Commission suggests measures to reduce congestion of under-trials in prisons

The plight of under-trial prisoners in the country has long been of concern to the National Human Rights commission. In a recent letter to the Chief Justices of all High Courts, the Chairperson of the Commission, Dr. Justice A.S. Anand accordingly suggested the regular holding of special courts in jails and monitoring by the Chief Justice/senior Judge of the High Court, monthly review of the cases of under-trials, release of under-trials on personal bonds and visits by District and Sessions Judges to jails.
The Supreme Court, in its judgment in Common Cause Vs. Union of India, has issued clear directions for release on bail and for discharge of certain categories of under-trials specified in that judgment. The Commission emphasized the need for a monthly review of the cases of under-trials in the light of this judgment.
A number of under-trials are found to be languishing in jails even after being granted bail simply because they are unable to raise sureties. The Commission suggested that cases of such under-trials could be reviewed after 6-8 weeks to consider their suitability for release on personal bonds, especially in cases when they are first offenders and punishment is also less than 2/3 years.
The Jail Manuals of all the States contain provisions for the periodic visit of the District and Session Judge, as an ex-officio visitor, to jails falling within their jurisdiction. Besides ensuring an overall improvement in the management and administration of the prison, such visits can help in identifying the cases of long-staying under-trials, which need urgent and special attention. The Commission has observed a marked improvement in the situation in the States where this obligation is being discharged seriously and sincerely by the subordinate judiciary. The Commission, therefore, stressed the need to issue directions for such visits by all the ex-officio visitors to jails falling in their jurisdictions.
The Commission also requested the Chief Justices of all High Courts to keep it informed of the action taken on the above suggestions in order to enable the Commission to circulate such information to other States with a view to bringing about “uniformity” as well as “intensity”. Additionally, the Commission sought their suggestions on ways to deal with the problems of under-trial prisoners.
Despite several pronouncements of the Hon’ble Supreme Court of India and certain High Courts on the subject, the Commission has found that under-trial prisoners are languishing in jails in large numbers all over the country. Slow progress of cases in Courts and the operation of the system of bail to the disadvantage of the poor and the illiterate prisoners is responsible for the pathetic plight of these “forgotten souls” who continue to suffer all the hardships of incarceration although their guilt is yet to be established. It is the overwhelming congestion of under-trials in jails which is making it difficult for the Prison Administration to ensure that the basic minimum needs of the prisoners such as accommodation, sanitation and hygiene, water and food, clothing and bedding and medical facilities are satisfied.
For the past two years, the Commission had been conducting a biannual analysis of the prison population by obtaining data from all the States/Union Territories as of 30 June and 31 December of each year. The analysis of the prison population as of 30 June 2002 indicated that:
i) The prison population of the entire country was 3,04,813 against the built-in capacity of 2,32,412. It shows an overcrowding of 31.2% for the country as a whole. However, in some States/UTs such as Delhi, Jharkhand, Chhatisgarh, Gujarat, Haryana and Bihar, the prison population is 2 to 3 times of the total capacity of all the jails.
ii) Under-trials constitute about 75% of the prison population in the country as a whole. The proportion of under-trials to the total prison population is 80% or more in 7 States and one U.T. It is 100% in the Union Territory of Dadra and Nagar Haveli.