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Reforming Incarceration: A Comparative Legal Analysis of Prison Reform in India, the United Kingdom, and the United States in the 21st Century

Dr. Sona Kumar (Associate professor, ITM University, New Raipur)

Shyamali Naidu (PhD Scholar, ITM University, New Raipur)

Abstract

This research paper presents a comparative legal analysis of prison reform frameworks in India, the United Kingdom, and the United States. While each country operates within distinct constitutional, legislative, and socio-political paradigms, they all face the shared challenge of balancing incarceration with rehabilitation and human rights. India’s system is still governed by colonial-era laws like the Prisons Act, 1894, though judicial activism has expanded prisoner rights under Article 21 of the Constitution. The United Kingdom, with a rights-based approach under the Human Rights Act 1998, focuses on rehabilitation, transparency, and community reintegration, albeit grappling with resource shortages and mental health crises. In contrast, the United States, despite robust constitutional safeguards under the Eighth Amendment, suffers from systemic racism, mass incarceration, and the proliferation of private prisons. By analyzing legal provisions, landmark judgments post-2020, and empirical incarceration data, the paper highlights the gap between legislative intent and carceral realities. The study further recommends targeted reforms such as restorative justice, non-custodial alternatives, and greater judicial oversight. Ultimately, it argues that prison reform must be grounded in constitutional morality, equity, and global human rights standards to be truly transformative across jurisdictions.

Keywords:
Prison Reform, Human Rights, Incarceration, Constitutional Law, Comparative Justice Systems