Assembly passes landmark bill to overhaul Maha prison system

Nagpur: In a historic move, the Maharashtra assembly on Friday unanimously passed the bill to bring in the ‘Maharashtra Prisons and Correctional Services Act' (MPCSA)-2024 aimed at transforming the state's prison system. The comprehensive bill introduces progressive reforms such as open prisons for women, segregated facilities for women and transgender individuals, and dedicated spaces for civil prisoners.Tabled by chief minister Devendra Fadnavis, the bill modelled on Union's Model Prisons and Correctional Services Act, 2023, replaces three outdated laws, including the colonial-era Prisons Act-1894, and brings the prison system in line with modern correctional principles. It also includes innovative features like a grievance redressal mechanism and quick response teams for emergencies in jails.Fadnavis highlighted the need to overhaul Maharashtra's prison system, which has long been plagued by overcrowding, outdated infrastructure and inadequate rehabilitation programmes. He emphasised that the existing colonial law remained largely unchanged post-independence, despite prisons being a state subject under the Constitution."The reform represents a significant shift from punitive confinement to a focus on rehabilitation and social reintegration, aligning the state's prison system with contemporary correctional philosophies," the CM said.The act introduces several groundbreaking changes that redefine the role of prisons and include measures to improve infrastructure, implement technology, and address the needs of inmates and prison staff."One of the most significant aspects of the act is the restructuring of prison administration. The post of Inspector General (IG), retained since colonial times, will be replaced by a Director General of Prisons and Correctional Rehabilitation, marking a shift in priorities. The prison system will no longer be viewed as part of the police force but as a separate entity focusing on correctional services," said Fadnavis.Fadnavis announced provisions specifically addressing the needs of marginalised groups. "For the first time, distinct chapters for women inmates and transgender inmates have been added, ensuring better facilities, accommodations, and security measures. New jail classifications, including special jails for high-risk offenders, open jails for prisoners nearing release, and youth rehabilitation centres have been introduced," he said.Highlighting the shift towards rehabilitation, the CM said the aim is to prepare inmates for reintegration into society. Programmes like promoting higher education, and initiatives for skill development and employment will be prioritised. Open prisons and colonies, like the Sangli Open Colony, will allow inmates to live semi-independently while contributing to society.The act primarily also addresses issues of overcrowding in jails that are accommodating inmates thrice its capacity and delays in the judicial process. "Under-trial Review Committees, chaired by district judges, will periodically assess cases of inmates who have completed one-third of their sentences or are facing undue delays. This will help decongest jails and ensure the rights of under-trial prisoners. To assist indigent prisoners unable to afford bail bonds, district collectors will lead panels to provide financial support, reducing the number of inmates held for minor offences due to financial constraints."According to CM, infrastructure modernisation is another cornerstone of the act. He announced plans to build multi-storey jails in high-density urban areas like Mumbai. "The proposed high-security prison will house high-profile offenders, including those involved in terrorism and organised crime. International standards of jail architecture, focusing on space optimisation and security, will guide these developments."All jails in Maharashtra will be connected through an Integrated Criminal Justice System (ICJS), creating a centralised database of inmates. Biometric identification, video surveillance, and electronic monitoring of parolees and furlough absentees will enhance security and accountability.The CM emphasised welfare initiatives for both inmates and staff. A welfare fund for inmates will address their immediate needs, such as legal aid and rehabilitation support, while a separate fund will improve working conditions for jail staff.The act introduces clear guidelines for inmate rights, grievance redressal mechanisms, and a framework for disciplinary actions within prisons. It also includes provisions for emergency preparedness, such as quick response teams for riots or natural disasters, ensuring inmate safety.Fadnavis underscored the importance of these reforms in the broader context of human rights and social justice. "This is not just about building better prisons; it's about building a better society," he stated, urging the assembly to approve the bill. He acknowledged the need to increase the number of doctors available to prisoners."No five-star facilities will be provided," Fadnavis clarified, "but basic human rights, even for prisoners, must be upheld. It's about dignity and compliance with legal standards, not indulgence."He revealed that the Brihanmumbai Municipal Corporation (BMC) had initially provided a location for a detention camp, but it did not meet the required standards. "We are finalizing another site in Mumbai to establish a proper detention centre soon," he said.