In 2019, overcrowding in prisons highest in 10 years

Overcrowded prisons are more of a concern amid the pandemic, with nearly every eighth prisoner in the country being above the age of 50 years

NEW DELHI: Indian prisons have been housing more inmates than their capacity for decades now and this problem of overcrowded prisons is only getting worse, according to a report on prison statistics for 2019 released by the National Crime Records Bureau (NCRB) last month, a matter of serious concern against the backdrop of the coronavirus disease (Covid-19 pandemic. As of December 31, 2019, there were 478,600 inmates lodged in different prisons in India while they had a collective capacity to house only about 403,700 inmates. This means the number of prisoners was 118.5% of prison capacity, the highest since 2010. (See Chart 1)

While this is only one percentage point more than the number in 2018, a state-wise analysis shows that the number of states and Union territories reporting overcrowded prisons has increased from 18 in 2018 to 21 in 2019. Eleven states have reported overcrowded prisons for five consecutive years. (See Chart 2)

Prisons in Delhi were the most overcrowded among all states and Union territories – there were about 17,500 prisoners lodged in jails with a collective capacity of about 10,000, which represents an overcrowding rate of 175%. Uttar Pradesh and Uttarakhand followed next in overcrowding at 168% and 159% respectively. (See Chart 3)

Overcrowded prisons are more of a concern at present as the Covid-19 infection continues to spread in the country with about 4.1 million confirmed cases reported by September 5. The infection has been reported to have spread in multiple prison premises as well. This is a matter of concern also because nearly every eighth prisoner in India is a person above the age of 50, the age group which is at a higher risk of developing severe complications and dying due to the Covid-19 infection. (See chart 4)

“It’s stupid but it’s not surprising,” Neha Singhal of the Vidhi Centre for Legal Policy said about overcrowded prisons. “Prisons are grossly overcrowded and they urgently need to be decongested. Prisons are often difficult to manage as it is, but the current circumstances will make management an absolute nightmare.”

Singhal said maintaining social distancing norms is impossible in an overcrowded prison. “There’s no way for them to be physically far from each other because there’s just not enough space. I have spoken to a lot of prisoners and they barely have any space when they are sleeping and are forced to share mattresses,” she said.

Prisoners are also at a high risk of being infected because of their continuous movement in and out of prison premises and the fact that prisoners being jailed and released is a continuous process. In 2019, an average of over 12,000 inmates visited the courts everyday while around 1,300 were moved out of prisons everyday for medical purposes. In 2019, an average of 4,100 under-trials and 11 convicts were released from prisons every day while around 5,200 people were lodged in prisons every day.

These numbers would be lower this year because of various steps taken by prison authorities to prevent outbreak of the disease inside prisons. It is possible to release a section of prisoners, especially those who are undergoing trial, on bail or parole. In 2019, 69% of all prisoners were under-trials. This figure has increased slightly in the last four years. (See Chart 5)

“Prisons by design are not roomy spaces and when they are crowded the space for each prisoner becomes even less,” said Leah Verghese, research manager at civil society group Daksh. Verghese said she was surprised that many states did not make concerted effort to decongest prisons. “Releasing undertrials, those who are accused of less serious offences and those above the age of 60 seemed like an obvious solution to the overcrowding problem,” she said.

“Every time an under-trial is admitted there is a risk that they will infect other inmates and staff,” said Verghese. “Undertrials and convicts share the same space, thus putting everyone’s health at risk.”