Introduction
This article was submitted to Reformative Explorations – a quarterly research publication by Prison Ministry India.
1. PRISONS AND JAILS
The concept of using a prison or a jail as a means to detain and remove personal freedoms of incarcerated people existed both in ancient and modern civilization. Prisons were often dungeons where suspected criminals were held before a sentence of death or slavery could be held. It was a holding tank and not a place of punishment. Evidence of this dates as far back as 399 BC, when Socrates was put in jail for corrupting the youth before he was put to death. The Holy Bible too, one of the oldest texts in the world, is populated with references to prison. The mentions begin right from mentioning Egyptian prisons of Pharaoh in the Book of Genesis where Joseph was imprisoned before his rise to power, through the times of imprisonment of prophets and kings alike such as Jeremiah (Book of Jeremiah) and Zedekiah (Book of Kings) and continue till the time of the imprisonment of disciples of Jesus such as Paul and Silas in prison (Book of Acts). Jesus himself was imprisoned overnight before facing a sentence of death.
It is important to reiterate that historically, prisons were used as stop-gaps before further sentences could be passed, not as places of punishment or correction. (Today we would call such an arrangement a jail). Historically, prisons contained a mix of people, not limited to criminals and usually kept people for a short period of time. People were imprisoned for different reasons. Debtors were held until they repaid their debt and accused criminals would be kept until they were tried in court. In the old world, courts were held only 4 times a year so one would have to wait for over 3 months for trial. Capital punishment was the dominant but uncommon form of punishment at that time. Therefore, till the late 18th century, prisons and jails primarily acted as a form of confinement for debtors, persons accused of crimes and awaiting trial, and convicts awaiting the imposition of their sentences—usually death or transportation (deportation) overseas.
Prisons as a form of punishment are quite a new development in human history that came to be only a few hundred years ago, during the American and French revolutions. They first came up in the new United States, then in England, and then in other places like Canada and France.
Prisons were a place for undertrials. Conditions were often harsh. In the 12th century, as royalty became more involved with prison administration in Europe, conditions slightly improved, even leading to the signing of the Magna Carta by King John which stated that no man could be imprisoned without trial. These developments were however confined to small parts of the industrialized world and the dominant process of using prisons as holding space before a sentence (usually capital punishment) was passed, continued.
2. EVOLUTION OF PRISONS
As capital punishment began to decline in the late 18th century, the prison was increasingly used by courts as a place for punishment, eventually becoming the primary means of punishing even for serious offenders. Through colonial empires, the use of imprisonment spread across the world. It even brought the concept to countries with no indigenous concept of prison such as Australia.
By the early 21st century, many countries had abolished the death penalty (in law or practice), and imprisonment, in consequence, was the most severe form of punishment that the courts could impose. It was in this context that penal reformers and political theorists began discussing alternatives to this criminal justice system and came up with the concept of judicial prisons; a new facility designed to punish convicted criminals with long-term confinement. The rise of the judicial prison system was extremely controversial, especially in England and the United States. Prisons were an extremely expensive undertaking that took years to build and required a full-time staff. Apart from the expense, another popular concern was whether such an institution was humane.
People were unaware of the repercussions of long-term captivity and prison legislatures would endlessly discuss this issue. The main question was whether such a system would in actuality reduce crime. At that time, people believed that crime was caused by one’s environment including the negative influence of family and friends.
Thus, the new prisons were designed to limit the individual’s contact with the outside world. Wardens and prison officials also didn’t want the prisoners to interact with each other. One strategy involved was forbidding prisoners from talking to one another and whipping them if they did. Another strategy involved putting prisoners in solitary confinement. Even before prisons were opened, the main concern was about their expense, their humanity, and their ability to reduce crime.
Prison reforms that started in the 19th century developed and continue till today to reach out to the care and rehabilitation needs of prisoners. Enforcement of this legislature continues to be a challenge in prisons around the world.
3. INDIAN PRISONS
Just like the prisons in the West, Indian prisons prevailed in the Vedic period but the concept of the prison to be a form of punishment remained absent. Imprisonment was not favored by ancient law makers. Prisons were mainly meant to act as pre-trial detentions. One of the earliest references to prisons was made during Kautilya’s Arthashastra. It was during this time that the officers who were in charge of the prisons were known as “Bandhanagaradhyaksha” i.e., Superintendent, “Karaka” i.e., jailor, and “Sannidhata” i.e., Chief of Prison. Punishments during the Mauryan period were in the form of penalties. These penalties were broadly classified into two categories, the wergild, which was a fine paid for homicide or other heinous crimes against a person and religious penance that was imposed over ritual offences.
The order in which the sutras laid down fines for punishment of murder were on the basis of the caste system – 1000 cows for killing a Kshatriya, 100 cows for a Vaisya, and 1 cow for a Sudra or a woman belonging to any caste.
Fines also included ranges from small copper coins to the seizure of all property, depending on the severity of the crime. Ancient literature also accounts for the various prison reforms that were encouraged by King Ashoka during his reign. An important measure taken by him during this period was to ensure that the authorities made visits to the prisoners at least once a day to enquire about their welfare. Great emphasis was laid over their living conditions, health and working habits. He even laid down strict rules and their functions for the officers inside the jails. Those who failed to abide by these rules were punished. These laws and systems went through great changes during the medieval periods. The caste and class system began to play a pivotal role in the determination of the gravity of the offence committed and the punishment for the same. With the Afghan invaders came a new form of administration, leaving behind very little of the old administration and culture. A sizable population was now ruled by Muslim or Quranic Laws. According to these laws, crime was categorized into 3 sections – offences against God, against the State, and against private property. Imprisonment was not encouraged even within the Mughal laws and was only used as a means for detention of persons under trial.
THE 3 MAIN PRISONS OF THE MUGHAL PERIOD WERE AT GWALIOR, RATHAMBORE AND ROHTAS.
Those condemned to death were sent to Rathambore; nobles who were condemned to perpetual imprisonment were sent to Rohtas from where very few returned home. Those with royal blood were often sent here. Such prison systems and patterns continued to exist even during the Maratha period. Mutilation, death and fines were the common forms of punishments for those deemed guilty subject to the gravity of their offence. In conclusion, there were no regular prisons as we see today, during the ancient or medieval periods in India.
Prisons were looked at as purely for the purpose of detention for those accused and were held under trial. With the rise to power of the East India Company came the decline of the Mughal empire and it was in 1784 that the British Parliament empowered the East India Company to rule over India. It was during this time that the English criminal law was applied to Indians. The Indian Penal Code and the Criminal Procedure Code were enacted in 1859 and 1860. It was during this period that prison reforms were taking place in Great Britain thus making efforts towards a decent and humane prison administrative system. There were 143 civil jails, 75 criminal jails and 68 mixed jails under the East India Company Rule with an approximate population of 75,100 prisoners.
A report published by the Prison Discipline Committee, headed by Lord Macaulay, criticized the subordinate administration and their lax behavior towards discipline and the employment of the prisoners as labor. This report marked an advancement towards the reformation of Indian prisons. Thus, the Prisons Act of 1894 came into being. The Act made major changes in the functions of the prison administration and authority. The Government of India Act of 1935 brought about severe constitutional changes that resulted in the shifting of the subject of prisons to the rule of provincial governments.
It was after independence that Jawaharlal Nehru, an experienced prisoner from the freedom struggle, reiterated the necessity of bringing about prison reforms. It was through his autobiography that he not only expressed the depth of his anguish but also dwelled on the ultimate result of imprisonment. He questioned the very essence of punishment and the objectives of such reformation.
According to him, reforms did not require great expenditure; in fact he believed that jails should be converted to centres of profit. He questioned the process of rehabilitation of prisoners within prisons, giving utmost importance to the fact that the individual who has served a sentence is left unfitting in a society that refuses to integrate him
