In recent news, The Supreme Court appointed Justice Amitava Roy Committee has suggested a series of reforms to address pressing issues in Indian prisons. Established in 2018, the Committee was tasked with investigating problems ranging from overcrowding to limited legal counsel for convicts and issues surrounding parole and remission. This article will explore the issues highlighted by the committee and their key recommendations for reform.
The Prevailing Problems
According to the Committee, India’s prison system is grappling with several major issues:
Overcrowding in Prisons
India had a total of 1,341 functional prisons as of November 2018, housing a population of 468,000 against a sanctioned capacity of 383,000. Between 2016 and 2018, the prison population rose by 8.2%, while the sanctioned capacity only increased by 0.7%. Seven states – Uttar Pradesh, Madhya Pradesh, Chattisgarh, Uttarakhand, Sikkim, Meghalaya, and Delhi – have a prison occupancy rate of over 150%.
Disproportionate Number of Undertrials
The report also revealed a significant disproportion between undertrial prisoners – individuals awaiting trial – and convicted prisoners in Indian jails.
Staff Shortage
The Prison Department suffers a chronic staff shortage, averaging between 30%-40%, which hampers the implementation of the Model Prison Manual and various jail reforms.
Food Hygiene Concerns
The food offered in prisons is prepared under ‘primitive and arduous’ conditions – congested and unhygienic kitchens serving unchanged diets for years.
Suggestions for Reform
The committee proposed a number of key recommendations to address the above problems:
Addressing Overcrowding
Counteracting overcrowding can be achieved by implementing speedy trials, ensuring a lawyer-to-prisoner ratio of at least 1:30, setting up special courts for petty offences pending for over five years, avoiding adjournments where witnesses are present, and promoting plea bargaining.
Reforms for Prisoners
Prisoners should be given a free phone call per day during their first week in jail, effective legal aid should be provided, vocational skills and education should be made available, video-conferencing should be used for trials and alternatives to incarceration, such as fines and admonitions, should be considered.
Addressing Staff Shortages
The Supreme Court should mandate recruitment against permanent vacancies within three months and complete the process within a year.
Improving Food Standards
Modern cooking facilities should be introduced, and canteens should be made available for essential item purchases.
Note that prison management falls under individual State Governments’ responsibility, although guidance is provided by the Ministry of Home Affairs. Furthermore, Article 39-A of the Constitution stipulates that free legal aid or service is a fundamental right under Article 21 of the Constitution of India, hence suggesting the importance of providing free legal aid to prisoners. In cases where bail is granted but not posted, release on a Personal Recognizance (PR) Bond is an alternative; this entails release from custody based solely on a written promise to appear in court.
