Lok Sabha Question No. 2778 (UNSTARRED), answered on 2016-03-15
Subject: Prison Reforms
Ministry: HOME AFFAIRS
Asked by: V. PANNEER SELVAM

## GOVERNMENT OF INDIA

## MINISTRY OF HOME AFFAIRS

## LOK SABHA

## UNSTARRED QUESTION NO.2778

TO BE ANSWERED ON THE 15 TH  MARCH, 2016/PHALGUNA 25, 1937 (SAKA)

## PRISON REFORMS

2778. SHRI V. PANNEERSELVAM:

Will the Minister of HOME AFFAIRS be pleased to state:

- (a) whether the Government has taken note of the observations made by the  Supreme  Court  regarding  overcrowding  of  prisons  and  treatment  of prisoners;
- (b) if so, the details thereof and the response of the Government thereto;
- (c)  the  number  of  convicted  and  undertrial  prisoners  along  with  the number  of  undertrials  who  have  spent  more  time  than  the  maximum possible sentence; and
- (d)  whether  the  Government  proposes  to  bring  changes  in  relevant  laws and reform the prison system and if so, the details thereof?

## ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS

(SHRI HARIBHAI PARATHIBHAI CHAUDHARY)

(a) & (b): Hon'ble Supreme Court, in the matter of Suo Moto W.P.  (Civil) No. 406 of 2013 regarding Inhuman Conditions prevailing in 1382 prisons in  India,  has  passed  certain  directions  in  respect  of  undertrial  prisoners and their living conditions in jails. Since 'Prisons' is a State subject as per entry 4 of List II  of  the  Seventh Schedule to the Constitution of India, the …2/

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## L.S.US.Q.NO.2778 FOR 15.3.2016

administration and management of prisons is primarily  the responsibility of  the  State  Governments.  The  States/UTs  have  been  asked  to  take necessary action on the directions of the Hon'ble Supreme Court.

- (c): As per data compiled by the National Crime Records Bureau (NCRB) at the end of 2014, there were 1,31,517 convicts and 2,82,879 undertrial inmates in the jails of the country. Data of undertrial prisoners who have spent the period more than the likely sentence is not maintained centrally.
- (d): In  order  to  take  up  the  issue  of  undertrial  prisoners,  the  following measures have been taken by the Government:
- (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

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## L.S.US.Q.NO.2778 FOR 15.3.2016

- (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\_161

014.pdf