Maharashtra Approves Prisons and Correctional Services Bill

August 6, 2024

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, it has been approved by the State Cabinet to be enacted as an Ordinance. This means it will become law temporarily while waiting for approval from the Central government and the President.

Legislative Framework

Prison governance is managed by the state according to the Constitution’s Seventh Schedule. Currently, Maharashtra’s prisons operate under the old Prisons Act of 1894. There is a need for reform due to significant overcrowding, with over 40,428 prisoners in facilities meant for only 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 The existing rules, from 1962 to 1979, are outdated and hard to access, causing concerns about deaths in custody and poor prison conditions.

Overview of the New Bill

The new Bill takes ideas from the Union’s Model Prisons and Correctional Services Act, 2023, to modernize prison operations. It includes better staffing, technology upgrades, and mental health initiatives.

Notable Provisions

Convict Overseer: A prisoner chosen to supervise others, given certain privileges, but this role has faced criticism.
Public Servant Status: All convict overseers are defined as public servants, which raises questions about their relevance today.
Prisons and Correctional Services Force: A new body with the power to make arrests and use weapons, though its practical use is unclear.
Welfare Funds: The Bill proposes funds for both prison staff and prisoners, unlike the Model Bill which focuses on prisoner welfare alone. This could face challenges in implementation.

Potential for Reform

Despite some shortcomings, the Bill addresses important areas like provisions for transgender prisoners and creating an Undertrial Review Committee. With further input and amendments, it offers a crucial chance to improve Maharashtra’s prison system and move towards a rehabilitative justice model.

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