• The conditions in detention facilities in the Philippines, which have been described as “inhumane” by one of the country’s Supreme Court judges, are expected to improve dramatically as the country moves towards adopting rules which focus on the human rights and dignity of prisoners and recommend the minimum standard of treatment across detention facilities.

• The Rules aim to ensure that all prisoners are treated with respect and dignity and are not discriminated against. The environment in which these prisoners are accommodated is central to this requirement.

• The Philippines ranks alongside the Democratic Republic of the Congo, Haiti and Uganda in terms of prison congestion with detainees living in chronically overcrowded and cramped facilities.

• At Manila City Jail, some 3,200 men are accommodated in a facility with a capacity of 1,200, with men “sleeping like sardines”, according to the Supreme Court judge Justice Maria Filomena Singh.

• The jail, which houses mainly people in pre-trial detention, was built in 1867. Temperatures in the crowded dormitories can reach up to 40°C and so do not meet the Rules requirements of “due regard being paid to climatic conditions and particularly to cubic content of air, minimum floor space, lighting, heating and ventilation”.

Nelson Mandela Rules

• ‘The United Nations Standard Minimum Rules for the Treatment of Prisoners’, commonly known as Nelson Mandela Rules, were adopted by the UN General Assembly in December 2015.

• The Nelson Mandela Rules are named after the former South African President who was unjustly incarcerated for 27 years.

• The 122 provisions of the Nelson Mandela Rules represent the universally acknowledged blueprint for prison management in the 21st century. They outline minimum prison conditions, provide guidance, and set clear benchmarks for prison staff on how to uphold safety, security and human dignity.

• They are the universally recognised blueprint for good prison management in the 21st century.

• The United Nations Office on Drugs and Crime (UNODC) is the custodian of the Rules.

Basic principles

i) Humane Treatment: Every prisoner is a human being who deserves to be treated with respect and dignity. This principle imposes an absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment, which cannot be justified under any circumstances whatsoever.

ii) Non-Discrimination: The Nelson Mandela Rules should be applied without discrimination based on race, colour, gender, language, religion, political or other opinion, national or social origin, cultural identity or any other status, such as sexual orientation. The principle of non-discrimination also includes an obligation to protect the rights of prisoners with special needs by adjusting the prison regime accordingly. Prisoners with physical or mental disabilities, for example, should have meaningful access to prison life

iii) Normalisation: The duty of prison administrations and prison staff is to manage the deprivation of liberty imposed by the State, but not to inflict further hardship. To maintain and increase prisoners’ social reintegration prospects, life inside prison should be as similar as possible to life in the outside community, including services of a comparable quality and regular contact with families and significant others. Otherwise, prisoners are at risk of becoming institutionalised. The longer they are in prison, the more likely they are to lose their ability to live a regular and self-supporting life when they are released.

iv) Safety and Security: Prisons should provide a safe and secure environment at all times. This principle is not limited to following effective and humane security practices and protocols. It should also include measures to ensure the continued safety and well-being of prisoners in the course of their imprisonment, as well as the safety of prison staff, service providers and visitors.

v) Tailored Rehabilitation: The primary purpose of a prison sentence is to protect society from crime and to reduce reoffending. This can only be achieved if the time in prison is used to support the willingness and ability of prisoners to lead a law-abiding and self-supporting life upon release. All rehabilitative services, including education, vocational training and other programmes should be in line with the individual needs of prisoners.

History of the Rules:

• The origin of the rules dates back to the year 1955 when — following the atrocities of two World Wars — the UN Member States decided to formulate and adopt internationally acknowledged minimum conditions for the treatment of prisoners. 

• UN Member States adopted the Standard Minimum Rules for the Treatment of Prisoners (SMRs) during the first UN Congress on the Prevention of Crime and the Treatment of Offenders. 

• For more than 60 years, these rules were the universally acknowledged standards for the management of prison facilities and the treatment of prisoners. They had tremendous influence on the development of prison laws, policies and practices across the globe.

• In December 2015, following a revision process of more than five years, the UN General Assembly adopted by consensus the revised ‘UN Standard Minimum Rules for the Treatment of Prisoners’. They were named the “Nelson Mandela Rules”, in honour of the late president of South Africa who was imprisoned for 27 years due to his struggle for justice and human rights.

• The Nelson Mandela Rules are “soft law”, which means they are not legally binding. National law takes precedence. But this does not mean they don’t matter. 

• The UN General Assembly, which represents the international community, has adopted them as universally agreed minimum standards. Many UN Member States have incorporated the provisions of the rules into their domestic laws or are in the process of doing so. 

Nelson Mandela Rules in India

• ‘Prisons’ and ‘persons detained therein’ are state subjects as per Entry 4 of List II of Seventh Schedule to the Constitution of India. Administration and management of prisons and inmates is the responsibility of respective state governments.

• Considering its importance, the Union Ministry of Home Affairs has been providing necessary support and guidance to the States/Union Territories (UTs) for efficient management of prisons in their jurisdictions. 

• The Ministry of Home Affairs has issued various advisories to states and UTs in this regard. 

• States and UTs are competent to take appropriate action to ensure that the Nelson Mandela Rules are followed in prisons. 

• The Ministry of Home Affairs had circulated the Nelson Mandela Rules to all states and UTs and had advised them to have these rules translated in local language and disseminate the guidance contained therein to all prison officials to ensure that these rules are followed by the officials concerned in dealing with prison inmates.

• The Ministry of Home Affairs, through the Bureau of Police Research and Development (BPRD), in consultation with various stakeholders, including state prison authorities, correctional administration experts, etc, had prepared a ‘Model Prisons and Correctional Services Act, 2023’ and forwarded it to all states and UTs on May 10, 2023, for adoption in their respective jurisdictions. 

• The Model Act is a comprehensive document which covers all relevant aspects of prison management — security, safety, scientific & technological interventions, segregation of prisoners, special provision for women inmates, taking appropriate action against criminal activities of prisoners in the prison, grant of parole and furlough to prisoners, their education, vocational training and skill development, etc.

• The Model Act has appropriate provisions for reformation, rehabilitation and integration of prisoners in the society. 

• It also has provision for ‘Welfare Programs for Prisoners’ and ‘After-Care and Rehabilitation Services’, as an integral part of institutional care.

• Prison being a state subject, it is for the respective state governments to make use of the guidance provided in the Model Prisons and Correctional Services Act, 2023 and enact a suitable legislation on prisons in their jurisdictions for bringing improvement in prison management and administration of prisoners.

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