Review of `over-crowding’ in Indian jails

As many jails in India are over-crowded and because under-trial prisoners account for an alarmingly high percentage of the prison population, the Commission has directed all States and Union Territories to send details of the prison population, in a prescribed format, as of 1 January and 1 July every year.

The information received as of 1 July 2000 in respect of all States/Uts, except Meghalaya and Tripura, indicates that the sanctioned capacity of jails in 30 States/Uts is 2,15,981. However, there were 2,79,082 inmates in prisons as of 1 July 2000. Arunachal Pradesh and Lakshadweep reported a nil prison population during this period.

While most of the States/Uts are facing problems of over-crowding in their jails, there are a few States/Uts, where the situation is the opposite.

Of the States/Uts facing the problem of over-crowding, the situation in Delhi is the worst. The over-crowding, expressed as a percentage of authorized capacity, is 221% in Delhi. This is followed by Haryana, where it is 145.2%, Bihar 88%, Madhya Pradesh 73.6%, Orissa 61.7%, Andaman & Nicobar Islands 60.7%, Goa 48.8%, Gujarat 46.6%, Sikkim 39%, Uttar Pradesh 37.4%, Andhra Pradesh 21.8%, Punjab 19.9% and Karnataka 16.9%.

Some States have relatively manageable prison population. These include Assam, whose excess population, expressed as a percentage of authorized capacity is 10%, followed by Maharashtra 9.6%, Mizoram 6.5% and Dadra & Nagar Haveli 5%.

Of the States/Uts having `idle capacity’ in their jails, Daman & Diu has 26.7% of occupancy of its total authorized capacity, Manipur 28.1%, Jammu & Kashmir 40%, Chandigarh 42.2%, West Bengal 58.8%, Nagaland 68.5%, Rajasthan 81.3%, Himachal Pradesh 89.1%, Pondicherry 89.8%, Kerala 93.3% and Tamil Nadu 97.5%.

Of the 30 States/Uts from which data have been received, 24 indicate that more than 60% of the prison population comprises undertrials. The highest percentage of undertrials is reported from Dadra & Nagar Haveli. Here 100% of the prison population comprises undertrials. In Jammu & Kashmir it is 90.5%, Manipur 90%, Nagaland 89.8%, UP 88.7%, Bihar 85.3%, Karnataka 84.2%, Delhi 83.5%, Mizoram 80%, West Bengal 78.1%, Orissa 77.2%, Tamil Nadu 76%, Sikkim 75.5%, Chandigarh 75.1%, Andaman & Nicobar Islands 74%, Rajasthan 71.4%, Andhra Pradesh 70.6%, Assam 70.5%, Haryana 70%, Maharashtra 69.8%, Punjab 67.4%, Kerala 66.4%, Gujarat 64.2% and Goa 61.9%.

The percentage of female prisoners as against the total prison population of the country is 3.3. The highest percentage of female prisoners is reported from Mizoram, where it is 9%. In Tamil Nadu it is 8.2%, Pondicherry 7.2%, Manipur 6.9% Chandigarh 6.4%, Punjab 5.4%, West Bengal 5%, Delhi 4.9%, Dadra & Nagar Haveli 4.8%, Haryana 4%, Maharashtra 3.7% and Himachal Pradesh 3.5%.

The Commission will soon be writing to all States asking them concerning the measures being taken by them to tackle the problem of over-crowding. The Commission will thereafter make comprehensive recommendations in this regard.