Lok Sabha Question No. 364 (UNSTARRED), answered on 2016-07-19
Subject: Modernisation of Jails
Ministry: HOME AFFAIRS
Asked by: KIRTI (JHA) AZAD, KAUSHALENDRA KUMAR, P. KUMAR

## GOVERNMENT OF INDIA

## MINISTRY OF HOME AFFAIRS

## LOK SABHA

## UNSTARRED QUESTION NO.364

TO BE ANSWERED ON THE 19 TH  JULY, 2016/ASHADHA 28, 1938 (SAKA)

MODERNISATION OF JAILS

†364. SHRI KIRTI AZAD: SHRI P. KUMAR:

Will the Minister of HOME AFFAIRS be pleased to state:

- (a)  whether  the  Government  is  aware  that  most  of  the  jails  are overcrowded  and  the  inmates  are  living  in  a  pitiable  condition  in  the country and if so, the action taken in this regard;
- (b) whether the Government provides assistance for modernisation jails in the country;
- (c)  if  so,  the  total  funds  granted/utilised  on  modernisation  of  jails  and completion of various related projects during each of the last three years and the current year, Project and State-wise;
- (d) whether the Government proposes to implement the second phase of the  modernisation  programme  on  prison  reforms,  if  so,  the  details thereof and the total funds granted to the States in the second phase, State-wise including Bihar; and
- (e) the steps taken by the Government in coordination with the States to tackle the problem of overcrowding in jails and to improve the condition of jails?

## ANSWER

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

- (a)  to  (d):  As  per  data  compiled  by  the  National Crime Records Bureau (NCRB) at the end of 2014, there were 4,18,536 inmates in the jails of the country out of the capacity of 3,56,561 inmates and the present rate of overcrowding is 117.4%. This rate was 118.4% in 2013.

## LS.US.Q.NO.364 FOR 19.07.2016

'Prisons' is a State subject under List II of the Seventh Schedule to the Constitution and, therefore, prison administration is primarily the responsibility of the State Governments.

However, the Government of India has supported the States for prison modernization during 2002 to 2009 under the scheme of Modernisation of Prisons.  Details  of  funds  released  to  the  States  under  the  scheme  of Modernization of Prisons are given in the Annexure-I. In addition funds under  the  Thirteenth  Finance  Commission  have  also  been  provided  to eight States during 2011-2015 for upgradation of prisons, the details are given in the Annexure-II.

- (e) The  Government  has  also taken various measures  to reduce overcrowding in the prisons-
- (i) An  advisory  has  been  issued  by  the  Government  of  India  on 17.1.2013 to the States/UTs regarding use of section 436A of the Cr P.C. to reduce overcrowding of prisons.
- (ii) 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.

## LS.US.Q.NO.364 FOR 19.07.2016

- (iii) 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 of Bhim Singh Vs Union of India & Others.
- (iv) 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.

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## Annexure-I

## Annexure referred to in parts (a) to (d) of Lok Sabha Unstarred Question No. 364  for answer on 19.7.2016

| S.No.             | Name of State   | Central funds released during 2002-2009 (In Rs. Crore)   |
|-------------------|-----------------|----------------------------------------------------------|
| 1                 | Andhra Pradesh  | 81.25                                                    |
| 2                 | Assam           | 29.37                                                    |
| 3                 | Bihar           | 134.57                                                   |
| 4 Chhattisgarh    |                 | 28.02                                                    |
| 5                 | Goa             | 10.19                                                    |
| 6                 | Gujarat         | 49.43                                                    |
| 7 Haryana         |                 | 77.07                                                    |
| 8 Himachal        | Pradesh 15.14   |                                                          |
| 9 Jammu & Kashmir | 21.69           |                                                          |
| 10                | Jharkhand       | 31.69                                                    |
| 11                | Karnataka       | 40.35                                                    |
| 12                | Kerala          | 24.55                                                    |
| 13                | Madhya Pradesh  | 116.36                                                   |
| 14                | Maharashtra     | 96.85                                                    |
| 15                | Manipur         | 11.79                                                    |
| 16                | Meghalaya       | 12.27                                                    |
| 17                | Mizoram         | 13.3                                                     |
| 18 Nagaland       |                 | 11.85                                                    |
| 19                | Odisha          | 80.54                                                    |
| 20                | Punjab          | 55.86                                                    |
| 21                | Rajasthan       | 48.83                                                    |
| 22                | Sikkim          | 13.64                                                    |
| 23                | Tamil Nadu      | 71.5                                                     |
| 24                | Tripura         | 20.99                                                    |
| 25                | Uttar Pradesh   | 173.44                                                   |
| 26                | Uttaranchal     | 22.74                                                    |
| 27                | West Bengal     | 53.94                                                    |
| Total             |                 | 1347.17                                                  |

## Annexure referred to in parts (a) to (d) of Lok Sabha Unstarred Question No. 364  for answer on 19.7.2016

| S.No.   | Name of State     |   Fund allocation (In Rs. Crore) during 2011-15 |
|---------|-------------------|-------------------------------------------------|
| 1       | Andhra Pradesh    |                                              90 |
| 2       | Arunachal Pradesh |                                              10 |
| 3       | Chhattisgarh      |                                             150 |
| 4       | Kerala            |                                             154 |
| 5       | Maharashtra       |                                              60 |
| 6       | Mizoram           |                                              30 |
| 7       | Odisha            |                                             100 |
| 8       | Tripura           |                                              15 |
|         | Total             |                                             609 |

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