Key Details
The report argues that prison administration should move beyond custodial management toward a gender-responsive framework focused on health, rehabilitation, dignity, and institutional accountability.
Recommendation Area | Proposed Reform |
|---|---|
Legislative Review | 145 recommendations covering prison laws, manuals, and criminal justice procedures |
Institutional Oversight | Creation of a National Commission for Prisons |
Women’s Health | Mandatory access to gynaecological, mental health, cancer-screening and reproductive healthcare services |
Mothers in Prison | Child co-residence age proposed to increase from 6 years to 10 years |
Undertrial Women | Greater use of bail and personal bonds for indigent women accused of non-serious offences |
Prison Administration | Women to constitute at least 50% of prison personnel |
Transgender Prisoners | Separate accommodation and gender-sensitive search procedures |
Inmate Participation | Introduction of mechanisms such as Nari Bandhi Sabha and regular inmate consultations |
Summary
Rethinking Women’s Experiences in Prison
The National Commission for Women (NCW) has submitted its Recommendatory Report for Law Review 2025–26 on Laws Relating to Women in Prisons to the Ministry of Home Affairs and the Ministry of Women and Child Development.
Developed through consultations across multiple regions of the country, the report proposes 145 recommendationsaimed at aligning prison administration with the specific needs of women prisoners, mothers, undertrials, and transgender inmates.
A Proposal for Independent Prison Oversight
A central recommendation is the establishment of a National Commission for Prisons as an independent statutory body responsible for monitoring prison conditions, protecting inmate rights, promoting rehabilitation, and improving accountability across correctional institutions.
The report also recommends amendments to major prison-related laws and manuals, including the Model Prisons and Correctional Services Act, 2023, the Model Prison Manual, 2016, the Prisons Act, 1894, and relevant provisions under the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS).
Health, Motherhood and Rehabilitation
A major focus of the review is the expansion of healthcare and welfare services for women prisoners.
The report recommends regular screening for breast and cervical cancer, anaemia, HIV, and other health conditions, along with the appointment of specialised medical personnel, including gynaecologists and mental-health professionals.
For incarcerated mothers, the NCW proposes increasing the age up to which children may remain with their mothers in prison from six years to ten years. It also recommends institutional deliveries in hospitals and ensuring that prison details are not recorded on children’s birth certificates.
Inclusion and Custodial Dignity
The report calls for dedicated facilities and safeguards for transgender inmates, including separate accommodation arrangements and gender-sensitive search procedures.
It also recommends increasing the representation of women within prison administration, proposing that women constitute at least 50 percent of prison personnel, supported by greater representation in supervisory and leadership positions.
Reducing Unnecessary Incarceration
Recognising that many women remain in prison due to economic constraints rather than serious criminal offences, the report recommends greater use of bail and personal bonds for indigent women accused of bailable offences.
The report further proposes participatory mechanisms such as Nari Bandhi Sabha and regular inmate consultations to strengthen grievance redressal and improve prison governance.
What is a "Trauma-Informed Care System" in Prison Administration?
A trauma-informed care system in prison administration describes an operational management framework that recognizes the high baseline of past physical, emotional, and social abuse carried by inmates—particularly incarcerated women—and shapes all institutional procedures to prevent re-traumatization. Instead of utilizing aggressive verbal commands, harsh isolation cells, or invasive physical procedures that trigger severe psychological distress, this method trains wardens to prioritize emotional safety, transparent rules, and collaborative behavior management. In public safety planning, deploying trauma-informed tracks across prison hospitals and counseling units is a primary baseline priority, because it systematically lowers inside violence rates, stabilizes inmate mental health, and improves the success of post-release vocational rehabilitation.
Policy Relevance
Introducing Gender-Responsive Prison Governance: The report recognises that women prisoners face challenges—including reproductive health needs, caregiving responsibilities, and vulnerability to abuse—that are often inadequately addressed within prison systems originally designed around male inmates.
Strengthening Independent Oversight: The proposal for a National Commission for Prisons reflects a broader shift toward external monitoring and accountability in correctional administration, similar to reforms seen in other sectors of public service delivery.
Expanding Health and Mental Health Services: The recommendations place greater emphasis on preventive healthcare, trauma-informed support, and mental health services within prisons, areas that have historically received limited policy attention.
Reframing Prison Administration Around Rehabilitation: The report shifts the focus from custodial containment toward rehabilitation, reintegration, and welfare, particularly for women, undertrials, and vulnerable prisoner groups.
Addressing Intergenerational Consequences of Incarceration: Recommendations relating to mothers and children acknowledge that prison policies affect not only inmates but also families and children, making correctional reform a broader social policy issue.
Follow the Full Report Here: Report on “Laws Relating to Women in Prison”