NCW Recommends National Commission for Prisons, Major Reforms for Women Prisoners

New Delhi, 10th June 2026: The National Commission for Women (NCW) has recommended the establishment of a National Commission for Prisons and proposed a series of sweeping reforms aimed at creating a gender-responsive, humane, and rights-based correctional system for women across India.

The recommendations are part of the NCW’s Law Review 2025–26 report on “Laws Relating to Women in Prisons,” which has been submitted to the Ministry of Home Affairs (MHA) and the Ministry of Women and Child Development (MWCD) for consideration and implementation.

The report, prepared under the leadership of NCW Chairperson Vijaya Rahatkar, is the outcome of an extensive nationwide consultation process involving prison administrators, judicial officers, legal experts, police officials, academicians, civil society organisations and other stakeholders. Regional consultations were held in Patiala, Noida, Dehradun, Aizawl, Hyderabad, Patna, Panaji and Bhopal before culminating in a national consultation at Sri Vijaya Puram in the Andaman and Nicobar Islands on November 22, 2025.

According to the Commission, more than 200 recommendations were received during the consultation process, of which 145 were shortlisted and incorporated into the final report.

One of the report’s most significant recommendations is the creation of a National Commission for Prisons, an independent statutory body tasked with monitoring prison administration, safeguarding prisoner rights, overseeing correctional reforms and ensuring accountability in custodial institutions, with a special focus on women inmates.

The report proposes amendments to several key legislations, including the Model Prisons and Correctional Services Act, 2023, the Prisons Act, 1894, the Model Prison Manual, 2016, the Repatriation of Prisoners Act, 2003, the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023, the Mental Healthcare Act, 2017, the HIV and AIDS (Prevention and Control) Act, 2017, and the Transgender Persons (Protection of Rights) Act, 2019.

Among the major recommendations are the appointment of permanent medical officers, psychiatrists, gynaecologists and nursing staff in prisons, along with mandatory screening for breast cancer, cervical cancer, HIV, Hepatitis-B, anaemia and other gender-specific health conditions. The report also advocates the integration of telemedicine services and comprehensive mental health support systems, including post-release counselling.

For pregnant women prisoners and incarcerated mothers, the Commission has recommended mandatory institutional deliveries in external hospitals, enhanced prenatal and postnatal care, and a provision that birth certificates of children born during incarceration should not mention prisons as the place of birth. It has also suggested increasing the permissible age of children staying with incarcerated mothers from six to ten years.

The report further calls for child-friendly visitation facilities, expanded use of video conferencing and telecommunication systems to maintain family ties, and stronger rehabilitation and reintegration programmes for women after their release. It recommends the establishment of district-level Released Prisoners’ Aid Societies to support former inmates.

Recognising the needs of transgender prisoners, the NCW has proposed separate and safe accommodation facilities, gender-sensitive healthcare services and safeguards against discrimination and harassment. It has also recommended that searches of transgender inmates be conducted only by women officers in a manner that protects privacy and dignity.

On legal reforms, the Commission has proposed mandatory release on personal bond for indigent undertrial women prisoners in bailable offences wherever legally permissible. It has also recommended a presumption in favour of bail for women accused of offences not punishable with death or life imprisonment, along with special consideration for pregnant women, lactating mothers and women with dependent children.

To strengthen women-centric prison administration, the report recommends ensuring that at least 50 per cent of prison personnel are women. It also advocates appointing senior women officers to oversee matters concerning women prisoners, conducting regular gender-sensitivity training for staff, and carrying out periodic inspections by legal and independent oversight authorities.

The Commission has additionally proposed establishing separate women’s prisons in states where the number of women prisoners exceeds fifty, ensuring complete segregation from male inmates, and adopting technology-enabled prison administration and grievance redressal systems.

The NCW stated that the recommendations aim to address long-standing legal and institutional gaps while aligning India’s prison administration with evolving human rights standards and international best practices.