NEW DELHI: Even as Union Home Minister Amit Shah recently proposed a Model Prison Act to improve the conditions in the country’s jails by introducing state-of-the-art technology, data from the National Crime Records Bureau (NCRB) shows an unprecedented rise in the number of undertrials, which, activists and legal experts, say is mainly responsible for overcrowding in prisons.
According to the NCRB 2021 report, the number of total inmates in prisons across India stands at 5,54,034, out of which 77 per cent constitute undertrials, marking a 15 per cent increase from the previous year. The data also shows that occupancy in prisons has exceeded capacity at an alarming rate over the years.
Pendency in the judicial process is one of the main reasons for the rising number of undertrials, says former DGP Prakash Singh, who is known for highlighting the need for police reforms in India.
“As far as crowding is concerned, instead of building new jails, a better solution will be to find ways and means to release those whom we think can be freed. Prison reforms are not possible without judicial reforms and police reforms,” says Singh.
Supreme Court lawyer and former Law Commission member Kirti Singh says that the rising number of imprisoned undertrials is a serious issue and the government must take immediate steps to tackle it.
“The first step is not to make unnecessary arrests as the SC has made it clear in several judgments that unless a crime is severe, no arrests should be made. On the contrary, more and more people are getting arrested for petty cases or no offence at all,” adds Singh.
NCRB data also shows that over 80 per cent of such undertrial prisoners are from disadvantaged sections of society.
Out of the total prisoners, 67.5 per cent belonged to the Scheduled Castes, Scheduled Tribes, and other backward classes (OBCs). Legal experts point out that since the majority of the undertrials and convicts cannot afford legal help, they continue to languish in jails.
“Those who are poor and cannot afford the bail conditions must be released on personal bonds,” says Singh.
Among the states, Uttar Pradesh recorded the highest number of undertrials – 90,606, while Bihar and Maharashtra came in at second and third place, with 59,577 and 31,752 undertrials, respectively.
Supreme Court lawyer Rishi Malhotra, who regularly appears for undertrials, says that bail rules should be made more liberal to reduce overcrowding in prisons.
“Even for undertrials and convicts, whose appeals are pending in the High court, unless there are exceptional circumstances, the normal rule should be if they have served five years or more, they should be granted bail,” said Malhotra.
He added that though there are aid services to provide legal assistance to them, it remains on paper.
“Legal aid cells should have competent lawyers to handle the cases, which is not the scenario now,” he says.
Jammed jails
5,54,034 Total no. of inmates in prisons across India.
77% of inmates constitute undertrials.
Over 8A0 % of undertrials are from disadvantaged sections of society.
Out of total inmates, 67.5% belong to SC, ST, and OBC communities.
90,606 Uttar Pradesh jails record the highest number of undertrials.
Bihar comes second, with 59,577 undertrials.
Maharashtra takes third place, with 31,752 undertrials.