Lok Sabha Question No. 3198 (UNSTARRED), answered on 2022-03-22
Subject: Undertrial Prisoners
Ministry: HOME AFFAIRS
Asked by: Feroze Varun Gandhi

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 3198

TO BE ANSWERED ON THE 22 ND  MARCH, 2022/ CHAITRA 1, 1944 (SAKA)

UNDERTRIAL PRISONERS

3198. SHRI FEROZE VARUN GANDHI:

Will the Minister of HOME AFFAIRS be pleased to state:

- (a)  whether  as  per  research  published  in  the  Indian  Law  Review,  only 7.91% of the undertrials availed of the  legal aid services for which  they were entitled  to  and  if  so,  the  details  of  the  undertrial  prisoners,  Statewise;
- (b)  whether  the  Government  has  assessed  the  reasons  for  the  low utilisation  of  legal  aid  services  by  the  prison  population  and  if  so,  the details thereof;
- (c) whether the Government has made any efforts to increase awareness of legal aid available to prisoners; and
- (d) if so, the details thereof and if not, the details therefor?

## ANSWER

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

(a): 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  2020.  State/UT-wise  number  of  undertrial prisoners in the jails of the country and the number of prisoners to whom legal aid was provided during the year 2020 are given in Annexure.

## LS.US.Q.NO.3198 FOR 22.03.2022

(b) to (d): 'Prisons'/'persons  detained  therein'  is  a  'State'  subject  under Entry  4  of  List  II  of  the  Seventh  Schedule  to  the  Constitution  of  India. Administration and management of prisoners is the responsibility of State Governments, who are competent to take appropriate steps for providing legal assistance to undertrial prisoners. State Legal Services Authorities have  established  Legal  Service  Clinics  in  jails  for  providing  free  legal assistance to persons in need. There are about 1091 Legal Service Clinics in jails which are operated by Empanelled Legal Services Advocates and trained  Para-Legal Volunteers.  Such clinics have been opened in jails to ensure that no prisoner remains unrepresented and legal aid and advice is provided to the prisoners. For easing and expediting the justice process, Video  Conferencing  facility  has  also  been  enabled  between  3240  court complexes and 1272 corresponding jails. National Legal Services Authority (NALSA), along with other Legal Services Institutions, undertakes various awareness  activities  in  order  to  make  people  aware  of  their  rights  and about the role, activities and functioning of the legal services institutions. This  includes,  conducting  seminars,  lectures;  distribution  of  pamphlets, broadcasting jingles, etc.

The  Ministry  of  Home  Affairs  (MHA)  has  also  issued  several  advisories to  States  and  UTs  for  adopting  appropriate  measures  to  provide legal

## LS.US.Q.NO.3198 FOR 22.03.2022

assistance to undertrial prisoners. The Model Prison Manual 2016 circulated  to  all  States  and  UTs  has  a  Chapter  on  'Legal  Aid'  which provides  the  details  of  facilities  which  may  be  provided  to  undertrial inmates, viz. legal defence, interview with lawyer, application to Courts for legal aid at Government cost etc.

*****

State/UT-wise number of undertrial prisoners in the jails of the country and the number of prisoners to whom legal aid was provided during the year 2020

| S. No.   | State/UT          |   Number of Undertrial Prisoners |   Number of prisoners to whom legal aid provided |
|----------|-------------------|----------------------------------|--------------------------------------------------|
| 1        | ANDHRA PRADESH    |                             5001 |                                              916 |
| 2        | ARUNACHAL PRADESH |                              127 |                                               21 |
| 3        | ASSAM             |                             6495 |                                             3222 |
| 4        | BIHAR             |                            44187 |                                             2338 |
| 5        | CHHATTISGARH      |                            11963 |                                             6350 |
| 6        | GOA               |                              419 |                                               41 |
| 7        | GUJARAT           |                            10195 |                                             5729 |
| 8        | HARYANA           |                            14951 |                                             1154 |
| 9        | HIMACHAL PRADESH  |                             1574 |                                              570 |
| 10       | JHARKHAND         |                            17103 |                                             4745 |
| 11       | KARNATAKA         |                            10577 |                                             3310 |
| 12       | KERALA            |                             3569 |                                             6087 |
| 13       | MADHYA PRADESH    |                            31712 |                                             4890 |
| 14       | MAHARASHTRA       |                            26171 |                                             3911 |
| 15       | MANIPUR           |                              506 |                                                0 |
| 16       | MEGHALAYA         |                              821 |                                              481 |
| 17       | MIZORAM           |                              609 |                                              695 |
| 18       | NAGALAND          |                              261 |                                               74 |
| 19       | ODISHA            |                            15619 |                                              626 |
| 20       | PUNJAB            |                            15643 |                                             2735 |
| 21       | RAJASTHAN         |                            16930 |                                             1191 |
| 22       | SIKKIM            |                              328 |                                              282 |
| 23       | TAMIL NADU        |                             8709 |                                             5337 |
| 24       | TELANGANA         |                             3946 |                                              706 |
| 25       | TRIPURA           |                              472 |                                               80 |
| 26       | UTTAR PRADESH     |                            80557 |                                             8311 |
| 27       | UTTARAKHAND       |                             3906 |                                             3389 |
| 28       | WEST BENGAL       |                            20144 |                                             5529 |
| 29       | A & N ISLANDS     |                              194 |                                               91 |
| 30       | CHANDIGARH        |                              619 |                                              145 |
| 31       | DNH & DAMAN DIU   |                              138 |                                                0 |
| 32       | DELHI             |                            14506 |                                            72728 |
| 33       | JAMMU & KASHMIR   |                             3717 |                                              118 |
| 34       | LADAKH            |                               21 |                                                2 |
| 35       | LAKSHADWEEP       |                                2 |                                                0 |
| 36       | PUDUCHERRY        |                              156 |                                               18 |
|          | TOTAL             |                           371848 |                                           145822 |