The disturbing story from India’s prisons

The latest (2019) data on prisons released by the National Crime Records Bureau (NCRB) shows that Dalits, tribals, and Muslims continue to be jailed in numbers disproportionate to their share in the total population of India, according to a report in The Indian Express. The NCRB data shows that while people from Scheduled Castes (SCs) accounted for 21.7% of convicts and 21% of undertrials; those from Scheduled Tribes (STs) accounted for 13.6% of convicts and 10.5% of undertrials; and Muslims, 16.6% of convicts and 18.7% of undertrials.

While it is not the case that the demographic mix in prison must be a reflection of the demographic mix in society, the NCRB data underlines a deeper sociological truth about India — of the historic marginalisation of these communities. Their socioeconomic indicators are weak; they are unable to access opportunities for livelihoods; their encounters with the legal machinery are often brutal; and if they are implicated in cases, even in ordinary crimes, they often have to battle discriminatory attitudes and are unable to access effective legal support. The imbalance in the prisons is not because Dalits, Muslims or tribals in India violate the law more often than others — it is because structural conditions in both society and the State force a certain life on them.

While there is a larger battle that must be fought to change this discriminatory structure, an immediate priority must be providing urgent legal help. A Staterun free legal aid system was introduced in 1995 with the establishment of the Legal Services Authorities Act. But legal experts suggest that the system has been ineffective because of daunting procedures, low remuneration from the State, and corruption discourage lawyers from taking up these cases. Ensuring access to justice must be the first step to correcting the imbalance in India’s prisons.