Question : Undertrial Detainees

(a) whether the Government has taken note of the numbers of undertrial detainees in Indian prisons and prepared a list of the prisoners who have been serving terms increasing the requisite, awaiting trial;

(b) if so, the reformatory measures being initiated like legal aid or specialized courts;

(c) if not, the alternative measures being planned;

(d) whether the Government is arranging more frequent visits to jails in the country to keep a check on the authorities and the inmates considering that violence and harassment against prisoners have been on a constant rise;

(e) if so, the details of frequency of the visits and the rank of the officers; and

(f) whether the Government is initiating any scheme for jail inmates after they are reformed or released or the increase of the remuneration accorded to prisoners in status quo and if so, the details thereof?

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS
(SHRI G. KISHAN REDDY)

(a) to (c) : This data is not maintained centrally by the National Crime Records Bureau (NCRB) which compiles prison statistics in its publication “Prison Statistics India”. ‘Prisons’ and ‘persons detained therein’ are State subjects as per Entry 4 of List II of Seventh Schedule to the Constitution of India. Administration and management of prisons is the responsibility of State Governments and the States are competent to take necessary reformatory steps for providing legal aid to undertrials and for setting up specialized
-2/...
-2-
LS.US.Q.NO.1719 FOR 02.07.2019
Courts etc. in their jurisdictions. However, the Ministry of Home Affairs (MHA) has supplemented the efforts of States/UTs in Prison Administration and has issued various advisories from time to time, which provide for steps to be taken by States/UTs for providing free legal aid to undertrials and for setting up Special Courts for expediting the review of cases of undertrials. MHA has also circulated the Model Prison Manual 2016 to all States and Union Territories in May 2016, which has a chapter on ‘Legal Aid’ which provides for facilities which may be provided to undertrials viz. legal defence, interview with lawyers, signing of Vakalatnama, application to Courts for legal aid at Government cost etc. The National Legal Services Authority (NALSA) provides free legal service to all under trial prisoners through its legal service clinics running in jails all over India. NALSA has recently prepared guidelines in the form of “Standard Operating Procedure for Under-Trial Review Committees” and has submitted the same to the Supreme Court of India. These guidelines have been circulated by the Ministry of Home Affairs to all States and UTs.

(d) & (e): State/UT-wise details of number of jail inspections by different visitors, including officials, during 2016 as compiled and published by NCRB, are given in Annexure. The details of frequency of such visits and rank of officers is not maintained by NCRB.
(f) : The Ministry of Home Affairs has advised the Ministry of Skill Development to coordinate with Skill Development Departments of States to make provision
-3/...
-3-
LS.US.Q.NO.1719 FOR 02.07.2019
for suitable opportunities for development of skills of prison inmates to facilitate their reintegration with society by providing them employment opportunities post-release. The Model Prison Manual 2016, circulated by the Ministry of Home Affairs to all States and UTs, also has a chapter on ‘After-care and Rehabilitation’ of prison inmates. The Model Prison Manual provides that the wages paid to prisoners should be fair and equitable and the rates should be standardised keeping in view the minimum wages notified by the State Governments from time to time. Since Prisons is a State subject, the State Governments are competent to revise or increase the wages paid to prisoners.