In light of the recent surge in Covid-19 cases, the Supreme Court of India has issued an interim order for the release of eligible prisoners. This decision intends to lower the population density in jails and safeguard the health and lives of inmates.
The Supreme Court Order’s Key Points
In the order, the court underscores the importance of adhering to established norms, drawing specific attention to the Arnesh Kumar vs State of Bihar case from 2014, which instructs law enforcement against unnecessary arrests, particularly in situations with jail terms fewer than seven years. The judgment urges district authorities nationwide to apply Section 436A of the Code of Criminal Procedure (Cr.P.C), which stipulates the release of undertrials who have served half or more of their maximum prison term on personal bonds.
Additionally, the court suggests legislators consider house arrest for convicts to avoid prisons’ overpopulation. As per the most recent data, the occupancy rate of prisons in 2019 was 118.5%. A significant portion of governmental funds is typically allocated to the maintenance and operation of these prisons.
The Supreme Court also instructed all States to adopt preventive measures and put together high-powered committees to determine prisoners eligible for bail or parole for specific durations.
Status of Indian Prisons
Indian prisons face longstanding issues such as overcrowding, understaffing, underfunding, and instances of violence. The Prison Statistics India report published by the National Crime Records Bureau in 2019 delves into the numerous challenges prisoners in India face.
The report reveals India’s under-trial population to be among the world’s highest. It also shows that a majority of undertrial prisoners were detained for less than six months in 2016. On concluding 2016, out of 4,33,033 people held in prison, undertrials constituted 68%. The alarmingly high undertrial population might be due to unnecessary arrests and the ineffective legal aid rendered at remand hearings.
Preventive Detention and Unawareness about Section 436A of C.R.P.C.
In recent years, there has been an increase in the number of people held under preventive detention laws, especially in regions like Jammu and Kashmir, where a 300% increase was observed from 2015 to 2016. Preventive detention is employed by authorities to hold individuals without charge or trial, bypassing standard criminal justice procedures.
There also exists a discrepancy between the number of prisoners eligible for release under Section 436A of the Code of Criminal Procedure and those released. Amnesty India’s research found that prison officials are often unaware or unwilling to apply this section, contributing to this issue.
Concerns about Unnatural Deaths and Mental Health in Prison
The number of unnatural deaths in Indian prisons doubled from 2015 to 2016. Suicide rates among prisoners increased by 28% within the same period. According to the National Human Rights Commission, a person incarcerated is one and a half times more likely to commit suicide than someone outside, suggesting serious mental health concerns within Indian prisons.
However, in 2016, there was only one mental health professional available for every 21,650 prisoners. Only six States and one Union Territory had psychologists or psychiatrists on staff. The National Crime Records Bureau reported that approximately 6,013 individuals with mental illness were incarcerated in 2016. Even though legislation mandates the presence of a welfare officer and a law officer in each jail, these positions remain unfilled, signifying the low priority given to prisons.
Recommendations for Prison Reform
Justice Amitava Roy’s Committee, appointed by the Supreme Court, suggested strategies to alleviate overcrowding and protect prisoners’ rights.
For addressing overcrowding, the committee recommended fast-tracking trials, improving the lawyer-to-prisoner ratio, setting up specialized courts for petty offenses, reducing adjournments, and promoting plea bargaining.
For protecting prisoners, recommendations include allowing phone calls for new prisoners during their first week in jail, providing efficient legal assistance, imparting vocational skills and education, using video-conferencing for trials, exploring alternative sentencing, like fines and admonition, and expediting recruitment processes for prison staff vacancies.
The Law Commission of India, in 2017, also recommended that undertrials who have finished a third of their maximum sentence for crimes that carry a term of up to seven years be released on bail.
Constitutional Provisions Related to Prisons
‘Prisons/persons detained therein’ fall under State jurisdiction as per Entry 4 of List II of the Seventh Schedule of the Indian Constitution. Therefore, the administration and management of prisons are the responsibility of respective State Governments. However, the Ministry of Home Affairs regularly provides guidance to States and Union Territories on various prison-related issues.
Furthermore, Article 39A mandates the State to ensure equal opportunity for justice by providing free legal aid. The right to free legal aid is a fundamental right safeguarded by the Constitution, forming the basis for reasonable, fair, and just liberty under Article 21.
Defining terminology used in the article: ‘Undertrial’ refers to individuals yet to be found guilty of alleged crimes. ‘Preventive Detention’ involves imprisoning a person with the aim of preventing them from committing further offences or maintaining public order. A ‘Personal Recognizance (PR) Bond’ allows a person to be released from custody without posting bail. They must, however, appear in court on their specified court date and abide by any court-determined conditions for release.
