Introduction

Recently, the entire nation witnessed a gruesome murder inside the premises of the largest prison complex in South Asia, the Tihar Jail in Delhi.

• The heinous act raises questions on ineffectual security measures inside the Jail Premises and violation of prison rules.

What is the Background of this Issue?

• 2^nd May 2023 was the fateful day on which the killing of Sunil Balyan, better known as Tillu Tajpuria took place, the killers wrote in Tillu’s blood ‘Gogi Bhai’ on the concrete floor.
• Members of Tillu’s gang in September 2021 shot Gogi in Rohini courtroom, Delhi which seems to be the major reason for this gang rivalry.
• In a revengeful act Tillu was stabbed 100 times in the neck and 50 times in the ear by four other inmates of Tihar Jail belonging to the rival gang.
• This appeared to be a mockery of the law and order as the available CCTV footage shows ten jail officials, including 8-armed security personnel and 20 other prisoners did almost nothing to stop the brutal act.
• The 4 men were seen stabbing Tillu and after they stopped, while the officials were carrying grievously injured gangster to medical aid, the attackers again pulled him and continued the stabbing.

What Major Concerns are Highlighted in this Case?

• The horrific act highlighted 3 major lacunae in the system namely:
  • Why were rival gang members lodged in the same jail and ward?
  • The negligence on part of jail authorities to monitor their access to weapons and their other deeds that helped them accomplish this killing.
  • The norm to be followed inside the jail is that the high-risk prisoners should be shifted every month, why was it not followed?

What are the Steps Taken by the Government in this Regard?

• Considering the present situation, it has been decided by the authorities that members belonging to different gangs would be lodged in different jails or different wards to restrain gang violence.
• Further officials have been deployed to check CCTV footage round the clock in contrast to twice a day which was followed earlier.
• The Model Prisons Act 2023 has also been formulated by the Government to improve the conditions of the prisons.

What are the Related Legal Provisions?

The Prisons Act, 1894

• The Prisons Act 1894 provides for restraints that can be imposed on prisoners and the duties of the officers of the prison.
• This Act primarily focuses on keeping criminals in custody and enforcing discipline and order in prisons, with no provision for reform and rehabilitation.
• The duties of the officers of prison are enumerated from sections 8 to 20 of this act.
• Jailer of the prison who is subordinate to Superintendent shall maintain all records and shall be in-charge of prison and documents.
• Jailer shall also be assisted by deputy or assistant jailer.
• The Jailer of Prison is also responsible to always reside within the premises of prison and shall not leave prison without prior intimation.
• Restrictions that can be imposed on the prisoners by the act are as follows:
  • Section 55 - Extramural custody, control and employment of prisoners— A prisoner, when being taken to or from any prison in which he may be lawfully confined, or whenever he is working outside or is otherwise beyond the limits of any such prison in or under the lawful custody or control of a prison-officer belonging to such prison, shall be deemed to be in prison shall be subject to all the same incidents as if he were actually in prison.
  • Section 56 - Confinement in irons — Whenever the Superintendent considers it necessary (with reference either to the state of the prison or the character of the prisoners) for the safe custody of any prisoners that they should be confined in irons, he may, subject to such rules and instructions as may be laid down by the Inspector General with the sanction of the State Government, so confine them.
  • Section 57 - Confinement of prisoner under sentence of transportation in irons — (1) Prisoners under sentence of transportation may, subject to any rules made under section 59, be confined in fetters for the first three months after admission to prison. (2) Should the Superintendent consider it necessary, either for the safe custody of the prisoner himself or for any other reason, that fetters should be retained on any such prisoner for more than three months, he shall apply to the Inspector General for sanction to their retention for the period for which he considers their retention necessary, and the Inspector General may sanction such retention accordingly.
  • Section 58 - Prisoners not to be ironed by Jailer except under necessity — No prisoner shall be put in irons or under mechanical restraint by the Jailer of his own authority, except in case of urgent necessity, in which case notice thereof shall be forthwith given to the superintendent.

Model Prisons Act, 2023

• The Central Government has finalized a comprehensive Model Prisons Act, 2023 to replace the pre-independence era Prisons Act, 1894, which mainly focused on keeping criminals in custody and enforcing discipline.
• The new act aims to make prisons as reformative and correctional institutions, with a focus on transforming and rehabilitating inmates back into society as law-abiding citizens.

Way Forward

• The incident that happened is not the first of its kind and a murder has taken place inside the jail premises earlier as well. Thus, the gravity of the situation demands strict and real time watch on the activities of prisoners.
• Considering prisoners as other human beings, they must be treated with respect and dignity.
• The regulations against them must be administered fairly, without consideration for factors such as color, gender, sexual orientation, language, place of birth etc., of the prisoner.
• Despite the above provisions, prisoners cannot claim to have the right of freedom to do whatever they want and whenever they want. Hence, it is necessary to impose checks and balances on them.