Lok Sabha Question No. 1085 (UNSTARRED), answered on 2022-12-13
Subject: Fast Track Trial of Prisoners
Ministry: HOME AFFAIRS
Asked by: Shyam Yadav Singh

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 1085

TO BE ANSWERED ON THE 13 th  DECEMBER, 2022/ AGRAHAYANA 22, 1944 (SAKA)

FAST TRACK TRIAL OF PRISONERS

1085.    SHRI SHYAM SINGH YADAV:

Will the Minister of HOME AFFAIRS be pleased to state:

(a) whether the Government is aware that around 76 percent of prisoners in  jails  are  awaiting  trial  which  is  more  than  the  global  average  of  34 percent, if so, the details thereof and the reasons therefor;

(b) the number of prisoners awaiting trials belonging to the SC, ST and OBC community in the State of Uttar Pradesh, district-wise;

(c)  whether the Government is aware that there has been an increase in the  number  of  arrests  post  lockdown  period  which  has  led  to  the overcrowding of jails and spreading of communicable diseases therein and if so, the details thereof and the steps taken to address this issue; and

(d)  the  details  of  steps  taken  to  reduce  these  numbers  by  following  the fast-track procedures to ensure that the pre-trial prisoners reach the trial stage?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI AJAY KUMAR MISHRA)

(a): The National Crime Records Bureau (NCRB) compiles prison statistics  reported  to  it  by  the  States  and  Union  Territories  (UTs)  and publishes the same in its annual publication 'Prison Statistics India'. The latest  published  report  is  of  the  year  2021.  As  on  31 st   December,  2021, there were 5,54,034  prisoners  lodged in the prisons  of the country, out of

which  4,27,165  were  undertrial  prisoners.  The  undertrial  inmates  are detained in prisons on the orders of the Court by following the due process of law.

(b): As on 31 st  December, 2021, there were 90,606 undertrial prisoners in the  State  of  Uttar  Pradesh.  Out  of  these,  21,942  belonged  to  Scheduled Caste (SC) community, 4,657 belonged to Scheduled Tribe (ST) community and 41,678 belonged to Other Backward Class (OBC). District-wise data of undertrial  prisoners  belonging  to  SC,  ST  and  OBC  community  is  not maintained centrally.

- (c): Specific information in this regard is not available with NCRB.
- (d): Prisons/persons detained therein, Police and Public Order are 'State List' subjects under List II of the Seventh Schedule to the Constitution of India. Therefore, it is the responsibility of respective State Governments to take necessary steps and measures for facilitating the fast-tracking of the cases of undertrial prisoners in their respective jurisdictions. However, the Ministry  of  Home  Affairs  (MHA)  has  also  taken  various  initiatives  to supplement the efforts of the State Governments in addressing the issues of  undertrial  prisoners.  MHA  has  issued  several  advisories  to  the  States and UTs in this matter from time to time. The Model Prison Manual 2016 circulated to all States and UTs also has specific chapters on 'Legal Aid' and  'Undertrial Prisoners',  which  provide  the  details  of facilities which

may be provided to  undertrial  inmates,  namely  legal  defence,  interview with lawyers, application to Courts for legal aid at Government cost etc. Eprisons  Software,  which  is  a  Prison  Management  Application  integrated with Interoperable Criminal Justice System, provides facility to State Jail authorities to access the data of undertrial inmates in a quick and efficient manner, which helps them in identifying undertrial inmates whose cases are due for consideration by the Under Trial Review Committees, etc. The State  Legal  Services  Authorities  run  Legal  Service  Clinics  in  the  jails  of the country, which provide free legal assistance to persons in need. Video Conferencing facilities have also been enabled in the court complexes and jails for conducting trials in a seamless manner.

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