the starting point must be the replacement of the lndian Prison Act of 1894 with its
hopelessly antiquated approach to prison management, an approach that is seriously
at odds with contemporary penological and criminological thinking.
In its Annual Report for 1995-96, the Commission gave a full account of the
various steps it had taken to draft the outline of a Mode! Prison Bill for the country in
the course of which extensive consultations were held with the principal officers
concerned of the Central and State Governments, experts in jail reform and representatives of non-governmental organisations known for their interest in this subject. During
the current year, the Commission urged all States to have appropriate resolutions
passed in their r2spective legislatures, whereby they would be authorizing legislation
by Parliament on this question. In a letter to Chief Ministers dated 29 August 1996,
the Chairperson of the Commission pointed out that the Mulla Committee had also
earlier recommended the need f0r.a uniform and consolidated prison law for the entire
country. Asthe subject of 'Prisons' was a-matter included in List II of the Seventh
Schedule of the Constitution, and Parliament had no authority to legislate for the entire
country unless appropriate action was taken by the State Legislatures as required under
Arfide.252 of the Constitution, the Commission appealed to the States to initiate the
necessary steps in this direction. This appeal was followed by a letter dated 3 February
1997 from the Chairperson, to the Union Home Minister, requesting the latter also to
take up this matter with the Chief Ministers. Replies received from the Chief Ministers
indicate that many of them are still examining the issue. Some, however, have already
indicated that they will propose the passing of appropriate resolutions by their State
Legislatures.. In the meantime, in anticipation of the constitutional provisions being
satisfied, the Commission has decided to engage the services of a well-known expert
to give legal shape to the outline prepared earlier, so that a fully written draft Bill can
soon be fonnrarded to the Home ini is try to complete the action that is required in this
matter.
3.48
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~ Eother
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serious problems relating to the management of jails in the
3.49 A ~ L I ~ of
country received the attention of the Commission during the year under review. The
Commission learnt, for instance, that innocent persons with mental disabilities were
sometimes being held in prisons; in addition, prisoners with mental disabilities were
being treated as were other prisoners, with no effort being made to deal with their
distinctive problems. Given such situations, the Chairperson of the Commission
addressed a letter to all Chief Ministers on 11 September 1996, pointing out the
appropriate provisions of the law in respect of the manner in which persons with mental
disabilities should be treated. The letter cautioned that, should the Commission find,