HARMONISING THE MODEL PRISON MANUAL (2016) WITH THE MODEL PRISONS ACT (2023): LEGAL GAPS AND DRAFTING CONFLICTS

AUTHOR – ASHWANI KUMAR* & PROF. AMBAR SRIVASTAVA**

* LAW STUDENT, LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN

** PROFESSOR AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN

BEST CITATION – ASHWANI KUMAR & PROF. AMBAR SRIVASTAVA, HARMONISING THE MODEL PRISON MANUAL (2016) WITH THE MODEL PRISONS ACT (2023): LEGAL GAPS AND DRAFTING CONFLICTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 682-691, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The Model Prison Manual (2016) together with the Model Prisons Act (2023) depict India’s boldest attempt to overhaul prison administration and align it with a right, based correctional framework. But, the existence of a non, binding administrative manual alongside a newly enacted statutory regime has led to significant legal and operational tensions. This paper explores how far the 2016 Manual’s reform, oriented standards, these include prisoner rights, health, welfare, gender, sensitive protocols, rehabilitation, staff training, and oversight, are either in harmony or in conflict with the 2023 Act’s provisions.

By means of doctrinal comparison, the research points out the major issues in draft work such as conflict of definitions, lack of disciplinary chapters, unclear normative hierarchy, and instances where the manual is more progressive in terms of safeguards than the Act is either weaker or omits. Besides these, the study throws light on the structural problems that arise because of India’s federal setup where prisons come under state jurisdiction. This results in different pace of implementation, resource gaps, and divergent rules at the state level, which make it difficult to achieve harmonisation.

The article ends with the argument that the 2023 Act entails a risk of reinforcing a security, dominated approach if it is not accompanied by a definite mechanism for the integration of the reform principles of the Manual at the statutory level. According to the paper, the final outcome of prison governance in India should be a coherent, humane, and accountable system which can be achieved through a harmonisation roadmap comprising of the suggested amendments, unified standard operating procedures, periodic compliance audits and incorporation of constitutional rights jurisprudence.