Question : Under-Trials in Prisons

(a) whether it is a fact that the number of undertrials in prisons rose sharply in 2020 and the number of convicts fell;

(b) if so, the details thereof State-wise;

(c) the number of States which have shown highest increase in under-trails during 2020 as compared to 2019 along with the reasons therefor;

(d) whether it is a fact that due to closure of courts and virtual hearing and Covid 19 are responsible for increase in under-trails in prisons; and

(e) the steps taken or being taken by the Government in consultation with States to increase court hearing in regard to these under-trails?

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS
(SHRI AJAY KUMAR MISHRA)

(a) to (c): National Crime Records Bureau (NCRB) compiles prison statistics reported to it by States and Union Territories (UTs) and publishes the same in its annual publication “Prison Statistics India”. The latest published report is of the year 2020. State/UT-wise number of convicts and undertrial prisoners in the jails of the country in last three years are given in Annexure.

(d) & (e): ‘Prisons’/‘persons detained therein’ is a State subject under Entry 4 of List II of the Seventh Schedule to the Constitution of India.


Administration and management of prisoners is the responsibility of State Governments, who are competent to take appropriate steps for providing assistance to undertrial prisoners. State Legal Services Authorities have established Legal Service Clinics in jails with a view to provide free legal assistance to persons in need. There are about 1091 Legal Service Clinics in jails which are operated by Empanelled Legal Services Advocates and trained Para-Legal Volunteers. Such clinics have been opened in jails to ensure that no prisoner remains unrepresented and legal aid and advice is provided to the prisoners. For easing and expediting the justice process, Video Conferencing facility has been enabled between 3240 court complexes and 1272 corresponding jails. E-prisons Software, which is a Prison Management Application integrated with Interoperable Criminal Justice System provides facility to State Jail authorities to access the data of inmates in a quick and easy manner and helps them in identifying inmates whose cases are due for consideration by the Under Trial Review Committee. On directions of the Hon’ble Supreme Court of India, National Legal Services Authority (NALSA) had prepared a Standard Operating Procedure (SOP) for Under-Trial Review Committees. This SOP was also circulated by the Ministry of Home Affairs (MHA) to all States and UTs. The Ministry of Home Affairs has also issued various advisories to States & UTs to adopt various measures for addressing the issues related to the undertrials. These advisories are available on MHA’s website: https://mha.gov.in.
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