According to List-II of the Indian Constitution's seventh schedule, prison is a state subject. The state government is solely responsible for the management and administration of prisons. India's prison system is still governed by the outdated Prisons Act of 1894 and the Indian Penal Code. The Prisoners Act of 1900 establishes the use of corporal punishment for inmates who violate the law. However, following that, the Pakwasa Committee added certain permissive rules to the Jail Manual after independence. Inmates who were well-behaved were rewarded with a reduction in their sentence in 1949.
A society cannot be considered civilized unless the convicts are treated with pity or affection, and the jail system is liberalized. Only if basic human rights are maintained can a prison atmosphere, convicts' living conditions, health care and medical facilities, educational and vocational training, and so on be considered civilized. Only when the process of probation and parole, open-prison selection, jail visitation, communication with family and relatives, leave and pre-mature release, incentive for prison labour, legal aid in prison, and after-care are made easier can the prison system be liberalized.
The criminal justice system in our country is not complete without prisons. A prison, also known as a correctional facility, is a place where the accused or convicted individual is forced to be confined, and the state takes away a range of rights that are promised to them as citizens. In ancient and mediaeval India, there were prisons. The contemporary jails that exist today are a result of the British colonial government's legacy. Previously, the jails were infamous for their harsh conditions, cruelty, and inmate torture. When the country gained independence from the British and created its own Constitution, it placed a strong focus on liberty, equality, and fraternity, which were to be realized through fundamental rights and State Policy Directive Principles.
The purpose of this article is to explore the benefits and drawbacks of private jail, compare the existing prison system to private prison systems, and assess the feasibility of private prison in India. It also discusses Indian prison legislation as well as our current prison system.