BHAJAN MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) "Every saint has a past and every sinner a future, never write off the man wearing the criminal attire but remove the dangerous degeneracy in him, restore his retarded human potential by holistic healing of his fevered, fatigued or frustrated inside and by repairing the repressive, though hidden, injustice of the social order which is vicariously guilty of the criminal behaviour of many innocent convicts. Law must rise with life and jurisprudence responds to humanism."

(2.) Prisons, as penal and correctional institutions, have existed in India and abroad since times immemorial. Prisons confine criminals, convicts and undertrials. The primary purpose of prisons is to isolate or alienate such people from the society. They are jailed for a certain period but the purpose of reformation and rehabilitation is sometimes defeated due to the prison environment and the treatment meted out to prisoners.

(3.) The administration and management of the modern prison system in India is governed by the Prisons Act of 1894, which has its origins in the recommendations of the "Prison Discipline Committee" appointed in 1836 by Lord Macaulay, followed by constitution of four jail commissions to review the system from time to time. The law smacks of colonial prejudices and focuses on rigorous custodial treatment of prisoners while ignoring reformatory measures such as education, skill development, etc.