Become a member

Get the best offers and updates relating to Liberty Case News.

― Advertisement ―

spot_img
Homelaw studiesEDUCATION BEHIND BARS: PRISON EDUCATION IN INDIA – FREEDOM TO LEARN IN...

EDUCATION BEHIND BARS: PRISON EDUCATION IN INDIA – FREEDOM TO LEARN IN CONFINEMENT


 

INTRODUCTION

Education has always been championed as a fundamental right—a means not only to acquire knowledge, but a way to empower individuals to reshape their lives. Article 21A of the Constitution of India offers ‘an educational right’ to free and compulsory education. While meant to primarily address children, the intention of Article 21A extends beyond age, class, and circumstance. One area that is often disregarded is the right of prisoners to obtain access to education during their terms. The notion that prisoners should be afforded “the freedom to learn” even while incarcerated raises significant questions related to rehabilitation, the potential for human dignity, and social reintegration.

Education has been promoted as a form of reform in prison systems both internationally and in India. It remains part of the authentic narrative of prison reform; not a punitive approach to punishment. It is a hopeful narrative of education behind bars. From Mahatma Gandhi’s explorations of education as learning while incarcerated, to ongoing reform in institutions such as Tihar Jail, the education behind bars concept illustrates how education can still be a lever of freedom even when an individual is in prison.

THE PHILOSOPHICAL FOUNDATION: LEARNING AS FREEDOM

The right to education for prisoners is based on the understanding of incarceration as the loss of autonomy, but not of another’s basic human rights. The Supreme Court of India in State of Maharashtra v. Prabhakar Pandurang Sangzgiri (1966) recognized that prisoners are not stripped of their fundamental rights- other than in accordance with law. Education is a right, but also a means of rehabilitation.

Mahatma Gandhi spent time as an inmate in Yerwada Jail in 1930-31, and during this time, was able to write The Story of My Experiments with Truth; as well as translating religious texts. Gandhi did not view jail as a loss of freedom, but a moment of deliberation, discipline, and engaging the intellect. He believed that if prisoners obtained literacy as well as an education in moral education, not only could they alter their individual selves but society in its entirety.

This positioning aligns with the United Nations Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules, 2015) outline education as a fundamental piece of humane treatment and as an aspect of rehabilitation.

PRISON EDUCATION IN INDIA: HISTORICAL BACKGROUND

The prison systems in colonial India were mainly punitive in nature, meant to break the spirits of freedom fighters; ironically, those prisons became sites of monumental intellectual production! Leaders such as Jawaharlal Nehru (Discovery of India), Bal Gangadhar Tilak (Gita Rahasya), and Gandhi utilized the process of being imprisoned as a way to learn and write. After Indian independence, these ideas were slowly transformed to a reformative prison system.

The Mulla Committee Report (1980–83) highlighted the key role of vocational training and literacy education in prisons; likewise, the Justice Krishna Iyer Committee (1987) discussed prisoners’ rights concerning education, as an integral aspect of supporting rehabilitative efforts.

Unfortunately, prison education was delivered sporadically – across various States – until the 1990s when the means to support various models of reform began to emerge!

TIHAR JAIL REFORMS: A CASE STUDY

Tihar Jail in Delhi, one of Asia’s largest prisons, stands out as a trailblazer for prison education reform. From 1993 until her retirement, Kiran Bedi, who served as the Inspector General of Prisons, focused on linking education to rehabilitation programs.

Some of the key initiatives included:

• Basic Literacy Drives: Many inmates had never attended school so basic literacy classes were opened, and inmates were encouraged to attend.

• Open University Programs: In collaboration with Indira Gandhi National Open University (IGNOU), prisoners were allowed to take distance learning programs – including undergraduate and postgraduate programs.

• Skills Development: Teaching vocational training in carpentry, tailoring, etc. was linked with academic learning.

• Cultural and Spiritual Education: Yoga, meditation, and reading circles were encouraged for self-discipline and mental well-being.

Reports cite that thousands of inmates studied for and completed formal degrees through IGNOU while incarcerated. In 2011, over 700 Tihar inmates were enrolled in university programs. These reforms established that prison education both curtailed recidivism and provided meaning and purpose for inmates.

COMPARATIVE PERSPECTIVE: PRISON EDUCATION ABROAD

Global examples of prison education integrated into correctional policy help contextualize India’s progress.

1. NORWAY

Norway treats its prisons, including the Halden Prison, as a rehabilitation rather than punishment. Prisons allow education similar to what inmates would receive outside prison. Teachers—not guards—are the agents in rehabilitation. Norway’s recidivism rate is under twenty%, the lowest in the world.

2. UNITED STATES

The US has one of the largest prison populations. Prison education programs in the US have evolved and are not consistent across the country. Studies by the RAND Corporation, 2013 show that prisoners who received education were 43% less likely to return to prison. A restoration of the Pell Grant in 2020 re-established the education of post-secondary programs for prisoners.

3. UNITED KINGDOM

In the UK, the Offender Learning and Skills Service (OLASS) was established to provide structured literacy and numeracy and vocational training to offenders in custody. In recent years, reforms have added digital learning and preparation for prisoners as they return to the workforce after being released.

In summary, while India’s status is promising, its progress is disconnected and still mostly reliant on state decisions, rather than a unified national approach.

CHALLENGES IN INDIA’S PRISON EDUCATION SYSTEM

Despite significant changes, there are still challenges to overcome:

•Overcrowding: The National Crime Records Bureau (NCRB, 2021) estimated that Indian prisons are running at 118% capacity, which has made it difficult for structured educational programs to be implemented.

•Limited Resources: Many prisons lack trained tutors, libraries, or some form of digital infrastructure.

•Stigma and Motivation: All prisoners live with a social stigma and many prisoners carry low self-esteem and limited motivation to engage in education.

•Policy Gaps: The Right to Education (RTE) Act guarantees the right to education up to age 14 but does not provide formal legislation or direction for the education of adult prisoners.

THE WAY FORWARD: REIMAGINING EDUCATION BEHIND BARS

If the “freedom to learn” is to find its way into prisons in India, the country must adopt a rights-based framework for prison education. The recommendations presented above include:

1. A National Policy on Prison Education: National framework will establish a uniform ‘system’ in which basic, secondary and higher education systems can be developed for all prisons.

2. N.E.P. 2020 Interconnectivity: The NEP recognised the concepts of inclusivity, and facilitating digital forms of learning, which can be adapted into our prison systems; for example, e-learning platforms.

3. Public-Private Partnerships: The possibility of NGOs, universities and EdTech companies partnering with prisons to provide classroom courses, digital tools, and mentoring.

4. From Retribution to Rehabilitation: The link between education and employment in post-release, will support rehabilitation, reduce the incidence of reoffending, and the successful reintegration into society;

5. Education that is psychological and moral: Prison education must provide experience-based learning for Ethics, emotional and social intelligence, and collaborative conflict-resolution.

CONCLUSION

Prison education is one of the clearest examples of the idea that learning is freedom. Even surrounded by walls and bars, education gives people in prison the chance to start again and develop self-worth and dignity so that they can eventually return to society. India’s historical experience with prison education, from Gandhi’s writing from jail to the reforms at Tihar Jail, demonstrates that knowledge can liberate when even freedom is restricted.

While fundamental differences with Norway exist, in both the U.S. and the UK, there are strong prison education systems that have positive second-order results for society, including reduced crime rates and a more cohesive society. If we are going to reimagine education in India, we have to extend the promise of education to the most vulnerable in our society, including those behind bars. By engaging prisoners and ensuring they have the freedom to learn, we commit ourselves to the principles of justice, dignity, and humanity that are in the spirit of our Constitution.

REFERENCES

• Supreme Court of India, State of Maharashtra v. Prabhakar Pandurang Sangzgiri (1966).

• Gandhi, M.K., The Story of My Experiments with Truth.

• United Nations, Nelson Mandela Rules (2015).

• Mulla Committee Report on Jail Reforms (1980–83).

• Justice Krishna Iyer Committee on Women Prisoners (1987).

• NCRB, Prison Statistics India 2021.

• RAND Corporation, Evaluating the Effectiveness of Correctional Education (2013).

• Kiran Bedi, It’s Always Possible: Transforming One of the Largest Prisons in the World.

 



Source link