The Centre has extended the Punjab Police and Correctional Services Act, 2006, to Chandigarh.
This allows prisoners to be moved between Chandigarh and other states or Union territories.
The Union home ministry issued the notification on Friday.
It used Section 87 of the Punjab Reorganisation Act, 1966, to extend the Punjab law to the Union territory (UT) of Chandigarh.
The changes are mostly technical. They replace references to the Punjab government with the right authorities in Chandigarh.
Key points
- Prisoners in Chandigarh can be transferred to jails in other states or Union territories, and the reverse.
- Transfers need the consent of the governments concerned and an order from the Chandigarh administrator.
- Tobacco use inside jails is now illegal.
- Flying objects near prisons need prior authorisation.
So who can be moved, and under what conditions?
Prisoners serving sentences can be transferred, including those serving life imprisonment.
This needs the consent of the government concerned and an order from the Chandigarh administrator.
Undertrial prisoners, who are still waiting for their trial to finish, can also be moved.
This can happen in the interest of security, law and order, or public interest.
For undertrials, the transfer needs the consent of both governments.
It also needs approval from the court where the trial is pending.
- 1Consent of the government concernedNeeded to move a prisoner serving a sentence, including life imprisonment.
- 2Order from the Chandigarh administratorThe UT administrator must issue an order for the transfer to go ahead.
- 3Consent of both governmentsFor undertrial prisoners, both states or UTs involved must agree to the move.
- 4Approval from the trial courtFor undertrials, the court where the trial is pending must also approve the transfer.
Graphic: News Anek, from the facts in this report
What else changes inside the jails?
The amended law also deals with monitoring convicts after they are released.
It also changes how electronic surveillance systems are used inside prisons.
The law makes tobacco use in jails illegal. Officials said this was not an offence earlier.
The law also sets no-fly zones around prison premises.
Any aerial operation there needs permission under civil aviation law and approval from the concerned department.
What happens next for the jail department?
A senior UT jail official, who did not want to be named, said the department received the notification on Saturday.
The official said it was examining the provisions in detail.
The move is part of a wider national push for prison reform.
The Ministry of Home Affairs prepared a Model Prisons and Correctional Services Act, 2023, for this purpose.
Explainer
What happened before
- The Model Prisons and Correctional Services Act, 2023, was prepared by the Ministry of Home Affairs as part of reforms to prison administration across the country.
- The Punjab Assembly has passed a bill allowing prisoners' transfer to jails in other states.
Why it matters
Prisoners can now be moved between Chandigarh and other states or Union territories, but only with the consent of the governments concerned. Tobacco use inside jails is now illegal.
What to watch next
- A senior UT jail official said the department was examining the provisions in detail to understand the changes and their implementation.
