PRISON SYSTEM: AN OVERVIEW OF THE OVERCROWDING

AUTHOR: SHASHANK SAINI, Law Student (2023-2028)

Best Citation – SHASHANK SAINI, PRISON SYSTEM: AN OVERVIEW OF THE OVERCROWDING, ILE Monthly Review, 1 (5) of 2023, Pg. 01-06, ISBN – 978-81-961828-8-5

ABSTRACT

Mukesh, 22, was the sole bread winner for his family of six members. He used to do the work of a retail shopkeeper dealing in daily goods. One day while he was carrying on with his daily business activities, he had a quarrel over an issue with an individual from his village. The quarrel, despite of wholesome efforts from the side of Mukesh, took a violent turn and it led to a fight between the two wherein both Mukesh both sustained injuries. Police was called to the site and both of them were arrested. In the station compromise was offered to the parties, but Mukesh who had been always an individual with ideals of truth and honesty did not agree to bow down and took the case to the court. Both of them were put to jail. But as the court proceedings showed their real picture to Mukesh, he started regretting his own decision. He had to stay in jail for a long time. His family sole bread winner was behind bars leading them into a severe plight. And although he got justice through the court it took 4 long years for him to achieve it. The undertrial Mukesh and his family’s life was ruined economically and socially with this decision.

This does not make up a single case in our justice system. There are thousands of undertrials in our prisons who are awaiting to get justice for their cases through the courts of our country. The present article paper is a detailed study of this issue, starting with a history of our prison system and looking at its current position. Then it moves on to analyze what are the issues being faced by our prison system. The paper lastly concludes with a look at the reforms that are needed to make our jails modern and adapted to the today’s scenario overcoming all the obstacles.

KEYWORDS: undertrials; prison system; ancient, mediaeval and modern India prisons; Amitava Roy committee; reforms in prison; 436A of CrPC