(MENAFN- IANS) Mumbai, July 29 (IANS) The Maharashtra Cabinet chaired by Chief Minister Eknath Shinde on Tuesday gave its approval to bring in an ordinance for the implementation of the Maharashtra Prisons and Correctional Services Bill, 2024, similar on the lines of the Union government's Model Prisons Act, 2023.
This aims to regulate prisons, correctional services and prisoners.
It also aims to holistically address all relevant issues relating to prison administration as the pre-independence archaic laws need to be repealed and replaced by a consolidated, progressive and robust law in sync with contemporary modern-day needs and correctional ideology.
The state government had tabled the Bill during the Monsoon Session of the State Legislature but it was not passed.
Therefore, the State Cabinet decided to adopt an ordinance route for its implementation.
The Bill has proposed categories of prisons such as special prison, open prison for women, temporary prison, open colony and Boratkar institution.
Open prisons and colonies will assist prisoners in their rehabilitation and reintegration into the society after release.
There is a provision for the constitution of the Prison and Correctional Services Force, establishment of the welfare fund for all officers and staff of the prison and prisoners.
It proposes prison segregation of various categories of prisoners and for their special needs such as women, transgender, undertrial, convicted, high-risk prisoners, habitual offenders, recidivist prisoners, young offenders and civil prisoners.
In the wake of deaths of inmates in the prisons, it will be mandatory for the medical officer to record all relevant details and particulars of the case and the officer in-charge must immediately inform about the dearth to the concerned Deputy Inspector General of Police and the Director General of Police. They must inform the National Human Rights Commission and other authorities.
The prison staff or officer, designated by the Superintendent must examine everything carried in or out of the prison and may stop and search or cause to be searched any person, suspected of bringing any prohibited articles or taking away any property belonging to the prison.
If any of such article or property is found, the prison staff or officer must give immediate intimation to the officer in-charge of the prison.
The Director General of Police, the Special Inspector General or the Deputy Inspector General of Police may take disciplinary action against any officer or staff of prison for misconduct.
The Bill has proposed power of arrest without warrant in the case of assaults and damage to the property and any attempts to commit a cognisable offence which involves or which is likely to involve imminent danger to the life of any person engaged in carrying on any work related to prisoners or officers and staff of prison or any other person or prison property.
The Director General of Police must ensure that all prisons are inspected by an officer of appropriate rank at periodic intervals.
The government must constitute a welfare fund for the welfare of all officers and staff and correctional services.
In a serious bid to avid unholy nexus between the prison staff and inmates, the Bill has proposed that the officers and staff and their relatives must not have any business dealings with prisoners and interest in prison contracts directly or indirectly.
They must not accept any gift from a prisoner or prisoners' relatives or friends or a person having any dealings with the prisons.
Similarly, it will be mandatory for the prisoners to strictly follow rules with regard to discipline.
In the case of breach, the officer in-charge will have powers to impose punishments for committing prison offences, including unauthorised use or possession of wireless communication devices, mobile phones, electronic devices, trespassing or attempt to trespass, loitering in and around the prison premises where the entry is prohibited, unauthorised communication with any person outside prison, smuggling or attempt to smuggle of any prohibited article, participation or organisation of anti-social activities like gambling and betting and sexual harassment or sodomy.
According to the Bill, separate enclosures or wards for women and transgender prisoners, both transmen and transwomen may be provided and they must be provided access to healthcare and correctional programmes.
The Bill has proposed after care rehabilitation services to all needy prisoners released from a prison with a view to ensuring their rehabilitation and reintegration into society.
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