The Supreme Court has resumed hearing on inhuman prisons condition, flagging overcrowding and severe staff shortages. All States and Union Territories may be directed to file fresh affidavits, with the next hearing scheduled for February 3.
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NEW DELHI: The Supreme Court of India today heard the landmark case In Re: Inhuman Conditions in 1382 Prisons, addressing systemic issues of prison overcrowding and staff shortages across the country. Counsel appearing before the Court highlighted overcrowding as a “continuing crisis” and emphasized the need for updated compliance reports from the States.
During the hearing, the Court indicated that all States and Union Territories may be required to file fresh affidavits disclosing:
- Number of jails
- Sanctioned capacity vs actual occupancy
- Requirement for new jails
- Steps taken to augment infrastructure (as of January 1, 2026)
Counsel stressed that this data is necessary
“to show whether the Court’s orders passed last year and the year before had any real impact in reducing overcrowding.”
The Court has sought specific compliance reports from several states: Bihar, Punjab, Chhattisgarh, Rajasthan, Jharkhand, Kerala, Uttar Pradesh, Gujarat, Tamil Nadu, West Bengal, NCT Delhi, Karnataka, Haryana, Madhya Pradesh, Assam, and Maharashtra.
This move highlights the judiciary’s focus on ensuring prison reforms and improving the living conditions of inmates nationwide.
Another critical issue flagged by counsel was the large-scale vacancies in prison staff, particularly those involved in reformative and correctional work. Counsel referred to the Supreme Court’s December 10, 2024, order, noting that over 24,500 posts were vacant out of a sanctioned strength of more than 77,000 prison personnel.
He argued that
“understaffed prisons inevitably worsen conditions for both convicts and undertrial prisoners, particularly in overcrowded jails.”
The Supreme Court had earlier instructed the States to submit detailed information on prison staffing. This included data on officers actually deployed, the sanctioned strength of personnel, the number of vacant posts, and the measures being taken to fill these essential positions.
However, counsel noted that the last tabular chart was prepared in April 2025, and “nearly 9–10 months have passed and the data is now outdated.”
The bench indicated that the matter will be listed after two weeks, and a meeting may be convened in the meantime to discuss systemic reforms.
Next hearing scheduled for 3 February.
Previous Developments
On December 10, the Supreme Court of India addressed critical issues of overcrowding and understaffing in prisons. The Bench, comprising Justices Hrishikesh Roy and SVN Bhatti, directed all States and Union Territories (UTs) to submit detailed, cadre-wise information on prison officers and staff, including the number of vacant positions and steps being taken to fill them.
“All states/UTs must furnish cadre-wise info on the strength of officers and staff meant for exigencies in the jails. The information also needed on number of vacancies and efforts underway to fill the same,”
the Court stated, granting an eight-week timeline for compliance.
The order comes as part of a suo motu case concerning the inhumane conditions in overcrowded Indian prisons. The Bench highlighted that insufficient staffing combined with overcrowding “is bound to escalate the difficulties for convicts and undertrials lodged in the jail.”
In earlier hearings, the Court also emphasized proactive measures for women undertrials, urging authorities to identify first-time offenders eligible for release under Section 479(1) of the Bharatiya Nyaya Suraksha Sanhita (BNSS), which allows release after serving one-third of the prescribed maximum sentence.
The Bench noted that most States had failed to provide adequate information on staffing vacancies, with only Bihar submitting partial data.
Case Title:
In Re: Inhuman Conditions in 1382 Prisons
W.P.(C) No. 406/2013
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