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Mahesh

04/09/22 19:11 PM IST

Delhi's central jails overcrowded, 94% more inmates against capacity

In News 
  • Delhi’s prisons are overcrowded with 94% more inmates than the sanctioned capacity.
Prison capacity in India 
  • Indian prisons have been housing more inmates than their capacity for decades now.
  • According to a report on prison statistics for 2019 released by National Crime Records Bureau,
  • As of 31 December 2019, there were 4,78,600 inmates lodged in different prisons in India while they had a collective capacity to house only about 4,03,700 inmates.
  • This means the number of prisoners was 118.5% of the prison capacity, the highest since 2010.
  • Meanwhile, an average district jail runs at an occupancy rate of 136%.
Concerns 
  • The inconsistencies in the bail system and the pendency of court cases are some of the key reasons for overcrowding in prisons.
  • Undertrials not having anyone to stand as guarantors nor assets to furnish as bail bonds lead them to continue suffering in prisons.
  • Undertrials on rise-  Human rights watchdog Amnesty International noted that- India’s number of undertrials is “far higher than in other democracies around the world,”
  • As of 2017, India had the third highest number of undertrial inmates in Asia.
  • The criminal justice delivery system in India saw more than 0.2 million undertrial prisoners being neglected in jail for many years.
  • Judiciary-  Grossly inadequate number of High Court judges and prosecutors.
  • The situation is grim in subordinate courts where along with the shortage, lack of basic infrastructure is a big concern.
  • Lack of coordination-  Lack of coordination between the Centre, Judiciary & State Governments.
  • Disruptions due to pandemic- Disruptions due to the coronavirus pandemic further clogged the Indian judicial system.
  • There was a drop in new cases as courts went digital, but with lockdown restrictions in place, a slower disposal rate resulted in more pending cases.
Suggestions 
  • The 268th Law Commission recommended that those detained for offences that come with a punishment of up to seven years of imprisonment should be released on completing one-third of that period and for those charged with offences that attract a longer jail term after they complete half of that period.
  • It also recommended that the police should avoid needless arrests, while magistrates should refrain from mechanical remand orders.
Justice Amitava Roy Committee Recommendations:
  • In 2018 The Supreme Court constituted a three-member committee, to be headed by former apex court judge Amitava Roy, to look into the aspect of jail reforms across the country and make recommendations on several aspects, including overcrowding in prisons. It recommended:
  • Special fast-track courts should be set up to deal exclusively with petty offences which have been pending for more than five years.
  • Further, accused persons who are charged with petty offences and that granted bail, but who are unable to arrange surety should be released on a Personal Recognizance (PR) Bond.
  • Launching a National Mission for Justice Delivery and Legal Reforms.
Open Prison 
  • The All-India Committee on Jail Reform constituted in 1980 recommended the government to set up and develop open prisons in each state and UT similar to the Sanganer open camp in Rajasthan.
  • Open prisons have relatively less stringent rules as compared to controlled jails.
  • They go by many names like minimum-security prison, open-air camps or prison without bars.
  • The fundamental rule of an open prison is that the jail has minimum security and functions on the self-discipline of the inmates.
  • The United Nations Standard Minimum Rules for the Treatment of Prisoners, popularly known as the Nelson Mandela Rules.
Source- Live Mint 

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