Prison Profile
Prison establishments in India exist at three levels - the taluka level, district level, and central (sometimes called zonal/range) level. The jails in these levels are called Sub Jails, District Jails, and Central Jails respectively. The other types of jail establishments are Women Jails, Borstal Schools, Open Jails and Special Jails. Prisons, and their administration, is a state subject covered by item 4 under the State List in the Seventh Schedule of the Constitution of India. The management and administration of prisons falls exclusively in the domain of the State governments, and is governed by the Prisons Act, 1894 and the Prison manuals of the respective state governments. Thus, the states have the primary role, responsibility and authority to change the current prison laws, rules and regulations. The Central Government provides assistance to the states to improve security in prisons, for the repair and renovation of old prisons, medical facilities, development of borstal schools, facilities to women offenders, vocational training, modernization of prison industries, training to prison personnel, and for the creation of high security enclosures.
The Supreme Court of India, in its judgements on various aspects of prison administration, has laid down 3 broad principles regarding imprisonment and custody. First, a person in prison does not become a non-person. Second, a person in prison is entitled to all human rights within the limitations of imprisonment. Third, there is no justification for aggravating the suffering already inherent in the process of incarceration.
Prison establishments in India exist at three levels - the taluka level, district level, and central (sometimes called zonal/range) level. The jails in these levels are called Sub Jails, District Jails, and Central Jails respectively. The other types of jail establishments are Women Jails, Borstal Schools, Open Jails and Special Jails. Prisons, and their administration, is a state subject covered by item 4 under the State List in the Seventh Schedule of the Constitution of India. The management and administration of prisons falls exclusively in the domain of the State governments, and is governed by the Prisons Act, 1894 and the Prison manuals of the respective state governments. Thus, the states have the primary role, responsibility and authority to change the current prison laws, rules and regulations. The Central Government provides assistance to the states to improve security in prisons, for the repair and renovation of old prisons, medical facilities, development of borstal schools, facilities to women offenders, vocational training, modernization of prison industries, training to prison personnel, and for the creation of high security enclosures.
The Supreme Court of India, in its judgements on various aspects of prison administration, has laid down 3 broad principles regarding imprisonment and custody. First, a person in prison does not become a non-person. Second, a person in prison is entitled to all human rights within the limitations of imprisonment. Third, there is no justification for aggravating the suffering already inherent in the process of incarceration.
SUBJECT Variables
COUNT & CAPACITY
- As of 30th December 2022, there were a total of 1,330 prisons in India which can accommodate 436,266 prisoners.
PRISON OCCUPANCY
- In 2022, there were 573,220 prisoners in Indian prisons that could house only 436,266 prisoners.
- Prison crowding remains a serious concern as the occupancy continues to be stretched over the years. The current average prison occupancy rate across India stands at an unhealthy 131.4%. This effectively means that for every 100 spaces in prisons, there are 131 occupants.
- Prisons in Delhi had the highest occupancy rate (184.5%) in 2022 followed by those in Uttarakhand (183.3%). This means that prisons in Delhi and Uttarakhand have 5 people vying for places meant for 3 people.
- Of the 36 states/UTs, 26 states had a prison occupancy rate of over 100% in 2022. In 2021, 20 states/UTs had a prison occupancy rate over 100%.
- In 2022, 5 states/UTs had a prison occupancy rate of under 75%. These are Ladakh, Lakshadweep, Manipur, Nagaland, and Tripura.
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