Indian Jails Are So Much Overcrowded That There Are 600% More Inmates Than Actual Capacity

Criticising the apathy of states and Union Territories toward prisoners' human rights in overcrowded jails, the Supreme Court warned directors general of prisons of contempt of court action if they failed to submit plans within two weeks to decongest jails, which were packed to 150% of their capacity, and in one case at 609%.

Referring to overcrowding of jails, for which the SC has been unsuccessfully asking states for a decongestion plan since May 6, 2016, a bench of Justices Madan B Lokur and Deepak Gupta said, "This is extremely unfortunate and clearly suggests complete lack of commitment of state governments and UTs to the human rights of prisoners and also indicates the failure of under-trial review committees to take their responsibility seriously."

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The bench asked the governments of Andhra Pradesh, Maharashtra, Tamil Nadu, West Bengal, Punjab, Delhi, Goa, Madhya Pradesh, Assam and Bihar to respond to amicus curiae Gaurav Agrawal's query relating to rights, including solitary confinement, legal representation and consultation with family members of prisoners who have been awarded death penalty.

Agrawal said a large number of jails were overcrowded well above 150% of their capacity and in one case, it was 609%. The bench recalled that it asked states and UTs on May 6, 2016, to prepare a plan of action to deal with overcrowding.

"This was reiterated on October 3, 2016, and a deadline for drafting prison decongestion plan was fixed for March 31, 2017.

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Not a single state or UT has furnished us any plan of action," the bench said. It said failure submit plans could force the SC to issue contempt notices against directors general of police (prisons).

"We require the directors general of police (prisons) of state governments and UT administrations to specifically state on affidavit clearly and unequivocally the steps that have been taken to fill up the vacancies and progress made in that regard," the bench said.

National Legal Services Authority informed the bench th- at of the total sanctioned stren- gth of 77,230 prison staff in all jails, 22,548 posts (30%) were vacant as on December 31, 2017.

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Agrawal said his query on vacancy was met with a routine answer that filling the posts was underway without indicating the stage of the process.

The court was informed that some sort of standard operating procedures for under-trial review committees were prepared in consultation with Nalsa and 18 states/UTs had provided their comments. The SC granted two weeks to the remaining states and UTs to respond with their comments.