Lok Sabha Question No. 797 (UNSTARRED), answered on 2023-02-07
Subject: Overcrowded Prisons
Ministry: HOME AFFAIRS
Asked by: Lavu Sri Krishna Devarayalu, Balashowry Vallabbhaneni

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 797

TO BE ANSWERED ON THE 07 TH  FEBRUARY, 2023/ MAGHA 18, 1944 (SAKA) OVERCROWDED PRISONS

797.  SHRI LAVU SRI KRISHNA DEVARAYALU: SHRI BALASHOWRY VALLABHANENI:

Will the Minister of HOME AFFAIRS be pleased to state:

(a) whether it is true that prison occupancy ratio has increased as per the latest  National  Crime  Records  Bureau  (NCRB)  report  2021  and  if  so,  the details thereof;

(b) whether the Government proposes to expand the capacity by building more  prisons  to  accommodate  the  high  number  of  prisoners,  if  so,  the details thereof and if not, the reasons therefor;

(c) the percentage of prisoners that are undertrials out of the total prison population;

(d)  the  percentage  of  prisoners  belonging  to  disadvantaged  communities out of the total prison population; and

(e)  the  steps  taken  by  the  Government  to  provide  affordable  and  quality legal aid to marginalized communities?

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 2021. The occupancy rate of jails as on 31 st

December  of  the  years  2019,  2020  and  2021  was  120.1%,  118.0%  and 130.2% respectively.

(b):  'Prisons'/'persons  detained  therein'  is  a  'State  List'  subject  under Entry  4  of  List  II  of  the  Seventh  Schedule  to  the  Constitution  of  India. Therefore, the administration and management of prisons and prisoners is the  primary  responsibility  of  respective  State  Governments,  who  are competent  to  take  appropriate  decision  for  expanding  the  capacity  of prisons / constructing  new  prisons  in  accordance  with  the  need  and requirement for the same.

(c): The  percentage  of undertrial prisoners out of the total prison population is 77.1% as on 31 st  December 2021.

(d):  As  on  31 st   December,  2021,  there  were  1,16,838  Scheduled  Caste prisoners,  59,133  Scheduled  Tribe  prisoners,  1,97,655  Other  Backward Caste prisoners and 1,43,555 General category prisoners lodged in various jails of the country.

Note:  Maharashtra  has  not  provided  caste-wise  break-up  of  undertrial prisoners and detenues.

(e):  State  Legal  Services  Authorities  have  established  Legal  Service Clinics  in jails,  who provide  free legal assistance to persons in need. The

Legal Service Clinics are managed by Empanelled Legal Services Advocates  and  trained  Para-Legal  Volunteers.  These  clinics  have  been established in the jails to ensure that no prisoner remains unrepresented and legal aid and advice is provided to them. The National Legal Services Authority  (NALSA)  holds  awareness  camps  in  the  jails  for  generating awareness  about  the  availability  of  free  legal  aid,  plea  bargaining,  Lok Adalats and legal rights of inmates including their right to bail. The Model Prison Manual 2016 circulated by the Ministry of Home Affairs (MHA) to all States  and  UTs  has  a  specific  chapter  on  'Legal  Aid'  which,  inter-alia, provides  that  the  States  should  adopt  the  practice  of  nominating  Jail Visiting Advocates to visit different prisons to help the poor and unrepresented  inmates.  On  directions  of  the  Hon'ble  Supreme  Court  of India,  NALSA  had  prepared  a  Standard  Operating  Procedure  (SOP)  for Under-Trial  Review  Committees,  which  was  circulated  by  MHA  to  all States/UTs for making best use of its provisions.

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