The alarming reality of Indian prisons lies in their overcrowding, with 75% of inmates being undertrials. This scenario highlights the pressing need for judicial reforms. Against this backdrop, the recent announcement by the Union Home Minister, committing to ensuring justice for undertrial prisoners who have served at least one-third of their sentences by November 26, Constitution Day, offers a ray of hope. While this initiative is commendable, significant challenges persist in delivering justice.
Despite recent legislative reforms like Section 479 of the Indian Civil Protection Code, systemic inconsistencies remain. The Supreme Court’s emphasis on expediting the release of undertrial prisoners underscores the need to address this complex issue. Bureaucratic inefficiency often delays the release of eligible prisoners, even with promising schemes like financial assistance for the poor. Consequently, the proportion of undertrial prisoners in jails remains high.
The root cause lies within the criminal justice system, which prioritizes punitive measures over reformative and rehabilitative approaches. Judicial reluctance to relax bail conditions, systematic delays in identifying eligible prisoners, and over-reliance on district magistrates instead of legal service authorities exacerbate the issue. India must move beyond symbolic deadlines and focus on sustainable reforms to decongest its prisons.
According to the National Crime Records Bureau (NCRB) 2022 report, Indian prisons house 5,54,034 inmates, of whom 77.2% (4,27,165) are undertrials. Against a sanctioned capacity of 4,25,609, the occupancy rate stands at 130.2%. Uttar Pradesh leads with 1,17,789 prisoners (occupancy rate of 158.9%), followed by Bihar (73,609 prisoners; 177.2%), Madhya Pradesh (49,763 prisoners; 155.3%), and Maharashtra (40,552 prisoners; 145.6%).
Of the undertrial prisoners, 41% have been incarcerated for less than a year, 25% for one to two years, 15% for two to three years, 12% for three to five years, and 7% for over five years. While the government’s initiative could benefit around 1,45,000 inmates, systemic challenges persist.
Socio-economic analysis reveals that 69.8% of prisoners are below the poverty line, 25.2% belong to the middle class, and only 5% are from affluent backgrounds. Educationally, 35.4% are illiterate, 27.6% have primary education, 26.2% secondary education, and just 10.8% are highly educated.
The average cost per inmate in 2022-23 was ₹225.35 per day, amounting to an annual expenditure of ₹6,978 crore. Of this, ₹847 crore was spent on healthcare and ₹132 crore on education and vocational training.
Judicial delays further complicate the issue. On average, cases take 3.7 years to resolve. Each of the 18,000 judges handling undertrial cases has a backlog of 250-300 cases. Bail approval rates are also concerning: 12% within the first hearing, 28% within three months, 35% within six months, 15% within a year, and 10% after more than a year.
The 2024-25 budget proposes ₹2,675 crore for reforms, including ₹1,800 crore for prison modernization, ₹450 crore for the e-prison project, ₹250 crore for legal aid, and ₹175 crore for staff training. However, infrastructure challenges remain dire: 75% of prisons lack adequate space, 60% lack sufficient medical facilities, and the water supply per inmate is a mere 40 liters daily against the required 135 liters.
Human resource shortages further aggravate the problem, with only 60,527 staff in place out of 87,938 sanctioned positions, leaving 31% vacancies. The prisoner-staff ratio is 9:1, significantly higher than the ideal 6:1 ratio.
While Home Minister Amit Shah’s assurances about technological integration and reforms are encouraging, swift implementation is crucial. Collaboration between the judiciary, law enforcement, and civil society is essential to dismantle systemic barriers. Delayed justice not only denies fairness to inmates but also infringes on their constitutional right to personal liberty.
The plight of undertrial prisoners tests India’s commitment to human dignity. The majority of overcrowded prisoners belong to economically and socially disadvantaged groups, often lacking support even to secure bail. Policymakers must remember that the purpose of imprisonment is not merely punitive but rehabilitative.
Apart from addressing structural issues, prison reform should aim to transform individuals who, due to adverse circumstances or impulsive actions, turned to crime. The Supreme Court has previously directed the preparation of socio-economic reports on undertrial prisoners to facilitate relaxed bail conditions.
For a democratic nation like India, a humane judicial approach is essential. The government’s initiative to release undertrial prisoners is a progressive step, but its successful implementation requires the concerted efforts of all stakeholders. Only then can true judicial reforms be achieved, ensuring justice for every citizen.
Vikas Meshram is a senior journalist.
