Professional Documents
Culture Documents
08 - Chapter 03 Overcrowding
08 - Chapter 03 Overcrowding
3.0 Introduction
This chapter deals with prison overcrowding and general living conditions of
prisoners. When prison population goes beyond its authorised capacity of
accommodation, it is known as Overcrowding. Overcrowding in the Prisons is an
important human rights issue as it results in deterioration of the general living
conditions of the prisoners. It also creates hindrances in the reformation process.
Prison officers find it difficult to initiate and continue correctional measures. This
chapter discusses the nature and extent of overcrowding with special reference to
Amritsar Central Jail. It also looks at causes and consequences of overcrowding and
suggests remedial measures.
The world-wide prison population as per the International Centre for Prison
Studies, Kings College, London (2006) is 94.5 lakhs as against the total world
population of 665 crores. This amounts to 0.14 percent of the total population being
lodged in the prisons. The total estimated prison population in India for the year 2006
is 3, 58,368 as against total population of 1,12,98,66,154. It amounts to 0.03 percent
of the total Indian population being confined in the jails [BPRD, 2008]1. The
percentage figure is much below the world average. However it is because of
population explosion in India. The number of prisoners is very high keeping in view
the prison capacity in India.
2
www.term-papers.us/ts/hc/svn278.shtml
3
News Nerve magazine dated 17 September 2006
4
www.news.bbc.co.uk/1/hi/uk/2222022.stm
5
Supra Note 1
46
Reformation and correctional measures have not gathered momentum in India
due to immense pressure of overcrowding. According to Upneet Lalli (2000)6, an
important aspect in prison administration is the population that the authorities have to
handle in the prisons. A major problem being faced in most of the Indian prisons is
overcrowding of prisoners which leads to inadequate infrastructural facilities and lack
of essential services to the prison inmates. Inflation of the Prison Population poses a
challenge to policymakers and governments in many parts of the country. As per
Prison Snapshot 20047, Jharkhand reported the highest overcrowding of prisons
(300.9 percent) followed by Delhi (249.7 percent) while the least occupancy was
reported from Daman & Diu (22.5 percent). Other most affected states are Bihar,
Chhattisgarh, Gujarat, Madhya Pradesh, Maharashtra, Orissa, Sikkim, Uttar Pradesh,
Tripura, Haryana and Punjab.
The extent of overcrowding in India is highlighted in Table 3.1 and Figure 3.1.
At the end of the year 2005, the highest number of 56,718 inmates was reported from
Uttar Pradesh followed by Bihar 45,818. Jharkhand reported the highest overcrowding
of prisons (318.2 percent) followed by Gujarat (200.5 percent) and Delhi (197.1
percent) while the least occupancy was reported from Lakshadweep (10.0 percent)8.
Table 3.1
9
Percentage of Overcrowding along with Authorised Capacity and Actual Prison
Population in India from 2001 to 2006
Year Authorised Prison Percentage of
Capacity Population Overcrowding
2001 2,29,713 3,13,635 136.50 percent
2002 2,29,874 3,22,357 140.20 percent
2003 2,33,543 3,26,519 139.80 percent
2004 2, 35,012 3,31,391 141.00 percent
2005 2,46497 3,58,368 145.38 percent
2006 2,63,911 3,73,271 141.43 percent
Source: NCRB, New Delhi
6
Lalli, Upneet: Problem of Overcrowding in Indian Prisons – A study of undertrials as one of the
factors, Institute of Correctional Administration, Chandigarh, 2000
7
Prison Statistics 2004, NCRB, India
8
Prison Statistics, 2005, NCRB, India
9
Percentage of overcrowding = (Total Population/Prison Capacity)x 100
47
The highest number of 66,669 inmates were reported from Uttar Pradesh (17.9
percent) followed by Bihar 44,281 at the end of the year 2006. Delhi reported the
highest overcrowding of prisons (214.4 percent) followed by Gujarat (206.9 percent)
and Chhattisgarh (195.5 percent).10 It shows that Jharkhand maintained highest
percentage of overcrowding in 2004 and 2005 while Delhi topped the list again in
2006.
Figure 3.1
Overcrowding situation in India from 2001 to 2006
In Tihar Jail, New Delhi, 13772 inmates were lodged against total capacity of 6250 in
October 2006.11 And thus the percentage of overcrowding comes as 220 percent.
10
Prison Statistics, 2006, NCRB, India
11
Office of the office of DIG, Tihar Jails, New Delhi
12
Office of IG Prisons, Punjab, Chandigarh
48
Thus we can see that the problem of overcrowding in Punjab is almost at par
with the national percentage. Of all the seven Central Jails in Punjab, Amritsar is the
most important and sensitive one. Data have been collected from Amritsar Central Jail
in terms of total capacity and actual population from 2003 to 2008. For 2008, data
have been collected twice-- January and September. This has been tabulated and
percentage overcrowding has been calculated as given in Table 3.2.
Table 3.2
Year-wise Overcrowding Percentage in Amritsar Central Jail from 2003 to 2008
overcrowding
Year* Capacity Population
percentage
2003 1000 1793 179.3
2004 1000 2005 200.5
2005 1000 2027 202.7
2006 1000 2136 213.6
2007 1000 2134 213.4
2008 1000 2316 231.6
2008** 1000 2550 255.0
*Indicates average data of January each year
** Data of September 2008
Source: Office of the Superintendent, Amritsar Central Jail
Figure 3.2
Overcrowding in Amritsar Central Jail from 2003 to 2008
Table 3.3
Room-wise Actual Number of Prisoners and Capacity in Barrack 2
Room No Capacity Actual number of inmates
I 25 105
II 25 113
III 25 115
IV 25 104
50
In Barrack no. 2 on 25 August 2006, 437 inmates were lodged against the
actual capacity of hundred. Similarly in the barrack no. 7, 314 prisoners were lodged
on 25 August 2006 against authorised capacity of 100. Thus percentage overcrowding
in barrack number 2 and 7 is 437 and 314 percent respectively far more than prison
percentage in 2006 which is 213.6.
Table 3.4
Room-wise Actual Number of Prisoners and Capacity in Barrack 7
I 25 85
II 25 77
III 25 70
IV 25 82
The situation in the cells is almost similar. In one cell 61 prisoners were
lodged against the capacity of 30. In another cell 40 prisoners were lodged against the
capacity of 10. In this cell normally newcomers are accommodated. However, there is
no overcrowding in the women’s barrack as it accommodates around 100 prisoners
against the capacity of 100. However, women prisoners are facing many other
problems which will be discussed later.
13
Manual for the Superintendence and Management of the Prisons in Punjab, 1996, Para 496
51
iii) Condemned prisoners, prisoners convicted to rigorous or simple
imprisonment, civil prisoners, and undertrial prisoners.
iv) Adult prisoners from adolescents.
v) Habitual prisoners from non-habitual prisoners.
vi) Prisoners under TADA and COFEPOSA be kept separate from other
prisoners.
vii) Inmates suspected to be suffering from mental disorders.
viii) Homosexuals.
ix) Sex perverts.
x) Drug addicts and traffickers in narcotics.
xi) Inmates having suicidal tendencies.
xii)Inmates exhibiting violent and aggressive tendencies.
xiii) Inmates having escape or discipline risks.
xiv) Known bad characters
The abovementioned classification is required for the purpose of reformation
and rehabilitation projects. If these provisions are implemented, the percentage of
overcrowding will increase approximately by double.
14
Draft National Policy on Prison Reforms and Correctional Administration, Bureau of
Police Research and Development, New Delhi, 2007, p.129
15
Supra Note 6
52
undertrial prisoners are the main causes of overcrowding in jails16. However if we rely
on the data analysed by the BPR&D, Indian Courts are very liberal to grant bail and
only 2.87 percent of total arrestees were lodged as undertrials in 2004. A total of
75,66,500 persons were arrested in India during 2004 in both Bailable and Non-
Bailable offences. Out of this large number of arrestees, only 2,17,130 were lodged in
the prisons. Similarly in the year 2005, the percentage of imprisoned undertrials to the
total arrests was found to be 3.6 percent. Thus over 96 percent of the persons arrested
in connection with their involvement in committing crime are able to get bail,
signifying ‘Bail not Jail’ as the underlying guiding factor in the Indian Criminal
Justice System.17
16
Annual Report 2004-2005, NHRC, New Delhi
17
Supra Note 1, p.7
53
In the context of Amritsar Central Jail, there has been no addition of
accommodation during the period 2003 to 2008. The capacity of the prison remains
1000. The only addition noticed was one barrack for the women inmates having two
rooms. Out of this, one room is utilised for vocational training of women inmates and
the other room has been assigned for living accommodation, in which 25 wooden cots
have been provided with community support.
Table 3.5 and Figure 3.3 show that the distribution of undertrials in the Prison
Population of India from 2001 to 2006 as per National Crime Records Bureau.18
Table 3.5
Distribution of Undertrial Prisoners from 2001 to 2006 in India
Year Prison Number of Percentage of
Population undertrials undertrials
2001 3,13,635 2,20,817 70.5
2002 3,22,357 2,23,038 69.2
2003 3,26,519 2,17,658 66.66
2004 3,31,391 2,17,130 65.5
2005 3,58,368 2,37,239 66.2
2006 3,73,271 2,45,244 65.7
18
Prison Statistics India 2001-2006, National Crime Records Bureau, New Delhi
54
Figure 3.3
Distribution of Undertrial Prisoners from 2001 to 2006 in India
It shows that from 2001 to 2006, the population of undertrials in Indian Jails
remained very high ranging from 65 percent to 70 percent. In the year 2006 it was
65.7 percent. This is far more than the one in other countries. The percentage of
undertrials in the UK was only 17.5 percent and in the USA 20.20 percent in 2004
(BPR&D, 2007). As per the Draft National Policy on Prison Reforms (BPR&D,
2007), the composition of prisoners in India, with 65.5 percent of undertrial
population is the cause of concern because it necessitates custody of a very high
number of persons who ultimately get acquitted. The conviction rate in India has been
hovering around 40 percent for the last several years. It means that out of around 60.5
percent prison population falling into the undertrial category, as many as 1,30,270
prisoners i.e. equal to the prevailing 60 percent (acquittal rate) should not have been
languishing in jails. Delay in trial is the main cause for the large number of undertrials
in the jails.
In Amritsar Central Jail, the undertrial population in the years 2003 to 2008
ranged from 65.9 percent to 67.7 percent (See Table 3.6). In 2003, undertrials were
65.9 percent of the total population which went down between 58 to 61 percent till
2007. However, it went up to 67.7 percent in 2008. In September 2008, the undertrial
prisoners constituted 67.7 percent (1570) of the total prison population (2316). The
situation is more or less similar to that of national as seen from Table 3.5. It is evident
55
from the data stated above that the number of undertrial prisoners only is one and a
half times more than the authorised capacity of Central Jail Amritsar i.e. 1000.
Table 3.6
Distribution of Undertrial Prisoners from 2003 to 2008 in Amritsar Central Jail
Year Prison Number of Percentage of
Population undertrials undertrials
2003 1793 1183 65.9
2004 2005 1164 58.1
2005 2027 1228 60.5
2006 2136 1293 60.5
2007 2134 1305 61.15
2008 2316 1570 67.7
Source: Office of the Superintendent, Amritsar Central Jail
Now the data will be compared with that of Tihar Prison, New Delhi. As
shown in Table 3.7, Delhi’s Tihar Prison is worse affected with the problem of
overcrowding because of increasing number of undertrials. In 2006, total 13772
prisoners were lodged in Tihar Prison as against the authorised capacity of 6250 and
thus overcrowding was 145.38 percent. Out of theses 13772 prison inmates, 11156
were undertrials constituting 81 percent of the total population.
Table 3.7
Distribution of Undertrials’ Population in Tihar Prison as on 18.10.2006
56
Thus increasing number of undertrials is a serious problem and is responsible
for overcrowding to a great extent.
3.4.3 Lack of impartial and independent mechanism for the grant of Probation,
Parole, Remission and Commutation of sentence and other form of Pre-mature
release
In the Indian Jails, there are certain class of convicted prisoners who should
not be kept in the custody if the Administration adopts an impartial and independent
mechanism of probation, parole, remission and commutation of sentence and other
forms of pre-mature release. Since the number of such convicts is very large, it is one
of the basic reasons for overcrowding. If a mechanism is put in place it would greatly
help in providing relief to the convicts and also resulting in reducing the problem of
overcrowding.
19
NHRC, New Delhi, Case No. : 233/10/97-98, Date of decision: 20 October, 1999
57
system of premature release of the prisoners is evolved for adoption by the State
Governments.”20
Section 360 of the Cr.P.C 1973 deals with the powers of the court to release
certain convicted offenders on probation of good conduct instead of sentencing them
to imprisonment. However, this facility is not extended uniformly and impartially.
Remission is a concession which can be granted to prisoners by the State
Government or by the Head of the Prison Department and Superintendent of Prisons.
Remission is intended to be an incentive for good behaviour and work.21
The relevant provisions in regard to the suspension and remission of sentence
are contained in Section 432 of the Code of Criminal Procedure which reads as
follows:
“Power to suspend or remit sentences-
(1) “When any person has been sentenced to punishment for an offence, the
appropriate Government may, at any time, without conditions or upon any
conditions which the person sentenced accepts, suspend the execution of his
sentence or remit the whole or any part of the punishment to which he has
been sentenced.”
The provisions of remissions are also arbitrary in nature and do not serve any purpose
in the absence of uniform procedure throughout the country.
There are very few cases in which the accused are released on parole after
conviction as per the Probation of the Offender's Act. Premature release has become
highly politicized and this privilege is given mainly to persons close to politicians or
their relatives.22
In Amritsar Central Jail also, the situation is not satisfactory. The inmates have
genuine grievances about their cases not being sent for premature release on time and
even pendency of such requests with the competent authority without any reason. The
same has been cross-checked by records and opinion given by the prison officers.
Hundred convicted prisoners were interviewed by the researcher. It was observed that
95 percent of the convicted prisoners are not satisfied with the procedure of remission
and premature release. Out of the hundred convict respondents, only 5 percent were
20
Ibid.
21
Bureau of Police Research and Development, Model Prison Manual, 2003, (Para 16.02)
22
Hiremath Vijay, Combat Law, Vol 7 Issue 2 , March - April 2008
58
satisfied with this process. Corruption in the system and biased approach of the jail
officers are also responsible for aggravating this problem. Only 49 percent of the
respondents have availed of the facility of remission.
Thus unnecessary burden of jails can be reduced if a uniform and impartial
system of remission and premature release is made functional.
As reported in The Tribune, ‘Prisoners took over the overcrowded Central Jail
located near Basti Adda Chowk Jalandhar and did not allow anyone to come near
them for a couple of hours today. The prisoners also tried to blow up the boundary
wall of the 19th century jail of the British time. The jail police resorted to fire several
rounds in the air and fired teargas shells to thwart their attempt to flee’.23
Amritsar Central Jail has also witnessed incidents of violence from time to
time. An inmate was killed by two fellow inmates in October 2008 in the Amritsar
Central Jail.
Prison overcrowding has many negative effects upon inmates. Research has
demonstrated that prison overcrowding creates competition for limited resources,
aggression, higher rates of illness, increased likelihood of recidivism and higher
suicide rates.24
23
The Tribune, Chandigarh, January 09, 2008
24
John Howard Society: Prison Overcrowding, Alberta, 1996
59
and social rehabilitation, it implies that the prisoners must have some activity to do.
The undertrials spend the whole day locked in a cell or sitting idly.25
On the basis of interviews with the prisoners as well as prison authorities, the
following consequences of overcrowding are enumerated:
2. Prisoners do not get adequate space in the sleeping barrack as required for a
normal human being.
9. Overcrowding leads to adverse Inmate official ratio. The Indian prisons had a
strength of 39,687 Jail Officials to take care of 3,73,271 inmates which
amounts to 1 Jail Official per 9 inmates(year 2006). The highest number of
inmates per jail official was reported from Bihar (25) followed by Jharkhand
(24) and Gujarat (17)26. In Amritsar Jail, around 250 prison officers are posted
against total prison population of 2550 (in 2008) amounting 10.60 inmates per
official.
25
Supra Note 6, p.32
26
Supra Note 9
60
3.6 Conclusion
Overcrowding is prevalent in the prisons of India and it has rising trend over
the years. It is one of the important factors which have far reaching implications on
basic human rights of prisoners. The growth rate of prison population in Indian
prisons during 2005 over 2001 is found to be 14.26 percent which shows an average
annual growth rate of 3.56 percent. In absolute number, it translates into 11,183
additional prisoners per year. The overcrowding in Indian prisons as on 1 January
2006 is found to be 145.4 percent which is much higher than in the UK (112.2
percent) and USA (107.9 percent). The total prison population in India is 3, 58,368
against the authorised capacity of 2, 46,497 prisoners as on 1 January 2006. Around
0.03 percent of the total Indian population is confined in the jails in 2006.
61
of the prisons. Lalli (2000) has also pointed out that undertrials population is
one of the key factors responsible for overcrowding of the prisons.
Overcrowding adversely affects health and hygiene of prisoners and overall living
conditions including quality of food. It also leads to indiscipline and recidivism and
thus hampers the process of reformation and rehabilitation of prisoners.
62
c. Implementation of the provisions of Plea bargaining under section 265
A to 265 L of the Criminal Procedure Code 1973 which have been
inserted by Code of Criminal Procedure (Amendment ) Act 2005;
63