Lok Sabha Question No. 146 (UNSTARRED), answered on 2021-02-02
Subject: Overcrowding of Prisons
Ministry: HOME AFFAIRS
Asked by: Aparajita Sarangi

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

LOK SABHA UNSTARRED QUESTION NO. 146

TO BE ANSWERED ON THE 2 ND  FEBRUARY, 2021/ MAGHA 13, 1942 (SAKA)

OVERCROWDING OF PRISONS

146. SHRIMATI APARAJITA SARANGI:

Will the Minister of HOME AFFAIRS be pleased to state:

(a)  the  number  of  prisons  across  the  country  which  holds  more  prisoners than its actual capacity, causing prison-overcrowding;

(b)  the  number  of  under-trial  prisoners  in  each  of  the  prisons  which  hold more prisoners than its actual capacity;

(c) the number of prisoners who tested positive for COVID-19 and the number of  such  under  trials  in  the  prisons  as  well  as  from  the  prisons  which  hold more prisoners than its actual capacity, State-wise;

(d) the number of prisoners who died of COVID-19 in prisons which hold more prisoners than its actual capacity, State-wise; and

(e)  Whether  the  Government  has  taken  any  measures  to  reduce  the population in prisons so as to facilitate social distancing, and if so, 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 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 2019. State/UT-wise total available capacity of prisons, total number of prisoners  and  undertrial  prisoners  lodged  in  prisons  as  on  31 st   December, 2019 are given in Annexure.

## L.S.US.Q NO. 146 FOR 02.02.2021

(c) & (d): This data has not been reported to NCRB by the States and UTs.

(e):   '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. States  and  UTs  are  competent  to  adopt  appropriate  measures  in  their jurisdictions to reduce population in prisons. The Ministry of Home Affairs (MHA) has issued various advisories to the States & UTs, from time to time, for adopting suitable measures to reduce overcrowding in prisons.

In view of the Covid-19 situation, MHA had issued an advisory to all States and UTs and Prison authorities on 12 th  March, 2020 advising them to take appropriate precautions and  steps such  as washing  hands  regularly, properly  covering  mouth  and  social  distancing  etc.  for  maintaining  proper hygiene condition in prisons. They were also advised to reduce movement of prison  inmates  and  make  use  of  video  conference  facilities  for  their production  in  Courts  and  for  their  visitors etc. in  place  of  personal appearances and meetings. On 2 nd May, 2020, MHA  issued another comprehensive  advisory  on  management  of  COVID-19  in  prisons.  Detailed guidelines and protocols to be followed in prisons were also shared with all States and UTs.

## L.S.US.Q NO. 146 FOR 02.02.2021

Taking  cognizance  of  the  fact  that  overcrowding  of  prisons  is  a  serious concern in the context of COVID-19 pandemic, the Hon'ble Supreme Court of India,  in  Suo  Motu  Writ  Petition  (C)  No.  1  of  2020  vide  its  Order  dated 23.3.2020  had  directed  all  States  and  UTs  to  constitute  a  High  Powered Committee to determine as to which class of prisoners can be released on parole  or  interim  bail,  for  such  period  as  may  be  thought  appropriate  by them. The Court had further directed the States and UTs that they leave it open for the High Powered Committee of respective States to determine the category of prisoners who may be released, depending upon the nature of offence, number of years to which they have been sentenced or the severity of  the  offence  with  which  they  have  been  charged  or  any  other  relevant factor,  which  the  Committee  may  consider  appropriate.    Based  on  this direction of the Hon'ble Court, many States and UTs had released prisoners on parole/bail in their jurisdictions.

State/UT-wise  number  of  prisons,  available  capacity  and  inmate  population  as  on  31st December, 2019

| Sl No.   | State/UT          |   Total Capacity available |   Total number of Prisoners |   Number of Undertrial Prisoners |
|----------|-------------------|----------------------------|-----------------------------|----------------------------------|
| 1        | Andhra Pradesh    |                       8789 |                        7579 |                             4769 |
| 2        | Arunachal Pradesh |                        233 |                         247 |                              106 |
| 3        | Assam             |                       8888 |                        9226 |                             6130 |
| 4        | Bihar             |                      42222 |                       39814 |                            31275 |
| 5        | Chhattisgarh      |                      12063 |                       18112 |                             9829 |
| 6        | Goa               |                        624 |                         518 |                              369 |
| 7        | Gujarat           |                      13762 |                       15089 |                             9799 |
| 8        | Haryana           |                      19306 |                       20423 |                            13160 |
| 9        | Himachal Pradesh  |                       2146 |                        2373 |                             1425 |
| 10       | Jammu & Kashmir@  |                       2910 |                        3689 |                             3075 |
| 11       | Jharkhand         |                      16795 |                       18654 |                            12759 |
| 12       | Karnataka         |                      14315 |                       14515 |                            10500 |
| 13       | Kerala            |                       6841 |                        7499 |                             4330 |
| 14       | Madhya Pradesh    |                      28718 |                       44603 |                            24157 |
| 15       | Maharashtra       |                      24095 |                       36798 |                            27557 |
| 16       | Manipur           |                       1272 |                         876 |                              758 |
| 17       | Meghalaya         |                        650 |                        1023 |                              861 |
| 18       | Mizoram           |                       1601 |                        1698 |                             1097 |
| 19       | Nagaland          |                       1450 |                         446 |                              314 |
| 20       | Odisha            |                      19291 |                       17563 |                            13803 |
| 21       | Punjab            |                      23488 |                       24174 |                            15949 |
| 22       | Rajasthan         |                      22952 |                       21599 |                            15378 |
| 23       | Sikkim            |                        260 |                         400 |                              255 |
| 24       | Tamil Nadu        |                      23392 |                       14707 |                             9244 |
| 25       | Telangana         |                       7785 |                        6717 |                             4384 |
| 26       | Tripura           |                       2174 |                        1103 |                              568 |
| 27       | Uttar Pradesh     |                      60340 |                      101297 |                            73418 |
| 28       | Uttarakhand       |                       3540 |                        5629 |                             3373 |
| 29       | West Bengal #     |                      21772 |                       23092 |                            16478 |
| 30       | A & N Islands     |                        309 |                         244 |                              132 |
| 31       | Chandigarh        |                       1120 |                         984 |                              580 |
| 32       | D&N Haveli *      |                         70 |                          46 |                               46 |
| 33       | Daman & Diu *     |                         60 |                          62 |                               46 |
| 34       | Delhi             |                      10026 |                       17534 |                            14382 |
| 35       | Lakshadweep       |                         64 |                           4 |                                4 |
| 36       | Puducherry        |                        416 |                         263 |                              177 |
|          | Total             |                     403739 |                      478600 |                           330487 |

@ Jammu and Kashmir and Ladakh are now Union Territories.  This is consolidated data of both UTs - Jammu and Kashmir and Ladakh.

* D&N Haveli and Daman & Diu have since been merged into one UT.

# Due to non-receipt of data from West Bengal for the year 2018 & 2019, data furnished for 2017 has been used.