Legislative Framework Governing Prisons In India

Bhuvaneshwari.D & Dr Aarati Tyagi, Reva School of Legal Studies

ABSTRACT

Every nation has developed penal systems to impose punitive measures on the persons who indulge in the commission of the wrongful acts that are against the established norms of the society. India as a democratic nation gives emphasis to the accepted principles of rule of law and imposes an obligation on the state to treat crimes and offenders in a systematic manner. In this context the modern day states have correctional institutions which function as prisons. The evolution of prison system dates back to centuries. In India the prison related laws gradually developed owing to the prison reforms that were made during the pre independence and post independence period. Indian prison system is not in a fully developed state, there is still room for improvements that can be made in this regard. It becomes pertinent to study the laws that are in force to analyse the conditions of the prisons persistent in India. This article at the very outset focuses on the international covenants and the declarations that have paved the way for the efficient functioning of the Indian Prisons. Further the paper has dealt in brief about the laws that are in existence in India which deal with the prison governance and regulation. In this context attempt has been made to study the relevant legislations that are applicable with the Indian Judicial setup in relation to the administration of prisons.