The State of Goa attained the status of Union territory soon after Liberation from portuguese Rules in terms of the Constitution (Twelfth Amendment) Act,1961. Later on,the president of India promulagated an Ordinance to provide for administration of Union territories of Goa,Daman Diu and continuance of Portuguese Laws as in force immediately prior to their liberation. The said ordinance was replaced by Parliamentary enactment namely-the Goa, Daman Diu Administration Act, 1962. Evidently, all the portuguese Laws including Portuguese legislation governing prisons in the Union territory were continued till they were replaced by the appropriate corresponding Legislation.The Goa, Daman Diu Removal of Difficulties Order, 1962 was issued for equating certain authorities of erstwhile regime to certain new authorities under new set up in order to carry out functions under erstwhile Portuguese Laws during the transition period.Read More
On 6th Feb,1962 The Prisons Act,1894 was brought into force.Similarly on 2nd Feb,1964, The Transfer of Prisoners Act,1950, The Identification of Prisoner Act,1920, The Prisoners Act,1900,, and The Prisoners Attendance in Courts Act,1920 were brought into force.Based on the said Acts, various set of Rules were compiled and made applicable way back in the late sixties to govern the jails of Goa, Daman Diu. Soon after the liberation the Jail Department was looked after by the Law Department, headed by Law Secretary as Ex-Officio I. G. Prisons. In the year 1975 the Jail has been transferred to Collectorate of North Goa and the Collector of North was appointed as ex-officio I. G. Prisons.
It was realized that the Rules framed under the aforesaid Acts were not meeting the requirements of the inmates in Prisons and the plight of prisoners arose as a critical issue of public policy. The Government has also taken into consideration various directives given by the High Court as well as Apex Court vis-a-vis the modernization of prison system and prison administration in the country. In a case Rammurthy V/s State of Karnataka,the central as well as all States Government were directed by the Apex Court for bringing uniformity in the Laws relating to prisons.
Considering the aspect of bringing uniformity in the laws relating to prisons, the Bureau of Police Research and Development, Ministry of Home Affairs, Government of India, New Delhi formulated Model Prison Manual for the Superintendence and Management of Prisons in India. Based on this Manual, the Government of Goa constituted a Committee under the Chairmanship of District Magistrate to frame the Jail Manual for the State of Goa and to prepare a comprehensive report on amending/reframing the existing Prison Rules. The committee examined various aspects of institutional framework in the prison with regards to implication of the proposed Jail Manual. The Committee recommended relevant amendments to various sets of existing Rules so as to ensure that the Manual is in conformity with the existing Laws.
The Government of Goa adopted the Prison Manual framed by the said committee and based on this Manual, The Goa Prison Rules, 2006 were framed, and now, the Prisons in Goa is governed by these Rules.
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