Lok Sabha Question No. 1384 (UNSTARRED), answered on 2016-07-26
Subject: Undertrial Prisoners
Ministry: HOME AFFAIRS
Asked by: DHARAM VIRA GANDHI

## GOVERNMENT OF INDIA

## MINISTRY OF HOME AFFAIRS

## LOK SABHA

## UNSTARRED QUESTION NO.1384

TO BE ANSWERED ON THE 26 TH JULY, 2016/SHRAVANA 4, 1938 (SAKA)

UNDERTRIAL PRISONERS

1384. SHRI DHARAM VIRA:

Will the Minister of HOME AFFAIRS be pleased to state:

(a) whether the Government has taken note of the number of undertrials detained in prisons for more than 3 months;

(b)  if  so,  the  details  thereof  and  the  reasons  for  their  prolonged detention without being convicted;

(c) whether the Government has taken note of human rights violations occurring in the prisons concerning undertrials, especially the denial of their right to be confined in a space separate from convicted prisoners; and

(d) if so, the reasons for such violations and the corrective steps taken in this regard?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI HANSRAJ GANGARAM AHIR)

(a) to (b):   As per data compiled by the National Crime Records Bureau at the end of 2014, there were 1,84,395  undertrial prisoners in the jails for a period greater than 3 months.

(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

## L.S.US.Q.NO.1384 FOR 26.07.2016

administration and management of prisons is primarily the responsibility of the State Governments.  However, the Ministry of Home Affairs  has  prepared  a  new  Model  Prison  Manual  2016  covering  all aspects  of  prisons  and  the  copy  of  the  same  has  been  sent  to  the States/UTs for guidance.

The following measures have been taken by the Government in respect of undertrial prisoners and to reduce the overcrowding in jails:

- (i) A  letter  has  been  sent  to  all  States/UTs  on  14.8.2015  for  taking necessary  action  for  including  the  Secretary  of  the  District  Legal Services  Authority  as  one  of  the  members  of  the  Under  Trial  Review committee.
- (ii) An  Advisory  has  been  issued  by  the  Government  of  India  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 ….3/

## L.S.US.Q.NO.1384 FOR 26.07.2016

(iii) The  Union  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 the country.

(iv) The Hon'ble Supreme Court in its order dated 5.9.2014 in the Writ Petition No. 310/2005 - Bhim Singh Vs Union of India & Other relating to the  undertrial  prisoners  has  directed  for  effective  implementation  of Section  436A  of  the  Code  of  Criminal  Procedure.  The  DG  (Prisons)/IG (Prisons)  of  all  States/UTs  have  been  requested  on  22.9.2014  to  take necessary action to comply with the order of the Hon'ble Supreme Court in the matter.

(v) An Advisory dated 27.9.2014 has been issued by the Government of India to the 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\_1 61014.pdf

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