and criminality, whereby the core principles are repentance through condemnation in confinement. However, in the realm of real-world practice, authorities in prison try to bring about a reformation in inmates by the use of undue force, brutality and other compulsive methods; proving to be, in the end, counterproductive as it leaves the convicts in a state of malice, hatred and a sense of damnation, which usually will prove to be a grave mistake when such offenders are given the chance to reintegrate in society. This research article aims to delve into the characteristics, problems and negative effects of the prison system in India, along with understanding prison reform measures in the country, Rights of prisoners and through the lens of case laws, the role of Judicial Activism in the realm of Prison Reforms.