Author: Yashijeet Gond from City Academy Law College
To the point
When the number of people in jail goes over the allowed limit, it is called Overcrowding. Our incarcerations are crowded and many people struggle to live in these confined and bad condition. This led to serious sickness and diseases in Indian prisoners. Overcrowding causes big problem involved including the convicts and prisons itself. Data shows that 3 out of 4 people are undertrial prisoners, which implies they are currently unproven or awaiting trial. To fix the legal and policy result aims to lower the number of undertrial prisoner. The Supreme Court has given several orders for better infrastructure. They have also refocused out how important it is to provide Legal aid and Speed up trial processes. Also, they want to ameliorate the structure and look into other ways to handle sentencing. There is another big reason for overcrowding is the delay in court cases.
Use of Legal Jargon
Legal and policy solution to overcome with the overcrowding problem-
The root cause of the overcrowding in prisons can only be sustainably addressed if directly and exhaustively analysed and understood and also if public policies crime and felonious justice are truly comprehensive, addressing all applicable aspects.
In last few years, numerous incarnation have become really crowded. To tackle with this overcrowding problem, here are some ways-
Developing Fair Sentencing Policies- To encourage the development of sentencing policy, by moving towards depenalization and decriminalization in appropriate cases, provide a range of sentence in legislation in order to enable courts to apply flexibility in sentencing etc.
Open Prison- The Supreme Court proposed the establishment of an outdoor cramp as a potential solution to overcrowding.
Electronic Tracking- There are lot of benefits of electronic shadowing of captures i.e., prison decongestion, mental health benefits, cost-effectiveness and recuperation impulses.
Speedy Trial- The Supreme Court emphasizes the significance of prompt legal proceedings against undertrials, and the court must laboriously cover and secure them.
Legal Aid- Courts should promote the provision of legal assistance to poor prisoners and provide access to legal representatives.
The Proof
The Supreme Court has expressed concern towards overcrowding in prisons across the country, in some cases it is beyond 150 percent of the capacity. They consider the issue, as it involves Violation of Human Rights.
The country’s 1412 jails are crowded to 114% of their capacity’ with a count of 4.33 lakh prisoners against a capacity of less than 3.81 lakh.
One of the primary reasons for overcrowding of prisons is the detention and pendency of court cases. According to NCRB data, as on March 2016, more than 3 Crore cases are pending in various courts, and two of every three prison inmates in the country are undertrials. The 4,19,623 prisoners of 2015 for instance, included 282076 undertrials or 67%.
Abstract
The reality in numerous incarcerations system is that captures do not have indeed the minimal space conditions. The lack of adequate space is one of the numerous problems that are experienced as a consequence of overcrowding in prisons. It impacts on the mental health, sanitation, nutrition and so on.
There are many socio, profitable and political factor behind the cause of overcrowding in prisons such as majority of prisoners come from economically and socially disadvantage background. Utmost live in poverty and are illiterate which led to individuals defying with committing crimes. Other causes of overcrowding is to increase in imprisonment rates and crime trends, excessive pre-trial detention, increase in longer sentences and life sentences and so on.
To fix this problem by improving cooperation mechanisms between criminal justice agencies , simplifying and speeding up the criminal justice process, improving access to legal aid, introducing and improving the use of alternatives to imprisonment, review and revision of legislative framework , research and data management for evidence based strategies and policies etc.
Case Laws
Hussainara Khatoon Vs State of Bihar-
Case highlighted significant details in undertrials and resulting suffering of under trial prisoners. Particularly the poor marginalized who could not afford bail or legal representation.
Supreme Court held that Right to Speedy Trial is an essential part of fundamental right of life and liberty. Court ordered the release of these prisoners on bail and directed state government to take steps to ensure Speedy trials.
Sunil Batra Vs Delhi Administration –
In this case Supreme Court exercising its power under Article 32 (Right to constitutional remedies) and Article 226 (Power oh High Court issue writs). Supreme Court rejected the HANDS-OFF doctrine and held that it had the authority to intervene and restore the fundamental rights of prisoners.
Conclusion
The issue of prison overcrowding in India is complicated and has wide-ranging effects on the general well-being of society, the effectiveness of the legal system, and the welfare of inmates. It will take a coordinated effort that includes infrastructural development, policy improvements, and legislative reforms to overcome this obstacle and establish a criminal system that is more efficient and compassionate. India may invest in jail facilities, prioritise swift trials, and investigate alternatives to incarcenation in order to create a more just and equal society where inmates are treated with respect and dignity.
FAQS
What is undertrial prisoners in India?
An undertrial prisoner in an accused person who is kept in judicial custody while the charges against him or her are being tried before the court.
What are Open Prisons?
Open Prisons are that jail which have fairly less stringent rules as compared to the controlled jails. They have minimum security and functions on the self discipline of the inmates.
What is Electronic Tracking of undertrial prisoners?
Electronic tracking of prisoners is a program that uses electronic devise to supervise undertrials outside prisons.
How legal aid helps to prisoners in India?
Inmates in India benefit greatly from legal aid since it guarantees their access to justice, uphold their rights, promotes rehabilitation and reintegration.
