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Infrastructure Issues : Accommodation : Overcrowding

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Infrastructure Issues : Accommodation : Overcrowding Infrastructure Issues : Accommodation : Overcrowding Component I(A) – Personal Details Role Name Affiliation Principal Prof. (Dr.) Ranbir Vice Chancellor, National Law Investigator Singh University, Delhi Co-Principal Prof. (Dr.) G.S. Bajpai Registrar, National Law Investigator University, Delhi Paper Coordinator Prof. (Dr.) Arvind Dean, School of Law, Rights and Tiwari Constitutional Governance, Tata Institute of Social Sciences (TISS) Content Writer/ Dr. Upneet Lalli Deputy Director Author Institute of Correctional Administration, Chandigarh Content Reviewer Prof. (Dr.) Arvind Dean, School of Law, Rights and Tiwari Constitutional Governance, Tata Institute of Social Sciences (TISS) Component I(B) – Description of Module Subject Criminology Paper Human Rights and Criminal Justice Module Title Infrastructure Issues : Accommodation : Overcrowding Module ID Pre Requisites Basic knowledge of victimology and role of victim in criminal law. Understanding the writ jurisdiction of Supreme Court. Basic concepts of human rights and different international human rights instruments. Learning Objectives 1. To understand about the prison system in India; 2. To know the different types of prisons and prison infrastructure available in the country; 3. To know about the nature and extent of the problem of prison overcrowding 4. To have a general awareness about the scheme of modernization of prisons Key Words Prison Accommodation , Overcrowding, INFRASTRUCTURE ISSUES: ACCOMMODATION : OVERCROWDING Introduction Prison institutions are known by different names in different countries like ‘Correctional Facilities’, ‘Detention Centre’, ‘Jails’, ‘Remand Centre’ etc. The earlier notion of prison as a place in which inmates are forcibly confined and deprived of their rights and freedom ,and further given punishment has changed. The purpose of prisons has changed from retribution and punishment to reformation and rehabilitation and there is a change in social perception towards prison and prisoners. Prisons are now treated as correction or improvement facility which indicates that there is more emphasis on reformation of prisoners than to punish them. In India, Prisons have been included at Entry No. 4 (Prison Reformatories, Borstal Institutions and other institutions of like nature and persons detained therein; institutions) in the State List (List II) in the Seventh Schedule of the Constitution of India. The management of prisons in the country is regulated by the Prisons Act, 1894, and Prison Manuals/Regulations prepared by various States based on their ground situations. Principal laws relating to prisons and their management are Constitution of India, 1950; The Prisons Act, 1894; The Prisoners Act, 1900; The Prisoners (Attendance in Courts) Act, 1955; The Transfer of Prisoners Act, 1950; The Repatriation of Prisoners Act, 2003; The Identification of Prisoners Act, 1920; Model Prison Manual (2003); The Mental Health Act, 1987; The Probation of Offenders Act, 1958; The Code of Criminal Procedure, 1973 and The Indian Penal Code, 1860.Each state has its own Prison Manual which specifies the rules and regulations for administration and management of prisons. Many states have revised their manuals to accord due emphasis on reformation and rehabilitation of offenders in society. Prison and its administration is a State Subject. Prison Establishments in different States/UTs comprise several tiers of jails. The most common and standard jail institutions which are in existence in the States/UTs are better known as central jails, district jails and sub jails. The other types of jail establishments are women jails, borstal schools, open jails and special jails. State of Maharashtra has the highest number (154 out of 1,401) of jails among the States/UTs followed by Tamil Nadu (137), Rajasthan (126), Madhya Pradesh (123), whereas , Arunachal Pradesh has only two district jails. As per Prison Statistics - 2015, there are 1401 different type of prisons in India having an authorized capacity of 366781. The main types of prisons in India are -Central, district ,sub jails and women prisons and open jail, special jails. The main function of prison officers is to make arrangement for safe and secure custody of prisoners sent to them by the courts. The jail administration is also responsible for reformation, rehabilitation and reintegration of convicts in the Society. The prison department is also known as Department of Correctional Administration in some states today (e.g. West Bengal, Himachal Pradesh). There are following types of prisons : (i) The Central Jails - to house mainly the convicts. (ii) The District Jails - to house mainly the undertrials at district level. (iii) The Sub Jails - house undertrials at Sub Division level. However, the distinction between Central Jails and District jails has now vanished. Undertrials and convicts may be housed together in one jail. In big districts, sub jails are opened at sub divisional level to house undertrial prisoners. In some of the States, revenue lock-up and civil prisons are also in use. But these prisons are not under the prison Departments. They are managed by revenue authorities. Table No. 1 :Number of prisons, capacity, population and occupancy rate in the country as on 31.12.2015 Actual SL. Authorised Occupancy rate TYPE Number population NO. capacity (%) Of inmates 1 CENTRAL PRISONS 134 159158 185182 116.4 2 DISTRICT PRISONS 379 137972 180893 127.4 3 SUB PRISONS 741 46368 39989 85.2 4 WOMEN PRISONS 18 4748 2985 66.4 5 BORSTAL SCHOOLS 20 1830 1003 48.0 6 OPEN PRISONS 63 5370 3789 70.7 7 SPECIAL PRISONS 313 10915 5769 53.4 8 OTHERS 3 420 13 24.8 9 TOTAL 1401 366781 419623 114.4 Central Jail The criteria for a jail to be categorized as a central jail differs from State to State. However, the common features observed in all the States/UTs are that the prisoners sentenced to imprisonment for a longer period (more than 2 years) are confined in the central jails, which have larger capacity in comparison to other jails. These jails also have rehabilitation facilities. Madhya Pradesh had the highest number of 11 central jails followed the Maharashtra, Punjab, Rajasthan & Tamil Nadu (9 each) and Karnataka & Delhi (8 each). Arunachal Pradesh, Meghalaya, Andaman & Nicobar Islands, Dadra & Nagar Haveli, Daman & Diu and Lakshadweep do not have any central jail in their territories. The available information regarding capacity for prison inmates in central jails in respect of States/UTs indicates that Punjab (15,322) Maharashtra (14,841), Tamil Nadu (14,127), Madhya Pradesh (13,422), West Bengal (12,300) and Bihar (11,836) have comparatively larger capacity followed by Rajasthan (9,306), Jharkhand (8,760), Uttar Pradesh (7,769), Gujarat (7,680) and Karnataka (7,162). Central jails in Punjab (1,030), Karnataka (694), Madhya Pradesh (623), Gujarat (480), West Bengal (460) and Gujarat (480) have comparatively higher capacity to accommodate female prisoners. District Jail District jails serve as the main prisons in some of the States/UTs. States which have considerable number of district jails are Uttar Pradesh (57) followed by Madhya Pradesh (39), Bihar (31), Maharashtra (28), Rajasthan (24), Assam (22), Karnataka (19), Jharkhand (17), Haryana (16) and West Bengal (12). The district jails in Uttar Pradesh (43,289), Bihar (18,486), Haryana (14,115), Madhya Pradesh (8,771), Maharashtra (6,938), West Bengal (5,217), Jharkhand (4,975), Rajasthan (4,020), Karnataka (3,861) and Assam (3,832) have the capacity of lodging a large number of inmates. Generally district jails in some States have comparatively higher capacity for accommodation of female inmates these States were Uttar Pradesh (2,635), Haryana (1,247), Madhya Pradesh (628) and Bihar (599). Sub Jail These jails are at the sub division level. Nine States have reported comparatively higher number of sub-jails revealing a well organized prison set-up even at lower formation. These States are Maharashtra (100), Andhra Pradesh (99),Tamil Nadu (96), Odisha (73), Madhya Pradesh (72), Karnataka (70), Rajasthan (60) and West Bengal & Telangana (33 each) while 9 States/UTs have no sub-jails (namely Arunachal Pradesh, Haryana, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Chandigarh and Delhi). The State of Odisha had the highest capacity of inmates (10,272) in various sub jails followed by Madhya Pradesh (5,289), Rajasthan (4,234), Bihar (4,012), Andhra Pradesh (3,302), Tamil Nadu (3,100), Maharashtra (2,361), Karnataka (2,297) and West Bengal (2,132). In some states the officer in charge of these prisons is the sub divisional magistrate, and not the prison officers. Women Jail Women jails exist exclusively for women prisoners .These exist only in 13 States/UT. Tamil Nadu & Kerala have 3 women jails each and Rajasthan have 2 women jails. Andhra Pradesh, Bihar, Gujarat, Maharashtra, Odisha, Punjab, Telangana, Uttar Pradesh, West Bengal and Delhi have one women jail each. The total capacity of women inmates was highest in Tamil Nadu (1,569) followed by Rajasthan (450), Uttar Pradesh (420), Delhi (400), Punjab (320), West Bengal (300), Kerala (272), Maharashtra (262), Telangana (250), Gujarat (210) and Andhra Pradesh (160). Borstal School The primary objective of borstal schools is to ensure care, welfare and rehabilitation of young offenders(above 18 years of age) in a different environment suitable for children and keep them away from contaminating atmosphere of the prison. The young offenders who are in conflict with law ,are detained in borstal schools are provided various vocational trainings. They are also given education with the help of trained teachers. Nine States namely, Tamil Nadu (12) and Himachal Pradesh, Jharkhand, Karnataka, Kerala, Maharashtra, Punjab, Rajasthan & Telangana (1 each) have reported borstal schools in their respective jurisdiction. Tamil Nadu had the highest capacity for keeping 692 inmates followed by Punjab (500), Karnataka (200), Maharashtra (105), Jharkhand (100), Telangana (93), Kerala (90), Himachal Pradesh (30) and Rajasthan (20). Himachal Pradesh (15) and Kerala (12) are the only States which have reported capacity for lodging female inmates in their borstal schools. Existence of borstal schools was not reported from any of the UTs.
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