Lok Sabha Question No. 2585 (UNSTARRED), answered on 2015-12-15
Subject: Disabled Prisoners and Undertrials
Ministry: HOME AFFAIRS
Asked by: ANIRUDHAN SAMPATH

## GOVERNMENT OF INDIA

## MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO.2585

TO BE ANSWERED ON THE 15 TH  DECEMBER, 2015/AGRAHAYANA 24,1937 (SAKA)

DISABLED PRISONERS AND UNDERTRIALS

2585.

DR. A. SAMPATH:

Will the Minister of HOME AFFAIRS be pleased to state:

(a) the total number of disabled/differently abled and mentally challenged people in jails in the country as convicts and undertrials, State-wise,

- (b) the duration for which such undertrials are languishing in jails viz. less than three years, 3-5 years and more than five years and  the  number of those in each group;
- (c) whether the Government has taken any step to expedite trial of their cases; and

(d) if so, the details thereof?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI HARIBHAI PARATHIBHAI CHAUDHARY)

(a)&(b): As per data compiled by the National Crime Records Bureau at the  end  of  2014,  there  were  5394  inmates  suffering  from  mental  illness lodged in the jails of the Country. A State/UT wise statement in this regard is  at  Annexure.  Data  regarding  disabled/differently  abled  inmates  is  not maintained centrally.

(c)to(d): 'Prisons'  is  a  State  subject  as  per  Entry  4  of  List  II  of  the Seventh Schedule to the Constitution of India. Therefore, the administration and management of prisons is primarily  the responsibility of  the  State  Governments.  However,  the  following  measures  have  been taken by the Government of India in respect of undertrial prisoners:

## L.S.US.Q.NO.2585 FOR 15.12.2015

- (i) A comprehensive advisory dated 17 th  July  2009 has been issued to the States/UTs on 'Prison Administration', which provides for steps to be taken by the States/UTs for providing free legal aid to undertrials, setting up of Lok Adalats/Special courts in prisons for expediting review of cases of  undertrials.  The  same  may  be  downloaded  from  the  website  of  the Ministry of Home Affairs at the following links:

http://mha1.nic.in/PrisonReforms/pdf/PrisonAdmin17072009.pdf

- (ii) An  Advisory  has  been  issued  by  this  Ministry  on  17.1.2013  to States/UTs  regarding use  of  section  436A  of the  Cr.P.C  to  reduce overcrowding of prisons. The same can also be accessed on the website of Ministry of Home Affairs at the link:

http://mha1.nic.in/PrisonReforms/pdf/AdvSec436APrisons-060213\_0.pdf

- (iii) Hon'ble Home Minister has written to Chief Ministers/LG of States/UT on 3.9.2014 regarding use of section 436A  of Cr. P.C. to  reduce overcrowding in jails of India.
- (iv) Director General (Prisons)/Inspector General (Prisons) of all States/UTs have been requested on 22.9.2014 to take necessary action to comply with the order dated 5.9.2014 of the Hon'ble Supreme Court in the matter.
- (v) Advisory dated 27.9.2014 issued to States/UTs on reckoning half-life of  time  spent  in  judicial  custody  of  Undertrial  prisoners  under  Section 436A  of  Cr.  P.  C.  The  same  can  also  be  accessed  on  the  website  of Ministry of Home Affairs at the link:

http://mha1.nic.in/PrisonReforms/pdf/GuidelinesForRreckoningHalfLife\_161 014.pdf

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## PAGE 1 OF 1 OF ANNEXURE

## Annexure referred to in part (a)&(b) of Lok Sabha Unstarred Question

## No. 2585 for answer on 15.12.2015

| S. No.   | State/UT          |   Convict |   Undertrials |   Deteues |   Others |   Total |
|----------|-------------------|-----------|---------------|-----------|----------|---------|
| 1        | Andhra Pradesh    |        33 |            75 |         0 |        0 |     108 |
| 2        | Arunachal Pradesh |         0 |             0 |         0 |        0 |       0 |
| 3        | Assam             |        79 |            39 |         0 |       11 |     129 |
| 4        | Bihar             |        29 |            11 |         0 |        4 |      44 |
| 5        | Chhattisgarh      |       157 |            42 |         0 |        0 |     199 |
| 6        | Goa               |        15 |            56 |         0 |        0 |      71 |
| 7        | Gujarat           |       177 |           454 |         1 |        0 |     632 |
| 8        | Haryana           |        69 |            40 |         0 |        0 |     109 |
| 9        | Himachal Pradesh  |        42 |            25 |         0 |        0 |      67 |
| 10       | Jammu & Kashmir   |        26 |            65 |         5 |        0 |      96 |
| 11       | Jharkhand         |        88 |           122 |         0 |        0 |     210 |
| 12       | Karnataka         |       144 |           243 |         0 |        0 |     387 |
| 13       | Kerala            |       151 |           136 |         0 |        0 |     287 |
| 14       | Madhya Pradesh    |       337 |           104 |         3 |        0 |     444 |
| 15       | Maharashtra       |        64 |            78 |         0 |        0 |     142 |
| 16       | Manipur           |         2 |             8 |         0 |        0 |      10 |
| 17       | Meghalaya         |         0 |             8 |         0 |        0 |       8 |
| 18       | Mizoram           |         0 |             0 |         0 |        0 |       0 |
| 19       | Nagaland          |         0 |             1 |         0 |        0 |       1 |
| 20       | Odisha            |       336 |           196 |         0 |        0 |     532 |
| 21       | Punjab            |        22 |            32 |         0 |       20 |      74 |
| 22       | Rajasthan         |       142 |           173 |         0 |        0 |     315 |
| 23       | Sikkim            |         0 |             0 |         0 |        0 |       0 |
| 24       | Tamil Nadu        |        15 |            28 |         0 |        0 |      43 |
| 25       | Telangana         |        22 |             0 |         0 |        0 |      22 |
| 26       | Tripura           |         9 |            10 |         0 |        0 |      19 |
| 27       | Uttar Pradesh     |       281 |           392 |         0 |        0 |     673 |
| 28       | Uttarakhand       |        33 |             6 |         0 |        0 |      39 |
| 29       | West Bengal       |       200 |           307 |         0 |        0 |     507 |
| 30       | A & N Islands     |         3 |             0 |         0 |        0 |       3 |
| 31       | Chandigarh        |         0 |             1 |         0 |        0 |       1 |
| 32       | D & N Haveli      |         0 |             0 |         0 |        0 |       0 |
| 33       | Daman & Diu       |         0 |             0 |         0 |        0 |       0 |
| 34       | Delhi             |        51 |           171 |         0 |        0 |     222 |
| 35       | Lakshadweep       |         0 |             0 |         0 |        0 |       0 |
| 36       | Puducherry        |         0 |             0 |         0 |        0 |       0 |
|          | Total             |      2527 |          2823 |         9 |       35 |    5394 |