In the direction of providing quick relief to the poor prisoners lodged in jails for years due to financial constraints. Center The government has taken a big and decisive step. The Home Ministry has comprehensively reviewed and amended the more than two year old guidelines and standard operating procedures (SOP) for effective implementation of the ‘Assistance to Poor Prisoners’ scheme.
Under the new provisions, it will now be made mandatory to form an ‘Empowered Committee’ in every district of the country under the Poor Prisoners Assistance Scheme, which will decide on providing financial assistance to the eligible poor prisoners.
The Home Ministry has clarified that the implementation of this scheme in many states and union territories was very weak and limited to formalities, due to which the basic objective of the scheme to provide early release to economically helpless prisoners could not be achieved. It is in this background that revised guidelines have been issued.
Empowered committee will be formed in every district
According to the new guidelines, the empowered committee formed in each district will include an officer nominated by the District Collector or District Magistrate, Secretary of the District Legal Services Authority, Superintendent of Police, Superintendent or Deputy Superintendent of the concerned jail and the Judge in-charge of the concerned jail nominated by the District Judge. The coordinator and in-charge of the meetings of this committee will be the Secretary of the District Legal Services Authority.
The committee will also be able to appoint a nodal officer if needed. Apart from this, help of jail visiting lawyers, paralegal volunteers, social workers, civil society representatives, district probation officers or other appropriate officers can be taken to assist in the cases of indigent prisoners. This system (Poor Prisoners Assistance Scheme) is being considered important towards making it effective at the grassroots level.
Financial assistance will be provided for bail and fine
The Empowered Committee will assess in each eligible case how much financial assistance is required to grant bail to the prisoner or to pay the fine imposed by the court. Based on the decision of the committee, the nodal officer appointed at the prison headquarters of the state or union territory will take necessary action by withdrawing the funds from the account of the Central Nodal Agency (CNA).
The Home Ministry has also clarified that the amount received under the scheme will be used directly for the expenses related to the release of needy prisoners, so that no poor person remains in jail merely due to lack of money.
Monitoring committee will be formed at the state level
The revised guidelines also make a provision for constituting a monitoring committee at the state government level. This committee may include Principal Secretary (Home/Prison), Secretary (Law Department), Secretary State Legal Services Authority, Director General or Inspector General (Prison) and Registrar General of the High Court. This committee will monitor the functioning of the district level empowered committees and ensure effective implementation of the scheme.
The Home Ministry has also clarified that prisons and the persons imprisoned in them are a subject of the State List, hence the composition of the committee is indicative and the final notification will be issued by the State Governments or Union Territory Administrations at their own level. Funds for the scheme will be made available through the Central Nodal Agency.
The plan was started in 2023
It is noteworthy that (Poor Prisoners Assistance Scheme) was started in the year 2023. Its objective is to provide financial assistance to poor prisoners whose release remains stuck simply because they are unable to pay the bail amount or the fine imposed by the court. Its basic guidelines and SOPs were sent to all states and union territories on June 19, 2023.
However, on December 2, the Home Ministry admitted that the scheme had deviated from its target due to weak implementation. With the new amendments, the Central Government hopes that now poor prisoners will be able to get timely justice and relief.
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