Lok Sabha Question No. 29 (STARRED), answered on 2021-07-20
Subject: Prison Reforms
Ministry: HOME AFFAIRS
Asked by: Gopal Chinayya Shetty

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA STARRED QUESTION NO. *29

TO BE ANSWERED ON THE 20 TH  JULY, 2021/ ASHADHA 29, 1943 (SAKA)

PRISON REFORMS

†*29.      SHRI GOPAL CHINNAYA SHETTY:

Will the Minister of HOME AFFAIRS be pleased to state:

(a) whether the Government has formulated any Prison Policy or Policy for Reformatory Homes during the last few years;

(b) if so, the date on which the said policy has been adopted;

(c) if not, whether the Government proposes to formulate any policy in this regard;

(d) the percentage of ex-convicts who have committed repeated offences as compared to the first time offenders;

(e)  the  names  of  the  States  with  the  highest  percentage  of  habitual offenders in jails; and

(f) the total number of open jails functioning in the country at present and the overall experience of such open jails?

ANSWER

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

(a) to (f):  A Statement is laid on the Table of the House.

## Statement REFERRED TO IN reply to LOK Sabha Starred Question No. †*29 for 20 th  July, 2021.

(a) to (c): 'Prisons'  and  'persons  detained  therein'  are  State  subjects  as per Entry 4 of List II of the Seventh Schedule to the Constitution of India. Administration  and  management  of  prisons  is  the  responsibility  of  State Governments, who are competent to devise and adopt appropriate policies for prison and correctional administration. However, the Ministry of Home Affairs  (MHA)  has  been  supplementing  the  efforts  of  States  and  Union Territories (UTs) by issuing various advisories and guidelines from time to time.  These advisories are available on MHA's website at:

https://www.mha.gov.in/Division\_of\_MHA/Women\_Safety\_Division/prison-reforms

Model Prison Manual 2016 was also a step in the direction of bringing in prison  reforms  as  the  Manual  strives  to  serve  as  a  benchmark  that  all States should emulate and seek guidance from. The Manual was forwarded to all States and UTs in May 2016. The Manual, inter-alia, provides detailed guidance on all aspects of prison and correctional administration, including  after  care  and  rehabilitation  of  inmates.    States  and  UTs  have been  advised  to  adopt  the  guidance  provided  in  the  Manual  for  bringing uniformity in  basic  principles  governing  prisons  across  the  country,  with due flexibility in the suggested provisions to allow adaptation as per local conditions.

(d) & (e): The  National  Crime  Records  Bureau  (NCRB)  compiles  prison statistics reported to it by States and UTs and publishes the same in its annual publication 'Prison Statistics India'.  The latest published report is of  the  year  2019.  State/UT-wise  number  of  convicts  admitted  in  prisons during the year 2019, number of habitual offenders and percentage share of habitual offenders to convicts are given in Annexure.

(f): As on 31.12.2019, 86 open jails have been established in 17 States of the  country.    Open  institutions  provide  the  prisoners  opportunities  of employment and living a life in the open, which is expected to restore their dignity  and  develop  in  them  self-reliance,  self-confidence  and  social responsibility, necessary for their rehabilitation in the society.

*******

State/UT-wise number of convicts admitted during the year 2019, number of Habitual Offenders and percentage share of Habitual Offenders to convicts admitted during the year

| Sl. No.   | State/UT          | Number of convicts admitted during the year   | Number of Habitual Offenders   | %share of Habitual Offenders to convicts admitted   |
|-----------|-------------------|-----------------------------------------------|--------------------------------|-----------------------------------------------------|
| (1)       | (2)               | (3)                                           | (4)                            | (5)                                                 |
| 1         | ANDHRA PRADESH    | 15057                                         | 240                            | 1.6                                                 |
| 2         | ARUNACHAL PRADESH | 76                                            | 0                              | 0.0                                                 |
| 3         | ASSAM             | 2456                                          | 105                            | 4.3                                                 |
| 4         | BIHAR             | 5660                                          | 68                             | 1.2                                                 |
| 5         | CHHATTISGARH      | 3857                                          | 12                             | 0.3                                                 |
| 6         | GOA               | 145                                           | 0                              | 0.0                                                 |
| 7         | GUJARAT           | 5766                                          | 0                              | 0.0                                                 |
| 8         | HARYANA           | 5400                                          | 124                            | 2.3                                                 |
| 9         | HIMACHAL PRADESH  | 853                                           | 0                              | 0.0                                                 |
| 10        | JAMMU & KASHMIR@  | 257                                           | 0                              | 0.0                                                 |
| 11        | JHARKHAND         | 4174                                          | 220                            | 5.3                                                 |
| 12        | KARNATAKA         | 3698                                          | 124                            | 3.4                                                 |
| 13        | KERALA            | 5431                                          | 421                            | 7.8                                                 |
| 14        | MADHYA PRADESH    | 13802                                         | 29                             | 0.2                                                 |
| 15        | MAHARASHTRA       | 12809                                         | 0                              | 0.0                                                 |
| 16        | MANIPUR           | 62                                            | 0                              | 0.0                                                 |
| 17        | MEGHALAYA         | 122                                           | 13                             | 10.7                                                |
| 18        | MIZORAM           | 1716                                          | 779                            | 45.4                                                |
| 19        | NAGALAND          | 156                                           | 19                             | 12.2                                                |
| 20        | ODISHA            | 1353                                          | 26                             | 1.9                                                 |
| 21        | PUNJAB            | 7208                                          | 392                            | 5.4                                                 |
| 22        | RAJASTHAN         | 13000                                         | 263                            | 2.0                                                 |
| 23        | SIKKIM            | 44                                            | 0                              | 0.0                                                 |
| 24        | TAMIL NADU        | 3333                                          | 25                             | 0.8                                                 |
| 25        | TELANGANA         | 27591                                         | 502                            | 1.8                                                 |
| 26        | TRIPURA           | 837                                           | 6                              | 0.7                                                 |
| 27        | UTTAR PRADESH     | 29496                                         | 1247                           | 4.2                                                 |
| 28        | UTTARAKHAND       | 3676                                          | 5                              | 0.1                                                 |
| 29        | WEST BENGAL #     | 16800                                         | 991                            | 5.9                                                 |
|           | TOTAL (STATES)    | 184835                                        | 5611                           | 3.0                                                 |
| 30        | A & N ISLANDS     | 82                                            | 8                              | 9.8                                                 |
| 31        | CHANDIGARH        | 264                                           | 11                             | 4.2                                                 |
| 32        | D & N HAVELI *    | 8                                             | 0                              | 0.0                                                 |
| 33        | DAMAN & DIU *     | 7                                             | 0                              | 0.0                                                 |
| 34        | DELHI             | 3455                                          | 1120                           | 32.4                                                |
| 35        | LAKSHADWEEP       | 0                                             | 0                              | 0.0                                                 |
| 36        | PUDUCHERRY        | 114                                           | 6                              | 5.3                                                 |
|           | TOTAL (UTs)       | 3930                                          | 1145                           | 29.1                                                |
|           | TOTAL (ALL-INDIA) | 188765                                        | 6756                           | 3.6                                                 |

Note:     The above calculation is based on convictions only. Repeat offenders among undertrials have not been taken into account.

@ 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.