New Prisons Act draft lays emphasis on concerns of women, transgenders

Telangana is likely to get new laws by replacing the Prisons Act of 1894. The new law, titled ‘Telangana Prisons and Correctional Services Act 2024’, addresses the concerns of women and transgender prisoners, apart from reforms and rehabilitation.

The State prison authorities have drafted the new Act after consulting legal experts from the NALSAR University of Law.

The discussion seeking legal opinion from NALSAR experts was held on Thursday. The new Act aims to replace the 130-year-old colonial era Prisons Act of 1894, which lacks provisions of prisoner rehabilitation.

Director General of Prisons Soumya Mishra said that the decision to draft a new law was made by the Government of India, wherein the Ministry of Home Affairs formed a committee during COVID by selecting personnel from various States. “Since it is a State subject, the responsibility was on us to draft and submit a proposal to the government for approval,” she said.

An officer from the Prisons Department said that a draft was submitted to the previous government. “The current government has asked us to make minor changes, and the meeting with NALSAR has addressed that. The draft will go through some other committees and law bodies before resubmission,” said the officer.

Explaining the new Act, Ms. Mishra said that the primary emphasis will be on reforming and rehabilitating prisoners, with considerations tailored to the specific nature, severity, and recidivism risk associated with each individual’s offence. “There is an urgent need for reforms in prison rules and manuals to meet the evolving needs of a modern correctional system,” she added.

The Model Prisons Act 2023 served as a guiding framework for developing the draft. “The department has been working diligently to formulate a draft that aligns with the modern-day needs of a correctional system focused on rehabilitation and reintegration. The proposed Act introduces provisions for open and semi-open correctional institutions, fostering a more progressive approach to prisoner rehabilitation. It provides a new framework that is suitable for today’s  advanced society,” she said.

NALSAR VC Srikrishna Deva Rao and Criminal Law faculty D. Balakrishna participated in the discussion.

Published - September 20, 2024 08:55 pm IST