(a) the total number of under trials languishing
in various jails in the country, category, gender
and State-wise;
(b) whether it is a fact that out of 3.81 lakh
prisoners in the country 2.54 lakh are under
trials, if so, the details thereof and the steps
taken by the Government to reduce the number
of under trials in the jails;
(c) the total number of such prisoners who have
spent more time in jails than the actual period
of their sentence;
(d) the total number of prisoners suffering from
TB, HIV/AIDS, typhoid, hepatitis etc. along with
the action taken by the Government to provide
more experienced doctors in the jails for
providing medical facilities to the prisoners;
(e) whether the High Court of Delhi has issued
notices to the Union and the Government of the
NCT of Delhi on the deplorable conditions of
under trials, especially women and mentally
challenged, if so, the details thereof and the
reaction of the Union and the Delhi Government
in this regard; and
(f) the steps taken by the Government in
consultation with States to address the issues,
provide basic amenities to prisoners and to
ensure speedy delivery of justice to the under
trials?
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ANSWER
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MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS
(SHRI HARIBHAI PARATHIBHAI CHAUDHARY)
(a)&(b): As per the National Crime Records
Bureau at the end of 2013, the total numbers of
jail inmates as on 31.12.2013 is 4,11,992 out of
which there were 2,78,503 undertrial prisoners.
A statement of total number of under trials
languishing in various jails in the country, category,
gender and State-wise are enclosed at the
annexure.
The following measures have also been taken
by the Government of India in respect of undertrial
prisoners to reduce overcrowding in prisons:
(i) An advisory has been issued by the Government
of India on 17.1.2013 to the States/UTs regarding
use of section 436A of the Cr P.C. to reduce
overcrowding of prisons.
(ii) The Union Home Minister has written to the
Chief Ministers/LG of States/UT on 3.9.2014
regarding use of section 436A of Cr P.C. to
reduce overcrowding in jails of the country.
(iii) Director General (Prisons)/Inspector General
(Prisons) of all the States/UTs have been requested
on 22.9.2014 to take necessary action to comply
with the order dated 5.9.2014 of the Hon’ble
Supreme Court in the matter of Bhim Singh Vs
Union of India & Others.
(iv) An advisory dated 27.9.2014 has been
issued by the Government of India to the States/
UTs on reckoning half-life of time spent in
judicial custody of Undertrial prisoners under
Section 436A of Cr P. C.
(c)&(d): ‘Prisons’ is a State subject under
List II of the Seventh Schedule to the Constitution
and, therefore, prison administration is primarily
the responsibility of the State Governments.
Such data is not maintained centrally.
(e)to(f): Yes, Madam. The Hon’ble High Court
of Delhi in the Writ Petition (Crl) No. 283/2015
has given directions in this regard. The
Government of India has already issued
following advisories to the States/UTs:
(i) A comprehensive advisory dated 17.7.2009
on Prison Administration to the States/UTs covering
all aspects of prison administration.
(ii) Advisory dated 15.5.2006 regarding ”Facilities to
the children of women prisoners – Guidelines issued
by the Supreme Court” wherein the Hon’ble Supreme
Court had issued guidelines for providing various
facilities to the children of women prisoners.
(iii) Advisory dated 13.8.2010 on the policy for the
treatment of terminally ill prisoners/inmates (TIPs).
These advisories are available at the website of
the Ministry of Home Affairs at the link:
http://mha.nic.in/sites/upload_files/mha/files/Prison
Advisories-1011.pdf
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