NCRB Report on Prison Inmates

In Context 

• According to the latest available data compiled by the National Crime Records Bureau (NCRB) for 2020, about 76% of all prison inmates in the country were undertrials, of which about 68% were either illiterate or school dropouts.

Major Findings of Report 

• Of the total 4,88,511 prison inmates, 3,71,848 were found to be undertrials.
  • Among the undertrials, about 20% were Muslims, while about 73% were Dalits, tribals or OBCs.
  • Muslims form 14% of India’s population, they accounted for about 20% of the total undertrials and 17% of all convicts.
  • Dalits, who form 16.6% of India’s population, accounted for about 21% of all undertrials and 21% of all convicts.
  • Tribals, who form 8.6% of India’s population, accounted for about 10% of all undertrials and 14% of all convicts.
  • OBCs, who form 41% of the total population (NSSO data), accounted for about 42% of the total undertrials and 37% of all convicts.

• According to the data, about 30% of all undertrials remain in jail for over a year while 65% don’t get released before three months.
  • About 50% of all undertrials were charged with “offences against human body”, which includes crimes like murder, attempt to murder, rape, dowry deaths, kidnapping and assault among others. 
  • About 20% were charged with “offences against property”, which includes crimes like theft, burglary and housebreaking among others.

• State-wise data 
  • Delhi and Jammu and Kashmir (J&K) were found to have the highest ratio of undertrials in jails at 91%, followed by Bihar and Punjab at 85%, and Odisha at 83% .

Other Issues faced by prisoners 

• Overcrowding
• Prolonged detention of under-trial prisoners
  • A poor man remains in jail for over a year without trial for minor offences such as theft
• Unsatisfactory living conditions
• Lack of treatment Programs 
• The allegations of the indifferent and even inhuman approaches of prison staff have repeatedly attracted the attention of the critics over the years. 
• Many inmates can’t even afford the bail amount 

Recommendations of Various Committees 

• Recommendations of Law Commission of India in its 268th report: The Commission recommended that those detained for offences that come with a punishment of up to seven years of imprisonment should be released on completing one-third of that period and for those charged with offences that attract a longer jail term after they complete half of that period. 
• It also recommended that the police should avoid needless arrests, while magistrates should refrain from mechanical remand orders.  
• Open prisons Concept: The All-India Committee on Jail Reform constituted in 1980 recommended the government to set up and develop open prisons in each state and UT similar to the Sanganer open camp in  Rajasthan 
  • It also recommended that life convicts who offer a good prognosis should be transferred to semi-open & open prisons.
• Justice Amitava Roy Committee Recommendations: In 2018 The Supreme Court constituted a three-member committee, to be headed by former apex court judge Amitava Roy, to look into the aspect of jail reforms across the country and make recommendations on several aspects, including overcrowding in prisons.it recommended 
  • Special fast-track courts should be set up to deal exclusively with petty offences which have been pending for more than five years. 
  • Further, accused persons who are charged with petty offences and granted bail, but who are unable to arrange surety should be released on a Personal Recognizance (PR) Bond.
  • Launching a National Mission for Justice Delivery and Legal Reforms
• In 1980, a Committee on Jail Reform, under the chairmanship of Justice AN. Mulla was constituted to review the laws, rules and regulations keeping in view the overall objective of protecting society and rehabilitating offenders.
  • The lodging of undertrials in jail should be reduced to the bare minimum and they should be kept separate from the convicted prisoners. 
    • Since under trials constitute a sizable portion of the prison population, their number can be reduced by speedy trials and liberalisation of bail provisions.

Way Forward

• It is imperative for authorities to determine the urgent interventions necessary for safeguarding the fundamental right to life of prisoners. 
  • These measures must include decongestion, whether by setting up temporary prisons if feasible or by issuing new criteria for releasing prisoners.

• Restricting the interaction of inmates with jail staff is crucial — authorities suspect that asymptomatic jail officials may have contributed to the spread of the virus.  
• Data on the prevalence of testing, infection and vaccination, as well as the status of medical infrastructure in jails, must be released periodically to allow public monitoring. 
• Prisons in the country must be given appropriate correctional treatment through actual enforcement of various recommendations and suggestions.
• Maintenance of daily hygiene in prisons should be put at a premium.
• It is need of the hour that provisions of security of prisoners mentioned in jail manuals must be followed strictly and also well-equipped and trained prison staff should be appointed to look for safety measures. 
• Regular and timely inspection from judicial officers must be conducted. 
• All the organs of police and administration must combine together so that effective social rehabilitation of inmates can be secured.

Source: IE