Prison Reforms

Part 2

The Issues of Indian Prisons:

Undertrials:

• 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.
• Alternative punishments should be explored.