Lok Sabha Question No. 1719 (UNSTARRED), answered on 2019-07-02
Subject: Undertrial Detainees
Ministry: HOME AFFAIRS
Asked by: H. Vasanthakumar

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 1719

TO BE ANSWERED ON THE 02 nd  JULY, 2019/ ASHADHA 11, 1941 (SAKA) UNDERTRIAL DETAINEES

1719. SHRI H. VASANTHAKUMAR:

Will the Minister of HOME AFFAIRS be pleased to state:

- (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?

## ANSWER

## 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

## 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

## 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 'Aftercare 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.

## LS.US.Q.NO.1719 FOR 02.07.2019

## Annexure

## State/UT-wise Number of Jail Inspections by Different Visitors during 2016

| Sl. No.   | State/UT          | Jail Inspections   | Jail Inspections   | Jail Inspections   | Jail Inspections   | Jail Inspections   |
|-----------|-------------------|--------------------|--------------------|--------------------|--------------------|--------------------|
|           |                   | Medical            | Executive          | Judicial           | Others             | Total              |
| 1         | ANDHRA PRADESH    | 5568               | 1262               | 1881               | 1661               | 10372              |
| 2         | ARUNACHAL PRADESH | 14                 | 9                  | 10                 | 7                  | 40                 |
| 3         | ASSAM             | 112                | 183                | 538                | 114                | 947                |
| 4         | BIHAR             | 146                | 177                | 470                | 130                | 923                |
| 5         | CHHATTISGARH      | 173                | 138                | 243                | 121                | 675                |
| 6         | GOA               | 163                | 25                 | 23                 | 102                | 313                |
| 7         | GUJARAT           | 1004               | 105                | 893                | 129                | 2131               |
| 8         | HARYANA           | 959                | 149                | 800                | 190                | 2098               |
| 9         | HIMACHAL PRADESH  | 299                | 60                 | 188                | 333                | 880                |
| 10        | JAMMU & KASHMIR   | 243                | 48                 | 42                 | 37                 | 370                |
| 11        | JHARKHAND         | 100                | 84                 | 320                | 53                 | 557                |
| 12        | KARNATAKA         | 188                | 79                 | 173                | 2                  | 442                |
| 13        | KERALA            | 1110               | 441                | 315                | 116                | 1982               |
| 14        | MADHYA PRADESH    | 2323               | 463                | 1185               | 427                | 4398               |
| 15        | MAHARASHTRA       | 612                | 149                | 975                | 124                | 1860               |
| 16        | MANIPUR           | 0                  | 0                  | 26                 | 1                  | 27                 |
| 17        | MEGHALAYA         | 225                | 10                 | 92                 | 16                 | 343                |
| 18        | MIZORAM           | 96                 | 14                 | 63                 | 87                 | 260                |
| 19        | NAGALAND          | 225                | 62                 | 87                 | 103                | 477                |
| 20        | ODISHA            | 103                | 185                | 606                | 106                | 1000               |
| 21        | PUNJAB            | 647                | 270                | 776                | 167                | 1860               |
| 22        | RAJASTHAN         | 1327               | 289                | 516                | 349                | 2481               |
| 23        | SIKKIM            | 24                 | 10                 | 24                 | 0                  | 58                 |
| 24        | TAMIL NADU        | 146                | 95                 | 90                 | 32                 | 363                |
| 25        | TELANGANA         | 1880               | 397                | 396                | 233                | 2906               |
| 26        | TRIPURA           | 283                | 517                | 191                | 357                | 1348               |
| 27        | UTTAR PRADESH     | 1032               | 276                | 1045               | 178                | 2531               |
| 28        | UTTARAKHAND       | 75                 | 28                 | 174                | 20                 | 297                |
| 29        | WEST BENGAL       | 741                | 537                | 950                | 227                | 2455               |
|           | TOTAL (STATES)    | 19818              | 6062               | 13092              | 5422               | 44394              |
| 30        | A & N ISLANDS     | 6                  | 3                  | 16                 | 2                  | 27                 |
| 31        | CHANDIGARH        | 327                | 12                 | 32                 | 27                 | 398                |
| 32        | D & N HAVELI      | 12                 | 0                  | 12                 | 0                  | 24                 |
| 33        | DAMAN & DIU       | 12                 | 4                  | 12                 | 6                  | 34                 |
| 34        | DELHI             | 72                 | 49                 | 90                 | 56                 | 267                |
| 35        | LAKSHADWEEP       | 2                  | 2                  | 3                  | 6                  | 13                 |
| 36        | PUDUCHERRY        | 8                  | 2                  | 7                  | 0                  | 17                 |
|           | TOTAL (UTs)       | 439                | 72                 | 172                | 97                 | 780                |
|           | TOTAL (ALL-INDIA) | 20257              | 6134               | 13264              | 5519               | 45174              |