Context
The Supreme Court has expressed concern about overcrowding
in prisons across the country, in some cases beyond 150 per cent of the
capacity, and asked all the high courts to consider the issue as it involves
"violation of human rights". The Supreme Court pulled up state governments
and Union territories over the condition of jails, saying prisoners “cannot be
kept in jail like animals. It was informed that many of the over 1,300 prisons
across the country were overcrowded, even to the extent of more than 600 per
cent. The apex court had, through orders directed preparation of a plan of
action by states and UTs to deal with the issue of overcrowding in prisons and
the proposal was directed to be submitted by March 31, 2017, but not even one
of them gave it.
Background
According to the Prison Statistics India report by the
National Crime Records Bureau (NCRB), India’s prisons are overcrowded with an
occupancy ratio of 14% more than the capacity. More than two-thirds of the
inmates are under-trials. Chhattisgarh and Delhi are among the top three in the
list with an occupancy ratio of more than double the capacity. The prisons are
overcrowded by 77.9% in Meghalaya, by 68.8% in Uttar Pradesh and by 39.8% in
Madhya Pradesh. In absolute numbers, UP had the highest number of under-trials
(62,669), followed by Bihar (23,424) and Maharashtra (21,667). In Bihar, 82% of
prisoners were under-trials, the highest among states. More than 25% of
under-trial prisoners in 16 out of 36 states and union territories have been
detained for more than one year; Jammu and Kashmir tops this list with 54%,
followed by Goa (50%) and Gujarat (42%). UP leads in terms of sheer numbers
(18,214). With over a staggering 3.1 crore cases pending in various courts of
the country, jails across the country will remain overcrowded in the absence of
any effective systemic intervention. Nearly 43% of the under-trial population
accounting for roughly 1.22 lakh under-trials remains detained for more than
six months to more than five years. Many of them have spent more years in
prison than the actual term they would have served had they been convicted.
As a matter of fundamental rights guaranteed by the Indian
constitution, under-trials are presumed innocent till proven guilty. But they
are often subjected to psychological and physical torture during detention and
exposed to subhuman living conditions and prison violence. Many lose their
family neighbourhood and community ties and, more often than not, their
livelihoods. Moreover, prison time attaches social stigma to them as individuals
and as community members. Even their families, relatives and communities are
not immune to disgrace and humiliation. Even after their acquittal,
under-trials find their employability severely jeopardised for none of their
faults.
Causes of Overcrowding
The overcrowding in the prisons can partly be attributed to
delay in the disposal of under-trial cases in the courts and partly to
inadequate capacity of prisons in India to accommodate all the persons required
to be sent to prisons with prisoners mostly belong to the weaker section of
society. According to NCRB records, out of these 2.82 lakh under-trial inmates,
over 55% are Muslims, Dalits and tribals. Collectively, these three communities
form a population of 39% with a share of 14.2%, 16.6% and 8.6% of population
respectively according to 2011 census. But the proportion of prisoners, both
convicted and under-trials, from these communities is larger than their share
in the country’s population. As far as conviction is concerned, they seem to
get convicted faster than the rest as they account for 50.4% of all convicts.
Among Muslims, the community’s share of convicts is 15.8%, slightly above their
representation in population, but their share among under-trials (20.9%) is far
higher. Among all convicts, scheduled castes and scheduled tribes have a
population of 20.9% and 13.7% respectively, which is fairly higher.
Further the policy of granting Probation, Parole, Remission
and Commutation of sentence has not been implemented in letter and spirit. The National
Human Rights Commission of India has observed many discrepancies and
shortcomings in the process of pre-mature release of convicted prisoners
remissions. The Commission has observed that “several instances have come to
the notice of the Commission where certain inmates were not released nor their
cases considered even after they had undergone the imprisonment for over 20
years”. Section 360 of the Cr.P.C 1973 deals with the powers of the court to
release certain convicted offenders on probation of good conduct instead of
sentencing them to imprisonment. However, this facility is not extended
uniformly and impartially.
Remission is a concession which can be granted to prisoners
by the State Government or by the Head of the Prison Department and Superintendent
of Prisons. Remission is intended to be an incentive for good behaviour and
work. The relevant provisions in regard to the suspension and remission of
sentence are contained in Section 432 of the Code of Criminal Procedure. The
provisions of remissions are also arbitrary in nature and do not serve any
purpose in the absence of uniform procedure throughout the country. There are
very few cases in which the accused are released on parole after conviction as
per the Probation of the Offender's Act. Premature release has become highly
politicized and this privilege is given mainly to influential persons.
Under-trials often remain behind bars for years despite the
provisions of Section 436A of the Code of Criminal Procedure, which came into
effect in 2005. This section mandates the release, on personal bond with or
without surety, of under-trial detainees who have been imprisoned for half the
maximum sentence they would have received if convicted for the offence they are
charged with. This section does not apply to those who could be sentenced to
death or life term. There is severe staff crunch with 33% of the total
requirement of prison officials still lies vacant, almost 36% of vacancy for
supervising officers is still unfulfilled.
Consequences of Overcrowding
- Overcrowding adversely affects the health and hygiene of the prisoners.
- Prisoners do not get adequate space in the sleeping barrack as required for a normal human being.
- Overcrowding badly affects the quality of food being provided to the prisoners.
- It hampers reformation process and prison officers find it difficult to manage the daily affairs of the jails.
- It leads to further criminalisation and dominance of hardened criminals.
- It poses serious threat to surveillance and security of the prisons leading to riots and indiscipline.
- Due to overcrowding especially because of increasing number of under-trials, it is difficult to arrange adequate Escort for production in the courts.
- Overcrowding leads to adverse Inmate-official ratio
International Obligations and Guidelines
- The International Covenant on Civil and Political Rights (ICCPR) remains the core international treaty on the protection of the rights of prisoners. India ratified the Covenant in 1979 and is bound to incorporate its provisions into domestic law and state practice. The International Covenant on Economic, Social and Cultural Rights (ICESR) states that prisoners have a right to the highest attainable standard of physical and mental health. Apart from civil and political rights, the so called second generation economic and social human rights as set down in the ICESR also apply to the prisoners.
- The UN standard Minimum Rule also made it mandatory to provide a separate residence for young and child prisoners from the adult prisoners. Subsequent UN directives have been the Basic Principles for the Treatment of Prisoners (United Nations 1990) and the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (United Nations 1988).
Prison Reforms in India
The
All India Jails Manual Committee 1957-59 was appointed by the government to
prepare
a model prison manual. The committee was asked to examine the problems of
prison
administration
and to make suggestions for improvements to be adopted uniformly
throughout
the India. The report was presented in 1960.they not only enunciated principles
for
an efficient management of prisons, but also lay down scientific guidelines for
corrective
treatment
of prisoners.
The
Law Commission in its 78th Report (1979) made some recommendations for easing
congestion in prisons. These suggestions include liberalisation of conditions
of release on bail, particularly release of certain categories of under-trials
on bail. Other methods of reducing overcrowding in prisons may include
extensive use of fine as an alternative punishment for imprisonment, civil
commitment and release on probation.
All India Committee (Mulla Committee) on
Jail Reforms 1980-83 was constituted by the government of India under the
chairmanship of Justice Anand Narain Mulla. The committee recommended:
- · Setting up of a National Prison Commission as a continuing body to bring about modernisation of prisons in India.
- · Total ban on the heinous practice of clubbing together juvenile offenders with hardened criminals in prisons.
- · To constitute an All India Service called the Indian Prisons and Correctional Service for the recruitment of Prison Officials.
- · After-care, rehabilitation and probation should constitute an integral part of prison service.
- · The conditions of prison should be improved by making adequate arrangements for food, clothing, sanitation and ventilation.
- · The prison staff should be properly trained and organised into different cadres.
- · The media and public men should be allowed to visit prison so that they may have first -hand information about the conditions inside prison and be willing to co-operate with prison officials in rehabilitation work.
- · Lodging of under-trial in jails should be reduced to bare minimum and they should be kept separate from the convicted prisoners.
- · The Government should make an endeavour to provide adequate resources and funds for prison reforms.
In the year 1986, a Juvenile Justice Act was enacted and
observation homes, special homes, and juvenile homes were constituted, where
the neglected children and juvenile delinquent can be admitted and the juvenile
delinquent cannot be tried with the non-juvenile delinquent offenders and
cannot be kept within the prison. Many provisions were made regarding the
orders that could be passed against the juvenile offenders and what cannot be passed
against the juvenile offenders. Under this Act juvenile means a boy below the
age of 16 years and a girl below the age of 18 years.
In 1987, the Government of India appointed the Justice
Krishna Iyer Committee to undertake a study on the situation of women prisoners
in India. It has recommended induction of more women in the police force in
view of their special role in tackling women and child offenders.
Following the Supreme Court direction (1996) in Ramamurthy
vs State of Karnataka to bring about the uniformity nationally of prison laws
and prepare a draft model prison manual, a committee was set up in the Bureau
of Police Research and Development (BPR&D). In 1999, a draft Model Prisons
Management Bill (The Prison Administration and Treatment of Prisoners Bill-
1998) was circulated to replace the Prison Act 1894 by the Government of India
to the respective states..
Government Measures
The Government of India has taken various administrative and
legislatives measures for reducing overcrowding in prisons. Some of the
initiatives taken are:
(i)
Establishment of Fast Track Courts (FTCs)
(ii)
Creation of additional capacity of prisons
through the scheme of Modernization of Prisons
(iii)
Launch of National Mission for Justice Delivery
and Legal Reforms
(iv)
Introduction of the concept of plea bargaining
through Section 265 of Cr PC and insertion of a new Section viz. 436-A in Cr PC
on the maximum period for which an under trial prisoner can be detained are
some of the special initiatives taken by the Government of India to reduce
overcrowding in jails.
(v)
The Model Prison Manual 2016 has a dedicated
chapter on ‘Undertrial Prisoners’, which provides guidance on the facilities to
be provided to undertrials viz. legal defence, interview with lawyers, signing
of Vakalatnama, application to Courts for legal aid at Government cost etc.
These measures are also focused at reducing overcrowding in prisons.
(vi)
The National Legal Services Authority (NALSA)
has also been providing free legal services to all under trial prisoners
through its legal service clinics running in jails all over India. NALSA is
also promoting plea bargaining for quick disposal of cases falling within the
parameters spelt out in the provisions of plea bargaining given in Code of
Criminal Procedure.
Way Forward
The Under Trial Review Committees
(UTRCs) should be strengthened. The committee, set up in every district,
deliberates and recommends the release of under-trial prisoners and convicts
who have undergone their sentences or are entitled to be released from jail on
bail or remission granted to them.
Semi-open prisons or open prisons
should be encouraged. It allows convicts to work outside the jail premises and
earn a livelihood and return in the evening. The concept was brought in to
assimilate the convicts with the society and reduce their psychological
pressure as they faced lack of confidence in leading normal lives outside.
The government needs to build more
prisons and employ more staff to make their functioning more transparent and
humane.
