On July 12, 2024, the Maharashtra State government introduced the Maharashtra Prisons and Correctional Services Bill during the Legislative Assembly’s monsoon session. Although the Bill was not passed, the State Cabinet has approved it to become an Ordinance. This means it will temporarily become law while waiting for approval from the Central government and the President.
Legislative Framework
Prison management is controlled by the state according to the Constitution’s Seventh Schedule. Currently, Maharashtra’s prisons follow the old Prisons Act of 1894. Reform is needed because of severe overcrowding, with more than 40,428 prisoners in facilities that are only meant for 27,110.
Current Issues in Prisons
Maharashtra’s prisons are among the top five states in terms of prisoner population and undertrials. The existing rules, which date from 1962 to 1979, are outdated and difficult to access, leading to concerns about deaths in custody and poor prison conditions.
Overview of the New Bill
The new Bill is based on the Union’s Model Prisons and Correctional Services Act, 2023, and aims to modernize prison operations. It includes improvements like better staffing, upgraded technology, and mental health programs.
Notable Provisions
- Convict Overseer: A prisoner selected to supervise others and given certain privileges. This role has been criticized.
- Public Servant Status: All convict overseers are defined as public servants, which raises questions about its current relevance.
- Prisons and Correctional Services Force: A new group with the power to make arrests and use weapons, though its practical use is unclear.
- Welfare Funds: The Bill suggests funds for both prison staff and prisoners, unlike the Model Bill which focuses only on prisoner welfare. This might face challenges in implementation.
Potential for Reform
Despite some issues, the Bill addresses important areas such as provisions for transgender prisoners and the creation of an Undertrial Review Committee. With further input and changes, it provides a crucial opportunity to improve Maharashtra’s prison system and move towards a system focused on rehabilitation and justice.
