Consider the following statements: Statement-I: In India, prisons are managed by State Governments w

Question

Consider the following statements: Statement-I: In India, prisons are managed by State Governments with their own rules and regulations for the day-to-day administration of prisons. Statement-II: In India, prisons are governed by the Prisons Act, 1894 which expressly kept the subject of prisons in the control of Provincial Governments. Which one of the following is correct in respect of the above statements?

Accepted Answer

In India, prisons are governed by the Prisons Act, 1894 which vested the Provincial Governments (now States) the power to make rules on prisons. Also, till date, the management and administration of prisons falls exclusively in the domain of the State Governments, and is governed by the Prisons Act, 1894 and the Prison Manuals of the respective State Governments. Hence statements 1 and 2 are correct and statement 2 is the correct explanation of statement 1.For Clarification purposes: there can be few more interpretations to this question.Interpretation 1: 'Prisons'/'persons detained therein' is a State subject under the seventh schedule (item 4, state list).Prisons are governed by the Prisons Act 1894 and the prison manuals of the respective state governments.The Ministry of Home Affairs also provides regular guidance and advice to States and UTs on various issues concerning prisons and prison inmates.So in India, prisons are managed by State Governments with their own rules and regulations for the day-to-day administration of prisons not only by virtue of Prisons Act 1894 but also because of other reasons given above. In this case answer could be B as well. Both statements 1 and 2 are correct but statement 2 is not the correct explanation of statement 1.Interpretation 2: Statement 2 could be wrong because of the use of words 'expressly kept the subject'.Although the section 59 of the Prisons Act, 1894 vests the power to make rules on prisons to the state governments but it did not place the subject to them. It was the Government of India Act 1935 which resulted in the transfer of the subject of jails from the Central List to the control of Provincial Governments and henceforth reduced the possibility of uniform implementation of a prison policy at the national level. Thus, State Governments have their own rules and regulations for the day-to-day administration of prisons, maintenance of prisoners, and prescribing procedures. So in this case the answer could be C.Source Attribution: Laxmikanth