TAMIL NADU NATIONAL LAW SCHOOL

TIRUCHIRAPPALLI
(A State University Established By Act No.9 of 2012)
Navalur Kuttapattu, Srirangam (TK), Tiruchirappalli - 620 009 Tamil Nadu

Research Project on ''Criminology, Penology, Victimology''

“Indian Prison Administration” with specific reference to

“The Human Rights question”.

Submitted to
Dr. Golda Sahoo
Visiting Professor of Law
Faculty in Charge - Criminology, Penology, Victimology

By
Thirumurugan
BA.LLB (Hons), V Year
Tenth Semester
Section '' B'' - BA0130069
 “Indian Prison administration” with specific reference to “the Human rights question”

TABLE OF CONTENTS

1. Introduction
 Research Methodology
 Research Question
2. A Historical Understanding Of Prisons And Its Meaning
3. Judicial Decisions in relation with Prison administration and Prison Management
4. A Summary of Prison Act
5. Concluding Remarks

INTRODUCTION

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 “Indian Prison administration” with specific reference to “the Human rights question”

Prison administration is a serious matter debate in recent years due to the interference
of the Supreme Court in variety of cases. In many states, the problem of ''dilapidated prison
structure, overcrowding, and congestion, increasing proportion of under trail prisoners,
inadequacy of prison staff, lack of proper care and treatment of prisoner'' were serious
matter of debate. Human rights in itself a very public issue which all people face in all walks
of life, in these circumstances the plight of the prisoners in the cells while serving their jail
term has emerged as quite an issue, as even as a prisoner under law they are entitled to a basic
human rights. The prison should serve as a stepping stone to remove the delinquent from the
path of crime. Therefore while advocating the importance of human rights of even for
prisoners, the researcher in this project proceeds with the study of prisoners life in jail
highlighting the way in which the prison administration happens in India.

The prison administration as a system in itself is very old. Our country has a vast history of
over hundred years of prison administration. It cannot be merely considered as custodial
institutions, its usage and the interpretation of the term has changed through the ages. The
Concept of Prison administration and Prison Management gains importance in recent years
mainly because of various inhuman acts, which were reported in recent times in newspapers.
The Notion of Custody has changed into training as well as re-education to prisoners1. The
sentencing given to the prisoners is based on the concept of ‘people who revolt against the
social strata should be kept away from the society , by giving an imprisonment period , but
this imprisonment is also based on the seriousness of the crime committed, these
imprisonment guidelines also violates the principle of liberty under A.21. The Freedom of
Prisoners as given in Sheela Barse versus State of Maharashtra raises the new debate about
the effectiveness of prison administration in relation to maintaining the human right
Standards. The major conventions like UDHR and ICCPR contain provision relating to the
criminal justice, which also provides the right of not being subjected to cruel, inhuman, and
degrading treatment or punishment to prisoners.

This project address the issues of prison administration in detail and narrates the
solution as well as remedies for the effective functioning of the prison system in India. This
Research Project analysis and explain further with the ideals of human rights standards in
prison as well as briefly explain with the present system of prison administration in India.
Research methodology:

1
Charles Sobraj v. Supt., Central Jail, (1978) 4 SCC 104 : AIR 1978 SC 1514.

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 “Indian Prison administration” with specific reference to “the Human rights question”

The research project is doctrinal in nature is Doctrinal in Nature and follows inductive
method of reasoning.

Research Question:
1. Whether in the Indian prison administration system there was any reference to the
administration of the prison administration system and management?
2. Whether the prison administration in India is done with keeping in mind the Human
rights standards?

A HISTORICAL UNDERSTANDING OF PRISONS AND ITS MEANING

Definition of Prison in relation with imprisonment2

Prison means any jail or place used permanently or temporarily under the general or
special orders of a state government for the detention of prisoners, and includes all lands
and buildings appurtenant thereto, but does not includes
a) Any place for confinement of prisoners who are exclusively in the custody of the
police or
b) Any place specially appointed by the state government by general or special order
to be a subsidiary jail.
The expression ''prison and imprisonment'' must receive a wider connotations and
include any place notified as such for detention purpose.
List of Legislation, which deals with prison administration in India
 Standard Minimum Rules for the Treatment of Prisoners (1955).
 Principles of Medical Ethics relevant to the Role of Health Personnel, particularly
physicians, in the Protection of Prisoners and Detainees against Torture and Other
Cruel Inhuman or Degrading Treatment or Punishment (1982).
 Convention Against Torture (1984).
 Body of Principles for the Protection of All Persons under any form of Detention or
Imprisonment (1988)
 Basic Principles for the Treatment of Prisoners (1990)
 United Nations Standard Minimum Rules for non-custodial measures (The Tokyo
Rules (1990)

2
Section 3 of the Prison Act,1894

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 “Indian Prison administration” with specific reference to “the Human rights question”

In 1835, the idea of modern prison in India originated with Lord Macaulay. The
Government of India enacted in its 1838 report the increase in rigorousness of treatment
while rejecting all humanitarian needs and reforms for the prisoners. The Prison discipline
Committee made similar recommendations and draft a prison law bill in 1877. The Fourth
Jail Commission recommended a consolidated prison bill and further recommended to enact
provision relating to the jail offences and punishment. The Prison Act 1894 draft converted
into law and ratified by the Governor General of India. Until now, there was no substantial
change in the Act. However, there are many instances where many committees have formed
and highlighted many deficiencies. The Indian Jail Committee for the first time in the history
of prisons highlighted about the reformation and rehabilitation of offenders. This later
focused to be an objective of the prison law and administration in India. At the advent of
Government of India Act 1935; Prison become a state subject. Report of UN Expert on
Correctional work submitted a report named as Jail Administration in India and directed the
government to transform jails into reformation centres and recommended further about the
revision of outdated Jail Manuals.

After Independence, All India Jail Manual Committee for Model Prison Manual
recommended amendments in Prison Act 1894 and manuals through a model to provide a
legal base for correctional work. E.g. probation, after care, Juvenile and remand homes,
certified and reformatory school, borstals and protective homes, suppression of immoral
traffic. Mulla Committee of Jail Reforms made a comprehensive review emphasized non-
Custodial measures for prisoners and periodic review of undertrail cases. The Krishna Iyer
Committee was the only committee undertook the study on the situation of women prisoners
in India. BPRD & Committee was come into force due to the Ramamurthy versus State of
Karnataka 3Judgement wherein it directed that all the manuals should be uniform in nature,
further specifically instructed the central as well state government about the prison
management. Recently, the government of India took initiative to enact a new law on prison
management known as prison administration and treatment of prisoner's bill, 1988 that was in
under legislative construction.

3
(1997) 2 SCC 642 : AIR 1997 SC 1739

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 “Indian Prison administration” with specific reference to “the Human rights question”

Judicial Decisions in relation with Prison administration and Prison Management

In the area of prison administration, the Training, and accountability, implementation

are the three pillar of the prison system. The true spirits of human right standards were
reflected in the Fundamental rights and Directive principles of State policy. Over the period
of past 30 years, the Supreme Court of bakery India has reiterated the principle
''Imprisonment does not spell farewell to fundamental rights'' These principle has lead to
three following preposition.

1. A Person in custody does not become a non person

2. An Incarcerated individual is entitled to enjoy all human right within the limitation of
Imprisonment.
3. An offender is sent to prison as Punishment and not for punishment
Prison Administration has no authority to aggravate his/her Suffering incidental to
confinement. It is evidential from the colonial past that the prison authorities/ management
has intervened in many circumstances and use their power arbitrarily and indiscriminately
violates various basic human rights of individual. In a judgment in Rama Murthy versus State
of Karnataka4, the Supreme Court Observed the nine major problem suffered by prison
system in India.
1. Overcrowding
2. Delay in Trail
3. Torture
4. Ill Treatment
5. Neglect of health hygiene
6. Insubstantial food and adequate clothing
7. Prison vices,
8. Deficiency in Communication
9. Streamlining of Jail visit and management of open-air prisoners
Direct the both the central and state government to enact a new Prison Code on par
with the suggestion given by National Human Right Commission. A Major reference was
also made to the All India Committee on Jail Reforms ''Mulla Committee'' for the above-
mentioned deficiencies. Supreme Court as specifically mentioned certain right to prisons and

4
Supra Note 3

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 “Indian Prison administration” with specific reference to “the Human rights question”

listed down certain corresponding duties of prison staff and other staff of criminal justice
system.5
 Right to be lodged appropriately based on proper classification
 Special right of young prisoners to be segregated from adult prisoners
 Right of women prisoners
 Right to healthy environment and timely medical services 6
 Right to bail7
 Right to speedy trail8
 Right to free legal services9
 Right to have interviews with one lawyers
 Right against being detained for more than the period of sentence imposed by the
court10
 Right to protection against being forced into sexual activities11
 Right against arbitrary use of hand cuffs and fetters12
 Right against torture, cruel and degrading punishment13
 Right not be punished with solitary confinement for a prison offence
 Right against arbitrary prison punishment
 Right to air grievances to effective remedy
 Right to evoke the writ Hebeas Corpus against prison authorities for excesses
 Right to be compensated for violation of human rights14

5
Sunil Batra v. Delhi Admn., (1978) 4 SCC 494 : AIR 1978 SC 1675; Sunil Batra (II) v. Delhi Admn., (1980) 3
SCC 488 : AIR 1980 SC 1579
6
Refer various sections of Prisons Act, 1894: such as Sections 24(3); 13, 26(3), 26(2), 29, 35(2), and 39-A. Also
refer Rama Murthy v. State of Karnataka, (1997) 2 SCC 642 : AIR 1997 SC 1739; and NHRC letter DO No.
4/3/99-PRP and P dated 11-2-1999 addressed to all Chief Secretaries/Administrators of all States/UTs.
7
Motiram v. State of M.P., (1978) 4 SCC 47 : AIR 1978 SC 1594; Hussainara Khatoon v. State of Bihar, (1980)
1 SCC 93 : AIR 1979 SC 1360; Supreme Court Legal Aid Committee v. Union of India, (1994) 6 SCC 731;
Common cause v. Union of India, (1996) 4 SCC 33.
8
Hussainara Khatoon (1) v. State of Bihar, (1980) 1 SCC 93 : AIR 1979 SC 1360.
9
M.H. Hoskot v. State of Maharashtra, (1978) 3 SCC 544 : AIR 1978 SC 1548. Also refer Section 383 CrPC 30
Sunil Batra (II) v. Delhi Administration, (1980) 3 SCC 488 para 79(1) of p. 522.
10
Veena Sethi v. State of Bihar, (1982) 2 SCC 583 : AIR 1983 SC 339. Also refer Section 12(2) of Prisons Act,
1894.
11
Munna v. State of U.P., (1982) 1 SCC 545 : AIR 1982 SC 806. Also refer No escape: Male rape in US prisons,
Human Rights Watch, New York, 2001.
12
Prem Shankar Shukla v. Delhi Admn., (1980) 3 SCC 526 : AIR 1980 SC 1535. Also refer Sunil Gupta v. State
of M.P., (1990) 3 SCC 119 and Citizens for Democracy v. State of Assam, (1995) 3 SCC 743 : AIR 1996 SC
2193.
13
Francis Coralie Mullin v. Union Territory of Delhi, (1981) 1 SCC 608 : AIR 1981 SC 746
14
Rudul Sah v. State of Bihar, (1983) 4 SCC 141 : AIR 1983 SC 1086, Sebastian M. Hongray v. Union of India,
(1984) 3 SCC 82 : AIR 1984 SC 1026 and D.K. Basu v. State of W.B., (1997) 1 SCC 416 : AIR 1997 SC 614

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 “Indian Prison administration” with specific reference to “the Human rights question”

 Right to visit and access by family members of prisoners

 Right to write letters to family and friends and to receive letters, magazines etc
 Right to reformative programmes
 Right in the context of enjoyment of prisoners and prison wages
 Right to information about prison rules

After Independence, there were many initiatives like UN Technical Assistance

Programme for reorganisation of prison System; Mulla Committee Report formulated a
model prison manual were taken place in early 70's. Subsequently, the Kapoor Committee,
National Expert Committee on women prisoners, All India Model Prison Committee,
Malimath Committee, and Committee on National Draft Policy on Prison Reforms and
Corrections as well as draft policy on criminal justice constituted by the Government of India
to improve the human right situation predominately concerning to Prisoners. The Apex Court
has provided relief in individual cases; thereby provide a platform for Prison governance.
Mulla Committee has specifically commented on Prison Governance wherein it states -

The Humanistic approach in the treatment of offenders being emphasised by the

courts through their judgement seems to have generated an unfounded apprehension of
security and personal risk among them.

Prison Administration reforms

Dr. W.C Reckless report on Prison Administrative in India is a turning point in the
history of prison reforms mostly concerning to rehabilitation and reformation of prisoners. In
1957, All India Jail Manual Committee submitted a comprehensive report along with Model
Prison Manual. The Supreme Court in Rama Murthy versus State of Karnataka15 specifically
directed the central government to enact a new prison Act and adopt a new prison manual for
concrete prison restructuring. Bureau of Police Research and Development has prepared a
Model Prison Manual on 31.1.2004 and appealed to state for adoption and promote basic
uniformity in the legal framework in the administration of prisons all the country and to lay
down the framework for custody and treatment of prisoners. United Nations Instruments
especially drafted the standard minimum rules for the treatment of prisoners.

Human Rights Standards - Of various aspects of prison administration, living

conditions of inmates have been subjected to severe criticism by courts, expert committees,

15
Supra Note 3

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 “Indian Prison administration” with specific reference to “the Human rights question”

advocacy groups and other interested in the maintenance of minimum standards of human
dignity in prisons16. The criticism has been levelled on the account of insufficient
accommodations, indiscriminate handling of different categories of offenders, unhygienic
conditions, substandard food, inadequate water supply; inadequate medical care, lack of
properly devised correctional activities and vocational training, atrocities on young, women
prisoners and maltreatment with poor prisoners.

16
One of the important functions of the National Human Rights Commission as provided under Section 12(c) of
the Protection of Human Rights Act, 1993 (as amended) by the Protection of Human Rights (Amendment) Act,
2006—No. 43 of 2006). The Commission during the last 16 years undertook visits to a large number of prisons
all over the country, enquired into numerous complaints regarding violation of human rights from prisoners and
highlighted the need for prison reform in its orders and reports. The Commission time and again reiterated that
there is an urgent need for systematic reforms in prisons. (For details please refer proceeding of workshop on
detention held on October 11-12-2008, at New Delhi, published by NHRC, New Delhi, 2008. Also refer Annual
Reports and a recent publication “Human Rights Best Practices Relating to Criminal Justice in a Nutshell”

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 “Indian Prison administration” with specific reference to “the Human rights question”

A SUMMARY OF PRISON ACT

The Prison Act is the first legislation regarding prison regulation in India. However,
the advent gains importance in the second half of the 19th Century. There was no major
alteration over the 100 years with minor discrepancies. The Prison Act consists of 12 chapters
62 sections with the objective of reformation with one or another way. Recently, the prison
administration focused on the following areas:
 Accommodation and sanitary conditions for prisoners
 Shelter and safe custody of the excess number of prisoners
 Provision relating mental and physical state of prisoners
 Examination of prisoners by qualified medical officer
 Separation of Prisoners, Containing female and Male Prisoner
 Special treatment to under trails prisoners

The Prison Act was inspired from the principles of UDHR such as Liberty, Non
Arbitrariness with respect to arrest and detention & other inhuman practises. This Act came
into being on 22nd March 1894 and enforced on 1st July 1894. In the Act under the
interpretation clause, the term Prison was interpreted as ''Means and Include' buildings
maintained by state government with the purpose to detain prisoners. Further Section 3
defines further with the terms Criminal prisoner, Convicted Criminal prisoners and Civil
Prisoner''

Statement of Objects and reasons: Before the enactment of Prison Act, 1894, there are four
different acts in force for the regulation of jails in British India and for the enforcement of
discipline therein. These Acts differ interse in various important points, namely, as to the jail
offences enumerated in them as to the punishment which might be inflicted for those
offences, as to the authorities competent to inflict these punishments.

Chapter II of the Act deals with maintenance and officers of the prisons wherein
section 4 exclusively deals with procedure of accommodating the prisoner's ad further this
chapter draws the hierarchy of the prison administration authorities. This Act specially laid
down the procedure of appointing prison officers includes superintendent, medical officer,
jailer, and other such officer in detail. Each prison shall be under in-charge of Inspector
general, and state shall make proper arrangement for accommodation of prisoners and the
inspector general shall discharge the functions according to directing of the State. It is burden

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 “Indian Prison administration” with specific reference to “the Human rights question”

duty of Inspector general to take necessary steps for the safe custody of the prisoners and
provide temporary shelter.

Chapter III exclusively deals with duties of the prison administration officers
enumerated under the section 8 to Section 23.

 Superintendent shall be the first officer rank in prison and shall duty bound to discharge
the function according the direction of the Inspector general. The Superintendent has the
duty bound to resolve and mange the matters relating to discipline, expenditure, labour,
and punishment, maintenance of records relating to prisoners, visitors and accounts.
 The Jailer shall act in accordance with the directions and advice of the Superintendent,
resides within the prison, maintains all records, and shall be in charge of prison and
documents. Section 9 strictly prohibits the officers to carry any commercial activities
within jasil premises.
 Medical officer of prison shall be subordinate officer and discharge the function with
respect to prisoners seriously affected with diseases etc. It is his duty to keep all the
records of all particulars such as health, diet, diseases and date of death of deceased
prisoner
Chapter IV deals with admission, removal and discharge the prisoners. Once the
convict enters into prison, he should be undergone with preliminary checking and procedure.
The female convict shall be checked only by female officers and examined by the medical
officer & marks and wounds on his body shall be recorded. With the opinion of the medical
officer, the prisoner shall be removed only if he or she suffers from acute diseases. Chapter V
deals with the discipline of prisoners, where in the male prisoner are to separated from the
female prisoner and shall be kept separately, prisoners sentence with death sentence. It is
important to note that the civil or under trail prisoner shall have access to commodities from
outside. This is totally subject the clear examination of the goods and prisoners shall provide
themselves with clothing and beddings. These benefits shall not be extended to the convicted
prisoners.
The employment of prisoners was directly deals under the chapter VII of Prison Act
and thereby civil prisoner should have obtained permission from Superintendent and shall not
work more than Nine Hours. All prisoners convicted for simple imprisonment shall be made
to work within the premises. This Act lays certain directions for regular medical check up
and sick prisoners, thereby taking care of health of prisoner within the prison premises. It is

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 “Indian Prison administration” with specific reference to “the Human rights question”

hardbound duty of the officers to take care of the prisoner with proper due care and attention.
Section 42 to 54 deals with offences wherein any person who abets or removes the articles
prohibited from prisons shall be punished with imprisonment of Six Months or with fine of
rupees 200. Prison offence under section 46 of the Prison Act directly states the offences such
as wilful disobedience of prison rules, use of criminal force or threatening language, indecent
behaviour, refusal to work, causing damage to prison property or documents, preparing or
conspiring for escape, levelling false accusations against prison officers. These Acts are said
to punishable under Section 46 and 47 of the Act. The superintendent has the power convict
the heinous crime offender by forwarded to District Magistrate or any other magistrate of the
First Class. There are other provisions, which provide punishment for prison subordinates for
his/her wilful acts. It is exhaustive list contains provisions for the proper and smooth
functioning of prison.

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 “Indian Prison administration” with specific reference to “the Human rights question”

JUDICIAL DECISIONS REGARDING PRISON Act, 1894

1. The Borstal Institutions is not a prison within the meaning of the definition in section
3 of the Act:17
2. Section 11 of the Act is not controlled by any other person and its scope is not
curtailed by Section 32. Section 11 is an exception to other general provision18.
3. Gangawise classification of prisoners and their placement in different prisoners is
relevant policy decision with which courts must be slow to interfere;19
4. Juvenile delinquents should not be assigned work in the same area where regular
prisoners are made to work. It should be ensured that there is no scope for their
meeting and having contacts.20
5. Husband and wife were undergoing trail in criminal offence and detained in jail in
separate cells. Their prayer to keep them in one cell was allowed. Section 27(i) of the
Act is not applicable when male and female prisoners happen to be husband and
wife21;
6. Prisoner Under death sentence should be kept in a cell separate from other prisoners
under the charge of guard;22
7. Section 30 (2) does not authorise prison authority to impose solitary confinement
within the meaning of section 73 and 74 of the Indian penal code upon a prisoner
under the death sentence23;
8. A Prisoner can be said to be under the sentence of death within the meaning of section
30(2) only when the death sentence is beyond judicial scrutiny and would be
operative without any intervene from any other authority24;
9. Prisoners are entitled to wages which should not be less than the wages provided
under the Minimum Wages Act25.
10. Liberal visits to prisoners by family and friends are not allowed in view of Article 19
of the Indian Constitution;26

17
Emperor versus Nga Pyu AIR 1936 Rang 485
18
C. Narayanan Versus State of Kerala 1993(1) Recent CR 165 (Ker)
19
State of Maharashtra versus Sayyed Noor Hasan Gulam Hussain 1995 Cr LJ 765 Bom
20
Sanjay Suri versus Delhi administration Delhi AIR 1998 SC 414
21
Dildar Singh versus State of Punjab 1994(3) Recent CR 62 P&H
22
Khowaj Ali barbhuiya versus state of Assam 1986 (3) Crimes 87.
23
Sunil Batra versus Delhi Administration AIR 1978 SC 1675.
24
Sunil Batra Versus Delhi Administration AIR 1978 SC 1675
25
Gurdev Singh Versus State of Himachal Pradesh 1993 (1) Recent CR 13 DB
26
Sunil Bastra versus Delhi Administration AIR 1980 SC 1579.

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 “Indian Prison administration” with specific reference to “the Human rights question”

11. Superintendent of jail is the punishing authority for jail offence. Enquiry has to be
conducted by superintendent of jail to determine commission of offence. Process of
determination of offence could not be delegated to any subordinate authority. Jail
punishment was quashed in the instant case, where enquiry was conducted by the
officer of lower rank27;
12. The Act does not provide rules and procedure for holding an enquiry to inflict jail
punishment. Punishing authority has to apply its mind objectively and determine
whether offence was proved or not28 ;
13. When the Inspector General of prisons any of the sentences mentioned in Rule 1985
of Bombay Jail Manual, he is required to afford an opportunity of being heard to the
prisoner concerned29.
14. The non Consideration of premature releases of accused on ground that they have not
completed 14 years of substantial imprisonment was not proper.30
15. In case of prisoner who has completed 14 years of detention in jail inclusive of
remissions earned, it is imperative on the part of jail authorities to submit his case for
the consideration of his release31.
16. Under trail prisoners should not be kept in fetters in jail32
17. When there is no appeal pending, the state government can release convicted
prisoners on parole33;

27
Pritam Singh versus state of Punjab 1 Recent CR 305 P&H
28
Gurdev Singh versus state of Himachal Pradesh 1993(1) Recent CR 13 DB
29
Haiderkhan Lalkhan versus state of Gujarat 1991 Cr. LJ 1266.
30
State of Haryana versus Ram Diya 1990 Cr.LJ 1327
31
State of Punjab versus Dhir Singh 1990 Cr.LJ. 1464
32
Harban Singh versus State of UP. AIR 1991 SC 531
33
Jayant versus State of Maharashtra 1986 Cr,LJ 1298

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CONCLUSION
In the recent years, the prison jurisprudence in India developed in order to protect the
inherent right of the prisoners and administered the prisoners properly with effective due care
and caution. The existing legal structure of the prisons administration has to be changed,
there needs strictly constructive approach highlighted by Supreme Court in reviewing the
cases, which are presently pending before the Hon'ble Supreme Court of India. It is highly
imperative to note that prison justice and prison rehabilitation are the vast large problem that
exist the Indian Prison system. Education and social rehabilitation are only tools, which
reforms and reconstructed the prison system in larger extent.
The National Human Right Commission has called for a restricting and reorganisation
of prison in India. Various High courts and Supreme Court has referred in many cases about
the radical reforms about the prisoners' rights and their protection. The Supreme Court has
address the human right issues in prison setting requires two fold strategy.
1. Inculcate the ideals of human rights through the right based approach in prison
management.
2. Formulate the strategy for addressing the human right violation in Prison
It has been highly highlighted by the scholars that there is an essential need of
accountable and transparent mechanism in prison system, wherein need systemic check and
balances have placed in the system as such. The new scheme of Modernisation of Prison have
to be taken up properly so as to address the wide issues of accommodation, diet, clothing,
bedding and medical care, education. All India Committee on Jail Reforms headed by Mulla
highlighted the emerging needs of the prison administration and stressed the government for
the implementation of new plans for the welfare activities of the citizens.
'' Programmes for reformation and rehabilitation of offenders, for making them useful
citizens, must find a place in our national plans. These programmes should be
included in the plans for the same reasons for which educational and social welfare
programmes have been so included. No greater justification need to be adduced in
support of our recommendation than the fact that prisons in a welfare state like ours
are not merely agencies of law enforcement; but are welfare institutions providing
correctional programmes for the offenders and social defence programmes for the
welfare of the society as a whole''

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