Lok Sabha Question No. 1401 (UNSTARRED), answered on 2023-12-12
Subject: Overcrowding in Jails
Ministry: HOME AFFAIRS
Asked by: Mohanbhai Kalyanji Kundariya, Annasaheb Shankar Jolle, Umesh G. Jadhav, Prataprao Govindrao  Patil Chikhalikar, Chandeshwar Prasad, Locket Chatterjee, Kripanath Mallah, Sanjay Seth, Rajkumar Chahar, Dipsinh Shankarsinh Rathod, Dushyant Singh, Satya Pal Singh, Dharmendra Kumar Kashyap, Prathap Simha, Jagdambika Pal

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 1401

TO BE ANSWERED ON THE 12 TH  DECEMBER, 2023/ AGRAHAYANA 21, 1945 (SAKA)

OVERCROWDING IN JAILS

1401. SHRI MOHANBHAI KALYANJI KUNDARIYA:

SHRI CHANDESHWAR PRASAD:

SHRI DIPSINH SHANKARSINH RATHOD:

SHRI PRATHAP SIMHA:

SHRI PRATAPRAO PATIL CHIKHLIKAR:

SHRI SANJAY SETH:

SHRI JAGDAMBIKA PAL:

SHRI DUSHYANT SINGH:

DR. UMESH G. JADHAV:

SHRI KRIPANATH MALLAH:

SHRI RAJ KUMAR CHAHAR:

SHRI DHARMENDRA KASHYAP:

SHRI ANNASAHEB SHANKAR JOLLE:

DR. SATYAPAL SINGH:

MS. LOCKET CHATTERJEE:

Will the Minister of HOME AFFAIRS be pleased to state:

- (a) whether there are specific schemes/guidelines laid out for the implementation of the scheme designed to address overcrowding in Jails and support poor prisoners;
- (b)  if  so,  the  details  of  guidelines  for  implementation  and  status  of implementation of the said scheme;
- (c)  the  key  principles  or  criteria  outlined  in  the  guidelines  to  ensure effective and fair implementation of the scheme;
- (d) the manner in which the Government plan to collaborate with relevant stakeholders, including correctional facilities and social welfare organizations in implementing the scheme;
- (e) the progress made in terms of achieving the objectives of the scheme; and
- (f) whether there are any challenges encountered during its implementation process?

## ANSWER

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

- (a)  to  (f):  'Prisons'/  'persons  detained  therein'  is  a  'State  List'  subject under  Entry  4  of  List  II  of  the  Seventh  Schedule  to  the  Constitution  of India.  The  administration  and  management  of  prisons  and  prisoners  is therefore  the  responsibility  of  respective  State  Governments  and  Union Territories (UTs). The initiatives taken by the Ministry of Home Affairs to address the issue of overcrowding in prisons are as follows:
- (i)  The  Government  of  India  inserted  Section  436A  in  the  Code  of Criminal  Procedure  (CrPC)  which  provides  for  release  of  an  under-trial prisoner on bail on undergoing detention for a period extending up to one

half  of  the  maximum  period  of  imprisonment  specified  for  an  offence under any law.

(ii) The  concept  of  plea  bargaining  has  been  introduced  by  inserting  a 'Chapter XXIA' on 'Plea Bargaining' (Sections 265A to 265L) in the Code of Criminal Procedure, 1973, which enables pre-trial negotiation between the defendant and the prosecution.

(iii)  E-prisons  Software,  which  is  a  Prison  Management  Application integrated  with  Interoperable  Criminal  Justice  System  provides  facility to  State  Jail  authorities  to  access  the  data  of  inmates  in  a  quick  and efficient manner and helps them in identifying the inmates whose cases are due for consideration by the Under Trial Review Committee, etc.

(iv)    The  Model  Prison  Manual  2016  circulated  to  all  States/  Union Territories has specific chapters on 'Legal Aid' and 'Under trial Prisoners', etc, which provide detailed guidelines on the facilities which may be provided to under trial inmates, namely legal defence, interview with lawyers, application to Courts for legal aid at Government cost etc.

The State Legal Services Authorities have established Legal Service Clinics  in  jails,  which  provide  free  legal  assistance  to  persons  in  need. These Legal Service Clinics are managed by Empanelled Legal Services Advocates and trained Para-Legal Volunteers. These clinics have been

established  to  ensure  that  no  prisoner  remains  unrepresented  and  legal aid  and  advice  is  provided  to  them.  National  Legal  Services  Authority holds awareness generation camps in jails to generate awareness about availability of free legal aid, plea bargaining, Lok Adalats and legal rights of inmates, including their right to bail, etc.

The  National  Legal  Services  Authority  had  prepared  a  Standard Operating Procedure (SOP) for Under-Trial Review Committees, which has been circulated by MHA to all States/Union Territories for making best use of the same and provide relief to prisoners.

States/UTs have been advised to make use of the above guidelines/guidance  to  address  the  issue  of  overcrowding  in  prisons, through various advisories issued from time to time.

With the objective of providing financial assistance to poor prisoners,  the  Ministry  of  Home  Affairs  recently  prepared  a  scheme namely 'Support to Poor Prisoners', which aims at providing relief to poor prisoners, who are unable to pay the fine amount or are unable to secure bail due to financial constraints.

Details of the 'Guidelines and Standard Operating Procedure' to be followed by the States/UTs for implementation of  the  scheme  have been

shared with them and they have been advised to constitute an 'Empowered  Committee ' in  each  District  of  the  State/UT,  which  will assess the requirement of financial support required in each eligible case for securing bail or for payment of fine, etc. Based on the decision taken by  the  Empowered  Committee,  the  District  Collector/District  Magistrate will  draw  appropriate  funds  made  available  by  the  Central  Government and will provide financial assistance to the prisoner. Detailed 'Guidelines and Standard Operating Procedure ' for implementation of the Scheme are available  on  MHA ' s website:  www.mha.gov.in.  The  progress  of the implementation  of  the  scheme  is  reviewed  on  a  periodic  basis  with State/UT administrative and Prison authorities and appropriate guidance and clarification is provided to them.

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