Authored By: Wajiha Ali Namazi
Keshav Memorial College of Law
Abstract
This article is all about identifying the workings of jail, whether it’s helping countries in reduce crimes or just helping offenders to learn more criminal behaviour, the need for reformatory teachings, and whether the jail is a place of peace or a place of learning explained with real world examples results and challenges in Indian prisons, ending with call for action and concluding statements.
Introduction
This article is all about the questions that went through my mind while seeing the increasing crime rates. My mind raised several questions to know more about it. Are jails a place of peace? As many Indian prisoners are repeat offenders, OR are jails are a place of learning, which makes people fear committing crimes. Why are Indian prisons overcrowded? Are there any challenges faced by Indian prisons leading to recidivism, an increase in crimes, and no change in the inmates? Often, meaningful question leads to great findings, and the following can be considered as well-researched material.
Jail as a Place of Peace
While I was interviewing the offender during my internship period, he said the “Life in jail was a way more peaceful than the life I live being free.” That stunned me and triggered me so badly that I started researching it. After which, I got to know that one of the reasons for an increase in repeated offenders is keeping offenders at peace, leading them to feel relaxed inside the jail.
Prisons provide
Food, shelter, clothing, medical facilities, educational facilities, vocational course facilities, work facilities, family visits, salaries as per the work done, and enhancement of skills through professional training, sports, etc.
Real-Life Examples( Peace Inside Prisons):
Norwegian prisoners have the right to vote, attend school, learn new skills, exercise, see their families, and even participate in extracurricular activities. In fact, in many prisons, the security officers participate in activities like fitness and yoga right alongside the prisoners. People still feel valued as other citizens, and they leave prison with skills, confidence, and self-respect so they can become contributing members of society. This is all very deliberate, as Norway’s philosophy seeks to treat prisoners as human beings even as they are incarcerated. This approach is believed to make re-entry into society easier.
Challenges in Indian Prisons:
Standing Committee Report Summary Prison- Conditions, Infrastructure and Reforms ▪ The Standing Committee on Home Affairs (Chair: Mr. Brijlal) submitted its report on “Prison- Conditions, Infrastructure and Reforms”, on September 21, 2023. Key observations and recommendations of the Committee include:
Overcrowding and poor conditions:
Overcrowding: it’s one of the biggest challenges for Indian prisons, which makes the work of the authorities harder than usual. The Indian government spends a fixed amount on prisons, which varies from state to state.
Undertrial prisoners: The 70./. of prisoners are under trail. Bail is usually avoided as the prisoners may manipulate the witnesses and try to flee to other countries to escape the punishment
Young offenders: The lack of clarity in the definition of young offenders is making the job of authorities tougher.
Women prisoners: the women prisoners in the prison will probably give birth to their child in the jail environment, which leads to the birth of prisoners.
Prison staff shortage: The shortage in prison staff is left unnoticed by the prison administrators. This is resulting in undesirable outcomes.
Bail money for undertrials: Most of the amount is spent on the undertrial prisoners rather than the original prisoners.
Food quality: after the interviews conducted by the standing committee on overall they recommended a surprise survey on the food quality.
Repeat Offenders (Recidivism):
The Revolving Door of Crime: Overcrowded prisons also act as crime schools for the under-trial prisoners. As all the prisoners are kept together in the same prison.
Why Jails Are Failing: Structural and Philosophical Problems:
Changes in the placement of prisoners, repeat offenders and the undertrial prisoners:
The changes must be made as the stay of three kinds of prisoners is making the place, i.e, jail as a crime school, which is the worst thing existing that is making the crime rate in India increase day by day.
First-time offender: First-time offenders refer to individuals who have committed a criminal offense for the first time. These individuals often have no prior criminal record and may face legal consequences based on the nature and severity of their actions. First-time offenders are distinct from habitual or repeat offenders.
Repeat offender: An individual who has faced legal conviction for a crime more than once Undertrial prisoners: An undertrial prisoner is an accused person who is kept in judicial custody during the time their case is being heard in the court.
Punishment Philosophy or Impact of Harsh Sentencing: an increase in the crimes is more or less the reason for the harsh punishments in the countries.
The real-world examples :
- Argentina, Mendoza Prison Crime Rate: In 2022, Argentina reported over 4,390 crimes per 100,000 inhabitants, with robberies and thefts being the most common offenses.
- Venezuela La Sabaneta Prison
Crime Rate: While exact figures are scarce, Venezuela has experienced high levels of violence and crime, with significant numbers of homicides reported in recent years. - Russia, Black Dolphin Prison, Petak Island Prison
Crime Rate: Approximately 1,300 offenses per 100,000 people in 2023, with a homicide rate of 6.8 per 100,000 in 2021. - Norway has the lowest recidivism rate and one of the lowest crime rates in the world. The country pays a significant amount each year to support each incarcerated individual, but it also has one of the smallest prison populations, ranking fourth-lowest with
Conclusion: In a world waiting for justice, our approach to their improvement cannot be limited to punishment alone. Prisons, instead of changing the lives, often end with the improved criminal tendencies, especially when there are flaws of overcrowding, poor conditions, and undertrial delays that are ignored. Real-world examples, from Norway’s human-centric model to India’s overcrowded and under-resourced system, show us that prisons reflect not just the justice system, but the society that builds them.
The call for reform is not just about improving infrastructure; it’s about changing mindsets. By separating first-time offenders, investing in education and therapy, and embracing restorative justice, Indian prisons can evolve into spaces of actual transformation rather than quiet breeding grounds for future crime.
It’s time we rethink jails — not just as places of confinement, but as true centres of reformation.
Reference(S):
- First Step Alliance, ‘Norway Prison System Lessons’ https://www.firststepalliance.org/post/norway-prison-system-lessons accessed 29 May 2025.
- PRS India, ‘Standing Committee Report Summary: Prison Conditions’ (2021) https://prsindia.org/files/policy/policy_committee_reports/Standing_Committee_Report_Summary_prison_conditions.pdf accessed 29 May 2025.
- Oxford Review, ‘First-Time Offenders: Definition and Explanation’ https://oxford-review.com/the-oxford-review-dei-diversity-equity-and-inclusion-dictionary/first-time-offenders-definition-and-explanation/ accessed 30 May 2025.
- Justia Legal Dictionary, ‘Repeat Offender’ (Justia, 30 May 2025) https://dictionary.justia.com/repeat-offender accessed 30 May 2025.
- Nyaaya, ‘What Are the Rights of Undertrial Prisoners?’ https://nyaaya.org/nyaaya-weekly/what-are-the-rights-of-undertrial-prisoners/ accessed 30 May 2025.
- Statista, ‘Rate of Reported Crimes in Argentina’ (Statista, 30 May 2025) https://www.statista.com/statistics/1464929/rate-of-reported-crimes-in-argentina/ accessed 30 May 2025.
- Macrotrends, ‘Murder/Homicide Rate in Russia’ https://www.macrotrends.net/global-metrics/countries/rus/russia/murder-homicide-rate/ accessed 30 May 2025.
