Question : Undertrial Prisoners

(a) the number of undertrial prisoners and the average number of days spent as undertrials in prison during the last three years and the current year, State-wise along with the capacity of prisons in each State;

(b) the percentage of undertrial prisoners who were acquitted by the courts later;

(c) whether the Government is aware about the massive violations of human rights of prisoners due to overcrowding, poor hygiene and sanitation facilities and physical and psychological torture in prisons;

(d) if so, the steps taken by the Government to ensure that human rights of prisoners are protected;

(e) whether the Government is aware of the Sanganer Open Prison in Rajasthan; and

(f) whether the Government would like to encourage more open prisons and if so, the details thereof?

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS
(SHRI G. KISHAN REDDY)
(a): National Crime Records Bureau (NCRB) compiles prison statistics reported to it by States and Union Territories (UTs) and publishes it in its annual report “Prison Statistics India”. The latest published report is of the year 2018. Details of State/UT-wise capacity of prisons, number of undertrial prisoners and their duration of confinement in prisons during the years 2016, 2017 and 2018 are given in Annexure-I to III respectively.
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LS.US.Q.NO.3827 FOR 17.03.2020
(b): State/UT-wise number of prisoners acquitted by Courts during the years 2016, 2017 and 2018 are given in Annexure-IV.

(c) & (d): ‘Prisons’ and ‘persons detained therein’ are ‘State’ subjects as per Entry 4 of List II of the Seventh Schedule to the Constitution of India. Administration and management of prisons is the responsibility of respective State Governments who are competent to take appropriate steps to safeguard the human rights of inmates, arising out of various situations. However, the Ministry of Home Affairs (MHA) has issued various advisories to States and UTs for adoption of measures to improve the condition of prisons and, inter-alia, address the issue of overcrowding, sanitation, medical assistance and physical as well as psychological well being of inmates. A Model Prison Manual, 2016 has also been circulated to all States and UTs, which provides detailed guidance to them on wide ranging issues of prison reforms like Custodial Management, Welfare of Prisoners, Medical Care and Maintenance of Prisoners etc.

(e) & (f): Yes, Sir. Presently, there are 77 open prisons in the country as on 31.12.2018. In the Model Prison Manual, 2016 circulated to all States and UTs by MHA, there is a chapter on ‘Open Institutions’, which provides detailed guidance on establishing Open Prisons. ‘Prisons’ being a ‘State’ subject, States and UTs are competent to set up open prisons in their jurisdictions.