According to the Prison Statistics India report of the National Crime Records Bureau, three out of four prisoners in Indian jails are undertrials.
Among the undertrials, about 20% were Muslims, while about 73% were Dalits, tribals or OBCs.
Delhi and Jammu and Kashmir (J&K) were found to have the highest ratio of undertrials in jails at 91%, followed by Bihar and Punjab at 85%, and Odisha at 83%.
About 27% of all undertrials were found to be illiterate, and 41% had dropped out before Class X.
Overcrowding:
In India prison occupancy on average increased from 115% to 133% in the last two years.
In 2020, during COVID-19 pandemic, the Supreme Court of India issued directives to set up committees in each state to decongest prisons.
However, within a year, most had only been released temporarily and were called back to prison.
Chhattisgarh (222.5%), Madhya Pradesh (208%), and Uttar Pradesh (168%) are among the most overburdened.
Understaffing:
India’s prisons are understaffed by at least 33% with the highest vacancies found at the officer and correctional staff levels.
The Model Prison Manual, 2016, lays down that there shall be at least one medical officer for every 300 prisoners.
It has suggested one correctional officer for every 200 prisoners and one psychologist for every 500.
However almost all the prisons are not able to reach this target.
The Committees for Prison Reforms
Justice Mulla Committee 1983:
All India cadre for prison staff and Bringing prison under the concurrent list
Government should form a National Policy on Prisons
Government to use alternatives to imprisonment such as community service, etc.
Justice V. R. Krishna Iyer committee on women prisoners 1987:
Separate institutions with women employees alone for women offenders.
Necessary provisions to restore the dignity of women even if convicted.
Justice Amaitava Roy panel on prison reforms 2018:
For overcrowding
Special fast-track courts should be set up to deal with petty offences.
Lawyers – prisoners’ ratio: there should be at least one lawyer for every 30 prisoners.
For Understaffing
The Supreme Court should pass directions to start the recruitment process against vacancies
There should be use of videoconferencing for trial.
For Prisoners
Every new prisoner should be allowed a free phone call a day to his family members to see him through his first week in jail.