Lok Sabha Question No. 4909 (UNSTARRED), answered on 2019-07-23
Subject: Overcrowding in Jails
Ministry: HOME AFFAIRS
Asked by: Navneet Ravi Rana, Kirit Premjibhai Solanki

## GOVERNMENT OF INDIA

## MINISTRY OF HOME AFFAIRS

## LOK SABHA

## UNSTARRED QUESTION NO. 4909

TO BE ANSWERED ON THE 23 rd  JULY, 2019/ SHRAVANA 01, 1941 (SAKA)

OVERCROWDING IN JAILS

4909.

SHRIMATI NAVNEET RAVI RANA:

DR. (PROF.) KIRIT PREMJIBHAI SOLANKI:

Will the Minister of HOME AFFAIRS be pleased to state:

- (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?

## ANSWER

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.

## 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.

*****

## State/UT-wise No. of Jails, Inmate Population and Occupancy Rate of Jails as on 31 st  December, 2016

| Sl. No   | State/UT          |   Total No. of Jails |   Inmate Population |   Occupancy Rate (in %) |
|----------|-------------------|----------------------|---------------------|-------------------------|
| 1        | ANDHRA PRADESH    |                  112 |                7267 |                    81.8 |
| 2        | ARUNACHAL PRADESH |                    2 |                 214 |                   100.9 |
| 3        | ASSAM             |                   31 |                8611 |                   100.3 |
| 4        | BIHAR             |                   58 |               33102 |                    87.6 |
| 5        | CHHATTISGARH      |                   30 |               18631 |                   189.9 |
| 6        | GOA               |                    2 |                 448 |                    37.5 |
| 7        | GUJARAT           |                   27 |               12438 |                   100.4 |
| 8        | HARYANA           |                   19 |               17654 |                    97.6 |
| 9        | HIMACHAL PRADESH  |                   14 |                2192 |                   116.6 |
| 10       | JAMMU & KASHMIR   |                   14 |                2688 |                    89.6 |
| 11       | JHARKHAND         |                   29 |               17173 |                   111   |
| 12       | KARNATAKA         |                  102 |               14843 |                   107.9 |
| 13       | KERALA            |                   54 |                7073 |                   114.3 |
| 14       | MADHYA PRADESH    |                  123 |               37649 |                   136   |
| 15       | MAHARASHTRA       |                  154 |               31438 |                   119.5 |
| 16       | MANIPUR           |                    5 |                 624 |                    54.4 |
| 17       | MEGHALAYA         |                    5 |                 833 |                   132.2 |
| 18       | MIZORAM           |                    7 |                1161 |                    88.6 |
| 19       | NAGALAND          |                   11 |                 413 |                    28.5 |
| 20       | ODISHA            |                   91 |               15303 |                    85   |
| 21       | PUNJAB            |                   26 |               22598 |                   100.3 |
| 22       | RAJASTHAN         |                  126 |               20363 |                   102.4 |
| 23       | SIKKIM            |                    2 |                 324 |                   131.7 |
| 24       | TAMIL NADU        |                  138 |               14873 |                    65.7 |
| 25       | TELANGANA         |                   49 |                6219 |                    88   |
| 26       | TRIPURA           |                   13 |                 929 |                    42.8 |
| 27       | UTTAR PRADESH     |                   70 |               95336 |                   164.1 |
| 28       | UTTARAKHAND       |                   11 |                4200 |                   124.3 |
| 29       | WEST BENGAL       |                   59 |               22969 |                   109.7 |
|          | TOTAL (STATES)    |                 1384 |              417566 |                   112.6 |
| 30       | A & N ISLANDS     |                    4 |                 183 |                    40.8 |
| 31       | CHANDIGARH        |                    1 |                 768 |                    68.6 |
| 32       | D & N HAVELI      |                    1 |                 120 |                   200   |
| 33       | DAMAN & DIU       |                    2 |                  59 |                    36.9 |
| 34       | DELHI             |                   12 |               14058 |                   179.8 |
| 35       | LAKSHADWEEP       |                    4 |                   7 |                    10.9 |
| 36       | PUDUCHERRY        |                    4 |                 242 |                    58.2 |
|          | TOTAL (UTs)       |                   28 |               15437 |                   153   |
|          | TOTAL (ALL-INDIA) |                 1412 |              433003 |                   113.7 |

# Occupancy Rate =  Inmate Population x 100

Total Capacity

Occupancy Rate <100 shows space available for inmates in prisons.

Occupancy Rate >100 shows overcrowding in prisons.

Source: Prison Statistics India