history and development of prisons

8
History and Development of Prisons HISTORICAL BACKDROP The historical account of jails in our country can be traced back to the Epic age. In Ramayana, when Bharata saw Rama at Chitrakut, the latter, while making detailed inquiry about the state of polity and welfare of people of Ayodhya, did not forget to elicit the situation in jail there. References of jail are also there in the Mahabharata. In those mythological period there were eighteen important state officials and one of them was the bead of the institution of jail (karagriha) designated as kamyadhyrrkrkcr". In Manusmriti it is stated that "(the King) should have all the prisons built on the royal highway, where the suffering and mutilated evil doers can be seen". There were also horrific punishments like feeding to animals, mutilations etc.We have locked up people in our country (in dungeons and cellars) to get them out of sight and often to await some other punishment such as banishing, ostracizing, and death, this includes the locking up of Krishna's parents in a dungeon in Mathura where Krishna was born. The Archeological Survey of India has found the jail in which Ajatasatru, confined his father, Bimbisara at Rajgriha, the capital of Magadha- the modem Bihar). The pre-Buddhist jails were said to be very cruel. Here, the inmates were, kept in chains and under heavy loads. Whipping was a daily routine in these jails. Account of Ashoka's Naraka (hell) was included in the writings of Huien Tsang and Fa-Hien Polished treatment of prisoners was unknown in this period. During Muslim period, old forts and castles served the purpose of regular prisons. These prisons were not as cruel as the pre Buddhist prisons. DEVELOPMENT OF THE PRISON SYSTEM Until the late 18th century, prisons were used mainly for the confinement of debtors who could not meet their obligations, of accused persons waiting to be tried, and of convicts who were waiting for their sentences--either death or banishment--to be put into effect. But imprisonment gradually came to be accepted not only as a device for holding these persons but also as a means of punishing convicted criminals. During the 16th century a number of houses of correction were established in England and on the Continent for the reform of minor offenders. The main emphasis was on strict discipline and hard labour. The unsanitary conditions and lack of provisions for the welfare of the inmates in these houses of correction soon produced widespread agitation for further changes in methods of handling criminals.

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History and Development of Prisons

HISTORICAL BACKDROP

The h i s tor i ca l account o f j a i l s in our count ry can be t raced back to the Ep ic age . In

Ramayana, when Bharata saw Rama at Ch i t rakut , the la t ter , wh i le mak ing deta i led inqu i ry

about the s ta te o f po l i ty and we l fa re o f peop le o f Ayodhya, d id not fo rget to e l i c i t the

s i tuat ion in ja i l there . References o f j a i l a re a l so there in the Mahabharata . In those

mytho log ica l per iod there were e ighteen impor tant s ta te o f f i c ia l s and one o f them was the

bead o f the ins t i tu t ion o f j a i l (karagr iha) des ignated as kamyadhyr rkrkcr" . In Manusmr i t i i t i s

s ta ted that " ( the K ing) shou ld have a l l the pr i sons bu i l t on the roya l h ighway, where the

su f fer ing and mut i la ted ev i l doers can be seen" . There were a l so hor r i f i c pun ishments l i ke

feed ing to an imals , mut i la t ions e tc .We have locked up peop le in our count ry ( in dungeons

and ce l la rs ) to get them out o f s ight and o f ten to awa i t some other pun ishment such as

ban ish ing , os t rac i z ing , and death , th i s inc ludes the lock ing up o f Kr i shna 's parents in a

dungeon in Mathura where Kr i shna was born . The Archeo log ica l Survey o f Ind ia has found the

ja i l i n wh ich A ja tasat ru , conf ined h i s fa ther , B imbisara a t Ra jgr iha , the cap i ta l o f Magadha-

the modem B ihar ) . The pre -Buddh is t j a i l s were sa id to be very c rue l . Here , the inmates were ,

kept in cha ins and under heavy loads . Whipp ing was a da i ly rout ine in these ja i l s . Account o f

Ashoka 's Naraka (he l l ) was inc luded in the wr i t ings o f Hu ien Tsang and Fa-H ien Po l i shed

t reatment o f p r i soners was unknown in th i s per iod . Dur ing Mus l im per iod , o ld fo r ts and

cas t les served the purpose o f regu lar pr i sons . These pr i sons were not as c rue l as the pre

Buddh is t p r i sons .

DEVELOPMENT OF THE PRISON SYSTEM

Unt i l the la te 18th century , p r i sons were used main ly fo r the conf inement o f debtors who

cou ld not meet the i r ob l igat ions , o f accused persons wa i t ing to be t r ied , and o f conv ic ts who

were wa i t ing fo r the i r sentences - -e i ther death or ban ishment - - to be put in to e f fec t . But

impr i sonment gradua l ly came to be accepted not on ly as a dev ice fo r ho ld ing these persons

but a l so as a means o f pun ish ing conv ic ted c r imina ls . Dur ing the 16th century a number o f

houses o f cor rect ion were es tab l i shed in Eng land and on the Cont inent fo r the re form o f

minor o f fenders . The main emphas is was on s t r i c t d i sc ip l ine and hard labour . The unsan i tary

cond i t ions and lack o f p rov i s ions fo r the we l fa re o f the inmates in these houses o f cor rect ion

soon produced widespread ag i ta t ion fo r fu r ther changes in methods o f hand l ing c r imina ls .

So l i ta ry conf inement o f c r imina ls became an idea l among the ra t iona l i s t re formers o f the

18th century , who be l ieved that so l i tude wou ld he lp the o f fender to become pen i tent and

that pen i tence wou ld resu l t in re format ion . Th is idea was f i r s t t r ied out in the Un i ted States ,

a t Eas tern State Pen i tent ia ry , wh ich was opened on Cher ry H i l l i n Ph i lade lph ia in 1829. Each

pr i soner o f th i s ins t i tu t ion remained in h i s ce l l o r i t s ad jo in ing yard , work ing a lone at t rades

such as weav ing , carpent ry , o r shoemak ing , and saw no one except the o f f i cers o f the

ins t i tu t ion and an occas iona l v i s i to r f rom outs ide . Th is method o f p r i son management , known

as the "separate sys tem," became a mode l fo r pena l ins t i tu t ions const ructed in severa l o ther

U .S . s ta tes and throughout much o f Europe.

Meanwhi le , a compet ing ph i losophy o f p r i son management known as the "s i lent sys tem"

arose . The main d i s t ingu ish ing feature o f th i s sys tem was that pr i soners were a l lowed to

work together in the dayt ime. S i lence was s t r i c t l y en forced at a l l t imes , however , and at

n ight the pr i soners were conf ined in ind iv idua l ce l l s . V igorous compet i t ion between

suppor ters o f the s i lent sys tem and o f the separate sys tem preva i led unt i l about 1850, but

by that t ime the s i lent sys tem had been v ic tor ious in most U .S . s ta tes .

The mark sys tem was deve loped about 1840 by Capta in A lexander Maconoch ie a t Nor fo lk

I s land , an Eng l i sh pena l co lony located east o f Aust ra l ia . Ins tead o f serv ing f i xed sentences ,

p r i soners there were requ i red to earn marks or c red i ts propor t iona l to the ser iousness o f

the i r o f fenses . Cred i ts were accumulated through good conduct , hard work , and s tudy , and

cou ld be den ied or subt racted fo r indo lence or misbehav iour . When a pr i soner obta ined the

requ i red number o f c red i ts he became e l ig ib le fo r re lease . The mark sys tem presaged the

use o f indeterminate sentences , ind iv idua l i zed t reatment , and paro le . Above a l l i t

emphas ized t ra in ing and per formance, ra ther than so l i tude , as the ch ie f mechan isms o f

re format ion . Fur ther re f inements in the mark sys tem were deve loped in the mid-1800s by S i r

Wal ter Cro f ton , d i rec tor o f I r i sh pr i sons . I r i sh inmates progressed through three s tages o f

conf inement before they were re turned to c iv i l i an l i fe . The f i r s t por t ion o f the sentence was

served in i so la t ion . Then the pr i soners were a l lowed to assoc ia te w i th o ther inmates in

var ious k inds o f work pro jec ts . F ina l l y , fo r s ix months or more before re lease , the pr i soners

were t rans fer red to " in termediate pr i sons , " where inmates were superv i sed by unarmed

guards and g iven su f f i c ient f reedom and respons ib i l i ty to permi t them to demonst rate the i r

f i tness fo r re lease . Re lease was a l so cond i t iona l upon the cont inued good conduct o f the

o f fender , who cou ld be re turned to pr i son i f necessary . Many features o f the I r i sh sys tem

were adopted by re formator ies const ructed in the Un i ted States in the la te 19th century fo r

the t reatment o f youth fu l and f i r s t o f fenders . The leaders o f the re formatory movement

advocated the c lass i f i ca t ion and segregat ion o f var ious types o f p r i soners , ind iv idua l i zed

t reatment emphas iz ing vocat iona l t ra in ing and indust r ia l employment , indeterminate

sentences and rewards fo r good behav iour , and paro le or cond i t iona l re lease . The

re formatory ph i losophy gradua l ly permeated the ent i re U .S . p r i son sys tem. The I r i sh sys tem

and the Amer ican innovat ions had great impact upon European cor rect iona l p ract i ces in the

20th century . There are severa l jus t i f i ca t ions fo r the use o f incarcerat ion in the c r imina l

jus t i ce sys tem. I t i s seen as an e f fec t ive fo rm o f pun ishment , the threat o f wh ich serves as a

deter rent to potent ia l c r imina ls . And by i so la t ing a conv ic ted o f fender fo r lengthy per iods o f

t ime, soc ie ty i s thereby protected f rom the c r imes he might have commit ted wh i le f ree .

Moreover , the cont ro l led env i ronment o f a pr i son o f fe rs oppor tun i t ies fo r the rehab i l i ta t ion

o f c r imina ls th rough counse l ing serv ices , educat ion , vocat iona l t ra in ing , and so on . These

arguments assume that the i so la t ion o f the o f fender i s not outwe ighed by the poss ib i l i ty o f

h i s becoming more c r imina l wh i le in pr i son , and that the soc ia l and economic cos ts o f

i so la t ing the c r imina l f rom the res t o f soc ie ty are less than those incur red i f he had been

le f t f ree .

PRISONS IN MODERN PERIOD

J a i l s , in the modem sense , a re products o f the las t century . I t i s a legacy o f Br i t i sh ru le . E C

Winese observed that , ' the pr i son sys tem in Ind ian Empi re , l i ke the Br i t i sh ru le i t se l f in that

count ry , has grown up by degrees , unt i l , as the empi re was conso l idated and order

in t roduced in to a l l depar tments o f the Government , the t reatment o f c r imina ls took i t s p lace

among the recogn ized branches o f the jud ic ia l admin is t ra t ion ' . H S St ra tchey made a survey

o f ja i l accommodat ion throughout the ter r i to r ies o f the East Ind ia Company in 1805. Before

1835, ' there were 43 c iv i l , 75 c r imina l and 68 mixed ja i l s ' i n the ter r i to r ies under the

company" .

A) . Lord McCau ley Commiss ion Repor t , 1835

T i l l 1836, pub l i c a t tent ion was not s t rong ly drawn to pr i sons . The murder o f Thomas

R ichardson , the Mag is t ra te o f 24 Parganas and the Super in tendent o f the ja i l , a t the

Pres idency o f Ca lcut ta , was the mov ing cause o f pub l i c a t tent ion to the ja i l p rob lem" ' . About

th i s inc ident , E C Wines wrote , " the murder o f the Governor o f the most impor tant pr i son in

Ind ia was the immediate mov ing cause o f the broad and exhaust ive enqu i ry wh ich was a t

once set on foot . The ev idence co l lec ted shows that pr i son d i sc ip l ine had at that t ime on ly

reached the s tage o f deve lopment in wh ich cons iderab le a t tent ion was g iven to the phys ica l

cond i t ion o f the inmates o f the pr i sons . But , not much to the mora l re la t ions and agenc ies .

Th i s repor t was prepared by Lord McCau ley , the then Law Member o f the Supreme Counc i l o f

Ind ia . ) . In th i s repor t Lord McCau ley expressed the idea that ' the best c r imina l code can be

o f very l i t t l e use to a communi ty un less there be a good mach inery fo r the in f l i c t ion o f

pun ishment . Th i s was the ideo log ica l corners tone upon wh ich the pr i sons in those days were

based. The abo l i t i on o f outdoor labor , genera l in t roduct ion o f indoor work , the inaugurat ion

o f separate sys tem, bet ter c lass i f i ca t ion o f conv ic ts , care fu l separat ion o f unt r ied pr i soners ,

the ins t i tu t ion o f cent ra l o r conv ic t p r i sons , and the regu la t ion o f p r i son sys tem genera l l y by

employment o f inspectors o f p r i sons were the main recommendat ions o f th i s repor t .

B) . The Pr i son D isc ip l ine Commit tee , 1836

Lord Wi l l i am Bent ick appo inted the second commit tee on Jan 2 ,1836 under the Cha i rmansh ip

o f H Shakespeare , a member o f Governor Genera l ' s Counc i l . Th i s commit tee i s known as the

Pr i son D isc ip l ine Commit tee . They submi t ted a repor t in 1838 to Lord Auck land. The major

observat ions are " the rampant cor rupt ion in the es tab l i shment , l ax i ty o f d i sc ip l ine , and the

sys tem of employ ing pr i soners on ext ra - mura l l abor ' . The commit tee recommended

increased r igorous t reatment and re jec ted a l l not ions o f re forming c r imina ls th rough mora l

and re l ig ious teach ing , educat ion or any sys tem of rewards fo r good conduct" . In ter a l ia i t

recommended separat ion o f unt r ied pr i soners f rom the conv ic ted ones . Another notab le

recommendat ion o f th i s commit tee i s the request fo r es tab l i sh ing the 'o f f i ce o f Inspector

Genera l o f P r i sons ' .

F i rs t Inspector Genera l o f P r i sons was appo inted in Ind ia in 1844, fo r the then Nor th West

P rov ince . Th is pos t was made permanent in 1850. In those days IG (Pr i sons) were medica l

doctors . In 1858 the Roya l P roc lamat ion was i ssued and the respons ib i l i ty o f the

admin is t ra t ion was assumed by the Br i t i sh Crown. Wi th the enactment o f Ind ian Pena l Code)

1860 (see Ch . I I & I I I ) p r i sons metamorphosed in to the most impor tant ins t rument o f pena l

admin is t ra t ion .

C) . Commiss ion o f Ja i l Management and D isc ip l ine , 1864

A second commit tee was appo inted in 1864 to recons ider the who le quest ion addressed by

the f i r s t commit tee . S i r J ohn Lawrence 's examinat ion o f the cond i t ion o f the ja i l s in Ind ia led

Lord Da lhous ie to appo int th i s Commiss ion o f Ja i l Management and D isc ip l ine . The Br i t i sh

reg ime was on ly in teres ted in the pr i son f rom the po in t o f v iew o f admin is t ra t ion and

d i sc ip l ine . Th i s commiss ion made spec i f i c recommendat ion regard ing the accommodat ion ,

improvement in d ie t , c lo th ing , bedd ing , med ica l care o f the pr i soners and fo r the

appo intment o f Med ica l Of f i cers in ja i l s . Th i s commiss ion f i xed the requ i red min imum space

fo r one pr i soner as 54 sq . f t . and 640 cub ic f t . The commiss ion a l so recommended the

separat ion o f male pr i soners f rom females and ch i ld ren f rom adu l ts .

D) . The Ca lcut ta Conference o f 1877

A conference o f exper ts was convened in 1877 at Ca lcut ta to inqu i re in to pr i son

admin is t ra t ion . Th is commiss ion in Br i t i sh Ind ia or " conference" as i t was ca l led , on pr i sons

and conv ic t t reatment in Ind ia was summoned by the imper ia l government . Th i s commit tee

was const i tu ted on ly w i th o f f i c ia l s ac tua l ly engaged in pr i son work . I t s s tud ies and

conc lus ions extended over the who le f ie ld o f p r i son d i sc ip l ine and admin is t ra t ion . One o f the

major f ind ings o f th i s commiss ion i s that " the var ious laws re la t ing to pr i sons have been

passed are incomplete , imper fect and nowhere lay down great lead ing pr inc ip les o f p r i son

d i sc ip l ine . ' The remedy proposed by the conference o f 1877 was the enactment o f a new

pr i son law, wh ich cou ld secure un i fo rmi ty o f sys tem at leas t on such bas ic i ssues as the

reckon ing o f the terms o f sentence .

E) . The Four th Ja i l Commiss ion , 1888

I n 1888, the four th ja i l commiss ion was appo inted by lo rd DufFer in to inqu i re in to the fac ts

o f p r i son . Th is commiss ion rev iewed the ear l ie r repor ts ( repor ts o f 1836, 1864, and 1877)

and made an exhaust ive inqu i ry in to a l l mat ters connected w i th ja i l admin is t ra t ion . I t was o f

the op in ion that un i fo rmi ty cou ld not be ach ieved wi thout enactment o f a s ing le Pr i sons

Act" . I t a l so recommended the set t ing up o f j a i l hosp i ta l s .  

F) The Pr i sons Act , 1894

Based on the 1888 Ja i l Commiss ion 's repor t , a conso l idated pr i son b i l l was prepared . Th is b i l l

was la ter passed. Thus came in to be ing the Pr i sons Act , 1894 wh ich i s the ex i s t ing law

govern ing the management and admin is t ra t ion o f p r i sons in Ind ia . Th i s Act , as i t i s , based on

deter rent pr inc ip les concerned more w i th pr i son management than wi th the t reatment o f

p r i soners and gave more cons iderat ion to pr i son o f fences and pun ishments than to the i r

e f fec t .

G) . The Ind ian Ja i l Commit tee 1919-20

The prob lems o f p r i son management and admin is t ra t ion cont inued. The Ind ian Ja i l Commit tee

1919-20 made the f i r s t comprehens ive s tudy o f these prob lems in the present century . Th i s

commit tee repor t was t reated as a turn ing po in t o f the pr i son re forms in the count ry . The

commit tee depar ted f rom the v in tage theoret i ca l bas i s o f p r i son admin is t ra t ion - (deter rents )

and advocated fo r a new out look to the pr i sons . For the f i r s t t ime in the h i s tory o f p r i sons ,

' re format ion ' and ' rehab i l i ta t ion ' o f o f fenders were ident i f i ed as the ob ject ives o f p r i son

admin is t ra t ion . The commit tee a l so recommended the care o f c r imina ls shou ld be ent rus ted

to adequate ly t ra ined s ta f f , re jec ted the idea o f excess ive employment o f conv ic t o f f i cers

and recommended the reduct ion o f such excess ive employment . The commit tee condemned

the presence o f ch i ld ren in ja i l s and recommended the es tab l i shment o f ch i ld ren 's cour t and

the juven i le homes . Under some pretext o r o ther the recommendat ions o f the Ind ian ja i l

commit tee 1919-20 were not implemented . S t i l l they serve as a gu id ing s tar fo r pr i son

re forms in Ind ia . Government o f Ind ia Act 1919 le f t the sub ject o f p r i sons to the

cons iderat ion and judgments o f o f the prov inc ia l Governments w i thout any e f fec t ive cont ro l

and superv i s ion o f the cent ra l Government . As an obv ious resu l t , the prov inc ia l Government

accorded low pr io r i ty to the pr i son re forms. However , the per iod f rom 1937 to 1947 was

impor tant in the h i s tory o f Ind ian pr i sons because i t a roused pub l i c consc iousness and

genera l awareness fo r pr i son re forms at leas t in some progress ive s ta tes (Mysore , UP ,

Bombay etc . ) . The f reedom movement a l so added momentum to th i s awareness . The

const i tu t ion o f Ind ia , wh ich came in to fo rce in 1950, re ta ined the pos i t ion o f Government o f

Ind ia Act , 1935, in the mat ter o f p r i sons and kept pr i sons as a S tate sub ject by inc lud ing i t

in L i s t I I - Sate L i s t o f the Seventh Schedu le ' " Dur ing the ear ly 1950 's a number o f j a i l re form

commit tees were appo inted by var ious s ta te governments w i th the a im o f ach iev ing the goa l

o f humanizat ion in pr i sons and to put the t reatment o f o f fenders on a sc ient i f i c foot ing .

H) . Reck less Commiss ion Repor t , 1952

Whi le loca l commit tees were be ing appo inted by the s ta te governments to suggest pr i son

re forms, the government o f Ind ia inv i ted techn ica l ass i s tance in th i s f i e ld f rom the Un i ted

Nat ions . Dr W C Reck less , a UN Exper t on cor rect iona l work , v i s i ted Ind ia dur ing the years

1951-52 to s tudy pr i son admin is t ra t ion in the count ry and to suggest ways and means o f

improv ing i t . H i s repor t ' J a i l Admin is t ra t ion in Ind ia" i s another landmark in the h i s tory o f

p r i son re forms. He made a p lea fo r t rans forming ja i l s in to re format ion centers and advocated

es tab l i shment o f new ja i l s . He opposed the hand l ing o f juven i le de l inquents by cour ts , j a i l s ,

and po l i ce meant fo r adu l ts . He a l so advocated the detent ion o f the persons commit ted to

the pr i son custody and for the i r re format ion and rehab i l i ta t ion . The rev i s ion o f outdated ja i l

manua ls and in t roduct ions o f lega l subst i tu tes fo r shor t sentences were recommended by

h im.  

The Al l India Ja i ls Manual Committee 1957-59

The Government o f Ind ia appo inted the A l l Ind ia Ja i l s Manua l Commit tee to prepare a mode l

pr i son manua l . The Commit tee was a l so asked to examine the prob lems o f p r i son

admin is t ra t ion and to make suggest ions fo r improvements to be adopted un i fo rmly

throughout the count ry . The repor t o f the A l l Ind ia Ja i l s Manua l Commit tee and the mode l

P r i son Manua l p repared and presented by that Commit tee to the Government o f Ind ia in the

year 1960 are commendab le documents on Pr i sons . They not on ly enunc ia ted pr inc ip les fo r

an e f f i c ient management o f p r i sons but a l so lay down sc ient i f i c gu ide l ines fo r cor rect ive

t reatment o f p r i soners . Whi le lay ing down the gu id ing pr inc ip les fo r pr i son management , the

commit tee wrote " the ins t i tu t ion shou ld be a cent re o f cor rect iona l t reatment , where major

emphas is w i l l be g iven on the reduct ion and re format ion o f the o f fender . The impacts o f

ins t i tu t iona l env i ronment and t reatment , sha l l a im at produc ing const ruct ive changes in the

o f fender , as wou ld be hav ing pro found and las t ing e f fec ts on h i s hab i ts , a t t i tudes ,

approaches and on h i s to ta l va lues o f l i fe . " The Ja i l Manua l Commit tee 's major

recommendat ions touched upon the fo l lowing aspects"

1. Headquar ters o rgan izat ion . 2. Divers i f i ca t ion o f ins t i tu t ions based on sex , age , c r imina l record , secur i ty cond i t ion ,

and t reatment . 3. Arch i tec ture and bu i ld ing . 4. Accommodat ion . 5. Const i tu t ion o f Adv isory boards . 6. Recru i tment , se lec t ion and t ra in ing o f p r i son personne l . 7. Disc ip l ine . 8. Bas ic fac i l i t i es . 9. Dai ly rout ine and educat ion o f p r i soners . 10. Vocat iona l t ra in ing . 11. Af ter care and rehab i l i ta t ion . 12. Categor i zat ion o f p r i soners ( i .e . ; UTP , women, l i fe conv ic ts , hab i tua l o f fenders , lunat i cs ,

juven i les e tc . ) .

Al l India Committee on Ja i l Reforms 1980-83

I n 1980 Government o f Ind ia const i tu ted A l l Ind ia Commit tee on Ja i l Re forms under the

cha i rmansh ip o f Jus t i ce Anand Nara in Mu l la . The recommendat ion o f th i s commiss ion ,

un iversa l l y known as MULLA COMMISS ION const i tu te a landmark in the re formatory approach

to pr i son re forms. The commiss ion made thorough s tudy o f the prob lems and produced an

exhaust ive document .