THE PRISON SYSTEM AND HUMAN RIGHTS IN AN ERA OF LIBERALIZATION AND PRIVATIZATION
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Abstract
Prison is a state subject under List-II of the seventh schedule of the Indian Constitution. The management and administration of Prisons fall exclusively in the domain of the state government. The prison system in India is still governed by the archaic Prisons Act, 1894 and the Prisoners Act, 1900, which provide for corporal punishment for prison offences. However, after independence some liberal provisions were introduced in the Jail Manual by Pakwasa Committee, 1949, by which well-behaved inmates were rewarded with remission in their sentence.
A society cannot be recognized as a civilized society unless it treats the prisoners with sympathy or affection and liberalizes the prison system. A prison atmosphere, living condition of the prisoners, health care and medical facilities, educational and vocational training, etc. can be accepted as civilized only if the basic human rights are protected. Liberalization of prison system can occur only when release on probation and parole, selection procedure of open-prison, visiting system in prison, communication with family and relative, leave and pre-mature release, incentive for prison labour, legal aid in prison, after-care, etc are made easier.
The paper examines the necessity of liberalization of prison system in India for effective Criminal Justice Administration and for reformation, rehabilitation and re-socialization of prisoners and making them good citizens after release from prison. Several countries have experimented with privatization of prison. India has not yet considered the privatization of the prison sector. An attempt has been made to describe the history, development, advantages and disadvantages of privatization of prisons in different countries and their feasibility in India.
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