GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

RAJYA SABHA UNSTARRED QUESTION NO.51

TO BE ANSWERED ON THE 16TH NOVEMBER, 2016/KARTIKA 25, 1938 (SAKA)

PLAN TO DECONGEST PRISONS

51. SHRI ABDUL WAHAB:

Will the Minister of HOME AFFAIRS be pleased to state:

(a) whether Government has formulated any plan to decongest prisons and bring prison reforms in the country;

(b) the average occupancy rate in all jails in the country as per latest information available with Government;

(c) whether Supreme Court has given any directions in this regard; and

(d) if so, the details thereof?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI HANSRAJ GANGARAM AHIR)

(a): ‘Prisons’ is a State subject under Entry 4 of List II of the Seventh

Schedule to the Constitution of India. However, considering the importance of prison administration, the Government of India has been providing the requisite support and assistance to State Governments to modernize the prisons across the country and has been facilitating the task of rehabilitation and reformation of prisoners. For reducing the number of under-trials, some of the measures taken are : (a) Establishment of Fast

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R.S.US.Q.NO.51 FOR 16.11.2016

Track Courts (FTCs), (b) Creation of additional capacity of prisons through the Scheme of Modernisation of Prisons, (c) Launch of National Mission for

Justice Delivery and Legal Reforms, (d) Insertion of a new section viz.

436A in the Criminal Procedure Code etc.

(b) : As per data collected from States/UTs by the National Crime Records

Bureau, a total of 4,19,623 inmates were lodged in 1,401 different categories of jails out of sanctioned capacity of 3,66,781 inmates showing occupancy rate of 114.4% at the end of the year 2015.

(c) & (d) : Hon’ble Supreme Court, in the matter of Suo Motu W.P. (Civil) No.

406 of 2013 regarding inhuman conditions prevailing in prisons in India had passed certain directions in respect of undertrial prisoners and their living conditions in jails. Since “Prisons” is a State subject and management of prisons is the responsibility of State Governments, the States/UTs have been asked through various advisories issued from time to time to take necessary action on the directions issued by the Supreme Court. These advisories are available at http://mha1.nic.in/PrisonReforms/advisiory.html.

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