By G .M. Shakir  (Advocate)

The highest court has recently directed that mobile jammers be installed in jail so that the crime kingpins may not be able to contact their associates out side the jail. This decision is an act for curbing the crimes in jail and at the same time making it possible to stop criminal conspiracy’s in jail or outside, at the same time it shows that the Jail system is not working properly and influential/moneyed person’s like Papu yaddav and others have no difference whether those are In jail or outside jail

In fact, jail system has its own problems. One of the problems which are out come of Jail system is financial problem. The state has to spend a huge amount on jail expenses. The food, clothing and medical care of inmates is a heavy financial problem. At the same time to keep the law and order in jails a large number of police personals are needed. It is not to maintain some persons in jails, the number is very large nowadays and it is increasing every day. Besides nowadays it is urged that maximum facilities in jails may be given under the grab of Reformative measures .At the same time certain persons of financial stability get every sort of facility in the jail and influential persons also get every facility, the problem of going the jail is now treated nothing and it is having no deterrent effect.

Then another problem in jails is moral degradation. As the inmates or deprived of family life, there biological needs are not satisfied by legal means. They become inclined in certain type of crimes and try to satisfy their needs by illegal means. Consequently certain offences of heinous nature like sodomy are practised in jails. It is not always done with the consent but sometimes prison authorities and staff also subject the prisoners to this act. This problem arises also among those prisoners who stay in the jail for considerably long time. Besides, this is not the problem in the developing countries but the most civilized countries are also having this problem. What is being done by American soldiers with the prisoners in the prisons is an eye opener .The jail atmosphere gives rise to another problem. The ordinary Persons who are sent to jail remain in the company of hardened criminals. They have also occasion to meet the dangerous criminals there, they also see that the Persons with dangerous criminal record is respected, some times feared by the jail authorities. The company of dangerous offenders and the facilities given to them make them inclined to commit heinous offences. Instead of getting reformed they become deformed and usually come out of jail to add a new criminal in the list of criminals. The under trials in the jail also fall prey to the serious crimes after they have seen the position in jails.

The problem of crimes in jail is increasing .The treatment by jail authorities with the Woman has made it necessary to change the law on the subject and consequently the Indian Penal code was amended so that the authorities of the jail maybe awarded serious punishment in the case those are guilty of rape with a woman in the jail .

The system Of keeping the criminals in jail seems to have two objects. First it will stop the criminal from committing further criminal activities and in a way to disable him from causing more problems in the society. At the same time he will be deterred from committing further offences. The other object is concerned with the people in general who are not criminals but who live in the society and are having tendencies to become a criminal and the object was to threaten them that they will be deprived of the society in case they violate the law and sending to jail will serve as a deterrent for them. But these two objects are not achieved by going to jail or by maintaining prison system.

Since the jail system has failed to achieve desired objects and it has created so many problems for the state and society a setup is to be searched which may solve these problems. In this connection, Islam has provided a different type of setup for punishing the criminals. There is almost a system of “one time Punishment” which is deterrent and at the same time having no problem. In all the major offences one time punishment has been provided. These major offences are adultery, attributing adultery, treason, theft, drinking, becoming apostate and some other offences as per Quran and Hadith. Same punishment has been provided for a person who is a dacoit .It may be asked what about murder and other all offences affecting human body. in Islam murder is not offence against state and same is the case of offences affecting human body. For this there is retribution/compensation or forgiveness .The Quran says: “ye who believe! the law of equality is prescribed to you in cases of murder; the free for the free the slave for the slave the woman for the woman. But if any remission is made by the brother of the slain then grant any reasonable demand and compensate him with handsome gratitude; this is a concession and a Mercy from your Lord. After this whoever exceeds the limits shall be in grave penalty.” but the Quran does not allow the heir’s Of dead person to make any excess (killing by painful means or disrespecting corpse) with the offender. The Quran says “and slay not the life which Allah hath forbidden save with right. Whoso is slain wrongfully, we have given power unto his heir but let him not commit excess in slaying. Lo! he will be helped.” Chapter17.As for this verse the killer is to be killed in retribution. And in case the heir’s agree, they will be paid an amount for It but they have been directed not to cause hardships for the guilty.

Similar rule is there for the offences affecting human life .The Quran provides “And we prescribed for them therein: The life for the life, and the eye for the eye, and the nose for the nose, and the ear for the ear, and the tooth for the tooth, and for wounds retaliation. But whoso forgiveth it (in the way of charity) it shall be expiation for him. Whoso judgeth not by that which Allah hath revealed: such are wrong-doers.” The law is clear as per the tradition of Prophet (SAW) that if the injured person wants to take recourse to retribution he is free to do so but he may choose to accept something in compensation of the injury. In Islamic jurisprudence most of the crimes are punished according to the theory of “one time punishment “so that the problems which are faced today by the jail authorities may not, Come up .At this time it may be said that there is difference of opinion among the jurists whether there can be punishment Of imprisonment in Islam .The famous writer Abdul Aziz Amir writes “there is a difference of opinion among jurists as to whether the punishment of imprisonment is allowed or not. Some jurists say that in the days of Prophet (saw) and Abu Bakar (RA) There was no jail and both of them have not imprisoned any one ,so imprisoning is not allowed”. At the same time it may be said that there are certain instances were the Prophet(Saw) Kept certain persons in prison and Umar (rA) constructed a jail. Similarly H. Ali (RA) had constructed jail at one place .However this is a debatable question .At the same time it can be said that prisons could be used as temporary an arrangement till the trial of an offence is complete/or the accused is granted bail but the punishment is to be governed according to the modes of punishment in Islam. Those modes are Provided, in detail ,in Quran and Hadith. The jails will have very little role to play and if the “one time punishment” is used in the present circumstances, it will on the one hand lesson the problems of state and at the same time will decrease the crime rate in the society .