India. When fair allowance has been made for the climate of the country and the habits of the people, we doubt whether India will not bear a comparison even with England, where for some years past more money and attention has been expended to secure the health and bodily comfort of prisoners than has ever been the case in any other country of Europe. … It appears to us that that which has elsewhere been deemed the first step of prison reform has been already taken in India. What after many years was the first good effect of the labours of Howard and Neild in England has already been achieved here. There is no systematic carelessness as to the circumstances of the prisoner, no niggardly disregard of his natural wants; he is not left to starve of cold or hunger or to live on the charity of individuals; he is not left in filth and stench to sink under disease without an attempt to cure him; he is not able to bribe his gaoler in order to obtain the necessaries which the law allows him. With us in England, the second stage of prison reform seems to be nearly the present state of prison discipline in India. The physical condition of the prisoner has been looked to, but nothing more, and the consequences here as in England have been that a prison, without being the less demoralising, is not a very pleasant place of residence. … The proportion of distinct civil gaols to all other gaols is very honourable to the government. The mixture of the two sexes in Indian prisons is unknown, and in general the separation of tried and untried prisoners is at least as complete in India as in other countries. We allude to these things, not to give more credit to the Indian government in these matters than it deserves, but to show that although we have found much fault and recommend many reforms, we do not overlook the fact that much has been already done.”
The second stage in Indian prison reform was the appointment of an inspector-general of gaols for every province. This was first tried as an experiment in the North-western Provinces after some hesitation on the part of the government, and it was proved conclusively by comparison with the statistics of former years “that the prisoners were generally more healthy, better lodged, fed and clothed, that the gaol discipline had been much improved and that the expenditure had been reduced” in those prisons which had been placed under the supervision of an inspector. Upon this evidence the government decided to make the office a permanent one, and it was finally established in 1850 in the North-western Provinces and shortly afterward in the Punjab, Bengal, Madras and Bombay.
The third important measure toward prison reform in India was initiated in the North-western Provinces. Until 1860, the management of the district gaols had been in the hands of the magistrates of the surrounding country, but it was found that owing to the increased pressure of work in the administration they were unable “to find time to regulate the management, economy and discipline of the local prison with the care and exactness which the pecuniary interests of the government and the purposes of civil administration demand.” Therefore the civil surgeon, who had formerly had charge of the medical department only of the local gaol, was now given the entire management. This change was finally sanctioned by the government in 1864, after due trial which showed that there had been an improved discipline and an improved economy in all the gaols in which the experiment had been tried. In 1864 two other important reforms were introduced: first—that no central gaol (intended for all prisoners sentenced to a term exceeding one year) should be built to accommodate more than one thousand persons; and second—that the minimum space allowed to each prisoner should be 9 feet by 6, or 54 superficial feet, and 9 feet by 6 by 12, or 648 cubic feet.
Some of the many difficulties in the way of prison reform besides those of finance are summed up in Lord Auckland’s resolution upon the prison committee’s report.
“Every reform of prison discipline is almost of necessity attended at the outset with extraordinary expense. To exchange the common herding together of prisoners of all descriptions for careful classification; to substitute a strict and useful industry for idleness or for a light, ill-directed labour; to provide that the life which is irksome shall not also be unhealthy, and that the collection of the vicious shall not be a school of vice—are all objects for the first approach of which large buildings must be erected, machinery formed and establishments contrived, and in the perfect attainment and maintenance of which great disappointment has after every effort and expense in many countries ensued. In no country is it likely that greater difficulty will be experienced than in this for the mere locality of the prison; that which is healthy in one season may become a pesthouse by a blast of fever or cholera, in another. For its form—the close yard which is adapted for classification and is not unwholesome in England, would be a sink of malaria in India. For food, for labour and for consort there are habits and an inveteracy of prejudice bearing upon health, opposing the best management of prisons such as are not to be encountered elsewhere, and superadded to all this is the absence of fitting instruments for control and management, while it is principally upon a perfect tact and judgment and an unwearying zeal that the success of every scheme of discipline has been found to depend.”
The classification of the gaols in the North-western Provinces and Oude is made according to the number of persons they can hold, as follows: the central prisons of the first, second, third and fourth class; the district prisons, and the lock-ups. In the central prisons, all prisoners sentenced to rigorous imprisonment for any period exceeding six months are confined; in the district prisons all prisoners sentenced to terms not exceeding three months are sent for every kind of crime, also civil prisoners and prisoners committed for trial at the sessions court; in the lock-ups all prisoners under trial before any court are lodged.
There are no reformatories for juvenile offenders in India. The government has so far considered that there is no need for their establishment. This conclusion has been arrived at by a comparison between the state of civilisation in the European countries which have adopted this plan of dealing with juvenile criminals and that of India. In the former there is a large class of vagrant, deserted and neglected children, which is quite unknown in the latter country. The following figures will serve to show the truth of this assertion. In Ireland, in 1866, out of a population of 6,000,000, there were 1,060 juveniles, under sixteen years, committed to prison for various offences; whereas in the whole of India, with a population of more than 150,000,000, the commitment of juveniles was about 2,000 in the same year.
In the presidency of Bombay there is an institution of very much the same nature as a reformatory, called the David Sasson Industrial and Reformatory Institution, which owes its origin to private benevolence, but which now receives some support from public resources. It is quite separate from the gaols and under different management and control.
In the North-western Provinces “all boys and lads under eighteen years of age, sentenced to periods of imprisonment for three months, are transferred as soon after sentence as possible to the nearest central prison, where they are placed under a regular system of education with training in industrial labour; they are confined in separate cells at night wherever there are a sufficient number of these for their accommodation, which is the case at Meerut, Agra and Gorruckpore, and at all prisons they attend school and labour for fixed periods during the day under directors specially employed for that purpose. Boys, whether confined in separate cells or association, are kept, day and night, entirely separate from the adult prisoners.” In the Punjab there is a reformatory in connection with the gaol of Goordaspore to which boys sentenced to more than six months’ confinement are sent. This reformatory was first established in the Sealkote gaol in 1862, but was subsequently removed to Goordaspore. The warder in charge, the gaol officials, the inspectors and the teacher approved by the educational department, are the only adults allowed to enter this yard. In the majority of district gaols there is a special yard set aside for juvenile prisoners, and in those gaols, where no such yard exists, when juvenile prisoners are received they are placed in cells, or other arrangements are made for separating them from the rest of the prisoners at night, and during the day they are made to work in a part of the yard by themselves. In the Lahore central gaol there is a separate yard for juveniles under a specially selected warder.
Nearly every presidency and province of India has its gaol code, drawn up under the sanction of the Prison Acts. That of Bengal was compiled by Frederic J. Mouat, M. D., and was introduced in the year 1864. “It borrowed freely,” he says, “from all the existing European and Indian rules which seemed to me to be suited for introduction in lower Bengal, and contained some special provisions based upon my personal experience, and study of prison systems