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C I V I L L I B E RT I E S
in identifying the infrastructural inadequacies and other deficiencies in the
prison administration in the States concerned.
4.88 The Chief Coordinator, Custodial Justice Cell and the Special
Representative, Orissa undertook a review of the jail infrastructure and
connected facilities in that State. They submitted a comprehensive report to
the Commission with a number of specific recommendations designed to
improve the state of the buildings, sanitation and water supply, the staff
position, medical facilities, the scale of diet, jail industries and housing facilities
for the jail staff. The report is under consideration of the Commission.
6)
Prison Reforms
4.89 The Commission has been advocating the replacement of the archaic
Indian Prison Act of 1894 by a Model Prison Bill which would be uniformly
applicable throughout the country. In the year 1996, the Commission had
prepared and circulated an outline of a Model Prison Bill and urged all the
States to have appropriate resolutions passed in their respective legislatures
so that a new Act could be adopted by Parliament under Article 252 of the
Constitution of India. While this process was underway, the Ministry of Home
Affairs entrusted a related task to the Bureau of Police Research and
Development. On 27 December 2002, the Commission thus received for its
comments, from the Union Home Secretary, a Draft Model Prison Manual
prepared by a Committee headed by the Director General, Bureau of Police
and Research Development. After that Draft Prison Manual was examined by
the Custodial Justice Cell, the Commission considered the matter and
forwarded its comments to the Ministry of Home Affairs on 11 February 2003.
4.90 The Commission remains of the view that there is need, in the first
instance, to enact a new Prison Act, as recommended by the Mulla Committee
on Jail Reforms. That Act could provide the most appropriate and contemporary
legal basis for a new Manual. The Commission therefore urges the Union
Home Ministry to pursue this matter further.
7)
Visits to other Correctional Institutions/Protection Homes
4.91 Shri S. V. M. Tripathi, Special Representative of the Commission, visited
the State Observation Homes in Pauri and Uttarkashi on 20-21 April 2002.
N AT I O N A L H U M A N R I G H T S C O M M I S S I O N