'Prisons are a State subject, but prison reform is a national concern.' Examine the role of model legislation and model manuals in prison reform in India.

"Prisons" is a State List subject, yet the problems are national: occupancy stood at 131.4% across 1,330 prisons in 2022 [4]. The Union cannot legislate directly, so it relies on model laws and manuals. These persuade States but do not bind them.

Why prison reform is a national concern

• Colonial legacy: the Union's model Act is meant to replace the Prisons Act, 1894, which still frames most States' prison law [1].
• Uniform rights: Article 21 dignity cannot vary by State. Vulnerable groups such as women inmates and their children need common standards. NHRC's 2026 Advisory therefore addressed nine Union Ministries as well as all States/UTs [5].

Role of model instruments

• Standard-setting: the Model Prison Manual 2016 requires separate women's enclosures with women-only staff. It also lets children up to six stay with their mothers, with a crèche and nursery, following R.D. Upadhyaya v. State of A.P. [3].
• Correctional shift: the Model Prisons and Correctional Services Act, 2023 provides for classification of prisoners and open/semi-open institutions [1].
• Carrying court directions: the Manual was amended in December 2024, on Supreme Court directions, to tackle caste-based discrimination in prisons [3].
• Cooperative federalism: 21 States and all 8 UTs have adopted the Manual [2].

Limitations

• Non-binding: no State had confirmed adopting the Model Act to MHA [2]. Colonial-era laws therefore continue.
• Implementation gap: overcrowding leaves little room for gender-specific facilities [4].
• Fragmented responsibility: health, child welfare and legal aid lie outside prison departments. NHRC's monitoring rests on an Action Taken Report within two months, not on enforcement [5].

Way forward

• Link central assistance to adopting the model Act and Manual.
• Publish State-wise adoption scorecards and NHRC ATRs to create peer pressure.
• Make the model instruments a regular channel for turning judicial directions into reforms.

Model instruments let the Union set a national standard while States keep jurisdiction. Their value depends on States adopting and funding them. With incentives, transparent monitoring and NHRC oversight, they can turn prisons into the correctional institutions that Article 21 and SDG 16 (justice for all) require.