The Supreme Court’s decision is an important move to solve the problem of overcrowding in Indian jails. It highlights the need for a long-term plan to manage prisons better and protect the rights of inmates.
The Supreme Court of India has made a significant decision about the serious problem of too many people in Indian jails. They have told all states and union territories that it’s really important to deal with this issue. The Court stepped in because the overcrowding in prisons throughout the country is a big concern. They want quick and lasting solutions for this problem.
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The bench, comprising Justices Hima Kohli and Ahsanuddin Amanullah, expressed deep concern over the current state of jails, noting that in many cases, the overcrowding exceeded 10% of the permitted capacity, with some instances reaching as high as 30-50% and even four times the intended capacity.
The justices stated,
“The figures are stark and quite worrying. They need to be addressed on top priority.”
This directive was issued during the hearing of a suo moto petition on “Inhuman conditions in Prisons.” The Court had received reports from various states and union territories detailing the number of jails, their sanctioned and actual capacity of prisoners, and any pending proposals or plans for constructing new jails. Notably, two states, Maharashtra and Jharkhand, failed to submit their reports, resulting in the Court imposing a fine of ₹10,000 on each.
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Senior advocate Gaurav Agarwal, serving as amicus curiae(someone not involved in a case who provides information or expertise to assist the court in making decisions), played a pivotal role in compiling these reports. He emphasized the need to address overcrowding on a jail-wise basis rather than a state-wide perspective, as some states had projected. Agarwal’s insights led to the Court’s decision to mandate the formation of committees in each district. These committees, comprising a district judge, district magistrate, superintendent of police, superintendent of jail(s), and member-secretary of the district legal service authority (DLSA), are tasked with devising a roadmap for jail expansion and new jail construction to accommodate the prison population for the next 50 years.
The Court’s order detailed the committees functions, which include examining the requirements for expanding existing jails, inquiring about land availability for future jail demands, and projecting future needs over a 50-year period.
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The amicus curiae pointed out instances of “super overcrowding” in certain states. Delhi, for example, has 16 central jails housing over 20,000 prisoners, significantly exceeding the sanctioned capacity of 10,026. Uttar Pradesh, with its 75 jails and a prison population of 99,335, far surpasses its sanctioned capacity of 65,866.
The bench, shocked by the deficit between actual and sanctioned capacities, criticized the lack of foresight in state planning, stating, “Nobody has applied mind as states need to be futuristic.” The Court observed that some states, including Bihar, Rajasthan, Karnataka, and Madhya Pradesh, failed to provide an action plan to address future overcrowding.
The committees are further directed to submit proposals to the chief secretary of each state/UT after reviewing ongoing projects and plans for new jail construction. The Court emphasized the immediate need for identifying and acquiring land for new or expanded jails and set milestones for the time-bound implementation of these projects.
This issue has been under the Supreme Court’s scrutiny since 2013, with a committee formed in 2018 under former Supreme Court judge Justice Amitava Roy. This committee’s comprehensive report addressed various aspects of prison life, including conditions for women, children, transgender prisoners, death row convicts, and juvenile correctional institutions, along with implementation suggestions.
The report also delved into less-explored issues like violence among inmates, unnatural prisoner deaths, the concept of semi-open and open jails, and vacancies in prison staff. It highlighted the psycho-social aspects of women prisoners, the need for medical facilities for sick and elderly prisoners, and treatment for death row convicts, revealing a significant gap between sanctioned posts and actual working force in prisons.
As per the Prison Statistics 2021, as of December 31, 2021, there were 5,54,034 inmates in various jails across the country, with the actual strength of executive jail staff, including officers, being 54,955, and correctional staff, including counselors/psychologists, numbering only 886 for the 1,319 prisons nationwide.
This Supreme Court directive marks a significant step towards addressing the long-neglected issue of overcrowding in Indian jails. It underscores the need for a proactive and long-term approach to prison management and reform, ensuring that the rights and well-being of inmates are safeguarded while maintaining the integrity of the country’s penal system.
