Lok Sabha Question No. 2642 (UNSTARRED), answered on 2015-12-15
Subject: Justice for Juveniles
Ministry: HOME AFFAIRS
Asked by: SHARAD BANSODE

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO.2642

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

JUSTICE FOR JUVENILES

2642. ADV. SHARADKUMAR MARUTI BANSODE:

Will the Minister of HOME AFFAIRS be pleased to state:

- (a) whether any steps have been taken to deal with the cases regarding juveniles waiting for justice and still confined in different jails of the States and if so, the details thereof;
- (b) whether any initiative has been taken for speedy settlement of such cases;

(c) if so, the details thereof;

- (d) whether the jails are filled with prisoners for want of justice and early settlement of their cases; and
- (e) if so, the details thereof and the steps taken for the finalization of such cases especially  those cases concerning prisoners whose tenure of imprisonment has already expired and are still lodged in jails?

## ANSWER

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

(a)to(c):    'Prison'  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.  Juvenile  offenders  are  not  housed  in  prisons  but  are  kept  in Juvenile Justice Institutions in a child friendly environment.

(d)to(e):  As per data compiled by the National Crime Records Bureau (NCRB) at  the  end  of  2014,  there  were  2,82,879  undertrials  (67.6%  of  the  total inmates) in the jails of the country. The following measures have been taken by the Government of India in respect of undertrial prisoners:

## LS.US.Q.NO.2642 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\_161014. pdf

*****