(a) the number of jails in the country, State-wise;
(b) the number of persons lodged in the jails, State-wise including Maharashtra;
(c) the total number of jails where the occupancy rate is more than 100 per cent,
State/UT-wise; and
(d) whether the Government has formulated any plan to reduce overcrowding in jails and if so, the details thereof?
MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS
(SHRI G. KISHAN REDDY)
(a) & (b) : National Crime Records Bureau (NCRB) compiles prison statistics in its publication “Prison Statistics India”. Published reports are available till the year 2016. State/UT-wise number of jails in the country and number of inmates lodged in the jails are given in Annexure.
(c) : Specific information on the number of jails where the occupancy rate is more than 100 percent is not maintained by the NCRB. However, State/UT-wise occupancy rate of jails as on 31.12.2016 are given in Annexure.
(d) : ‘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. However, the Ministry of Home Affairs (MHA) has issued advisories to States & UTs for steps to be taken by them for providing free legal aid to undertrials and for setting up Lok Adalats / Special courts in prisons for expediting the review of cases of undertrials.
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LS.US. Q.NO. 4909 FOR 23.07.2019
MHA has also circulated the Model Prison Manual 2016 to all States and Union Territories, 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 had recently prepared guidelines in the form of “Standard Operating Procedure (SOP) for Under-Trial Review Committees”. The SOP has been circulated by the Ministry of Home Affairs to all States and UTs on 18.2.2019.
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