MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS
(SHRI HANSRAJ GANGARAM AHIR)
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L.S.US.Q NO. 2775 FOR 13.03.2018
(a) : The Ministry of Home Affairs has prepared a Model Prison Manual 2016 and has circulated it to all States and Union Territories for their guidance and adoption. The Manual emphasizes on adoption best practices in prisons across the country along with established international instruments of prison administration. The Model Prison Manual provides for minimum accommodation space per prisoner in Sleeping Barracks as 3.71 Sq. meters and 8.92 Sq. meters of ground area in Cells.
(b): State/UT wise details of total number of jails across the country, its capacity, inmate population, and occupancy rate, as on 31.12.2016, as compiled by the National Crime Records Bureau, are given in Annexure I.
The large number of undertrials who are on trial in courts of law, is a major cause of overcrowding in prisons.
(c) to (e) : State/UT wise details of number of undertrial prisoners as on 31.12.2016, as compiled by the National Crime Records Bureau, are given in Annexure II.
‘Prisons’ is a State subject as per entry 4 of List II of the Seventh Schedule to the Constitution of India. Administration and management of prisons is primarily the responsibility of respective State Governments. However, the Government of India has been providing regular guidance to State Governments in prison management through various advisories issued from time to time.
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L.S.US.Q NO. 2775 FOR 13.03.2018
The Government of India has taken various administrative and legislatives measures for reducing overcrowding in prisons. Some of the initiatives taken are: (i) Establishment of Fast Track Courts (FTCs), (ii) Creation of additional capacity in prisons through the scheme of Modernization of Prisons, (iii) Launch of National Mission for Justice Delivery and Legal Reforms, and (iv) Insertion of a new section viz. 436A in the Criminal Procedure Code etc. The Ministry of Home Affairs has issued several advisories to States and UTs providing guidance on various measures which can be used to address the issue of overcrowding in jails. These advisories are available on the website of Ministry of Home Affairs.
Introduction of the concept of plea bargaining through Section 265 of Cr PC and insertion of a new Section viz. 436-A in Cr PC on the maximum period for which an under trial prisoner can be detained are some of the special initiatives taken by the Government of India to reduce overcrowding in jails.
Besides the advisories issued from time to time, Model Prison Manual 2016 was also forwarded by the Ministry of Home Affairs to all States and Union Territories in May 2016. The Prison Manual has a dedicated chapter on ‘Undertrial Prisoners’, which provides guidance on the facilities to be
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L.S.US.Q NO. 2775 FOR 13.03.2018
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) has also been providing free legal services to all under trial prisoners through its legal service clinics running in jails all over India. Empanelled Legal Services Advocates and trained Para-Legal Volunteers man these clinics. NALSA has advised the District Legal Services Authorities to take urgent action to ensure that bail orders in respect of under trial prisoners are passed under Section 436 A of Code of Criminal Procedure without delay. NALSA is also promoting plea bargaining for quick disposal of cases falling within the parameters spelt out in the provisions of plea bargaining given in Code of Criminal Procedure. All these measures are intended to help the States and UTs to address the issue of overcrowding in prisons.
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