Transfer Prisoners to Other States to Address Overcrowding in Jails, Says Parliamentary Panel

The parliamentary standing committee on home affairs has recommended shifting prisoners from overcrowded jails to others with vacant cells within a state or other states too. The latest report on prison infrastructure, conditions and reforms, said that “the issue of overcrowding and delayed justice has become a pressing concern, leading to a series of consequences for both the prisoners and the criminal justice system as a whole. The Committee recommends that prisoners from overcrowded jails may be transferred to other jails with vacant cells in the same State or other States by signing MoUs to that effect. This kind of an arrangement can be mutual in nature between the States signing the MoU.”

According to the MHA, the total inmates in India are 5,54,034 against the total prison capacity of 4,25,609. The National Average Occupancy Rate in prisons across India is 130.2%. The states of Uttar Pradesh, Bihar, Madhya Pradesh, Maharashtra, Punjab, and Haryana together make up more than 50% of the total prison population in the country.

Further, Uttarakhand has reported the highest occupancy rate of 185%. The Union Territory of Delhi with the highest crime rate in the country of 1479.9 has an occupancy rate of 182%.

Women are incarcerated in common prisons

The committee report says that as per Prison Statistics India 2021 Report by NCRB, there are 22,918 women inmates. Out of the total women prisoners, 1,650 are with 1,867 children. “Women prisoners are more vulnerable than male prisoners. Many of them are incarcerated in common prisons because there are fewer female prisons in India,” the report says.

The committee recommended that babies born in prisons be allowed to stay with mothers until the age of 12 in order to provide a nurturing environment for the children during their early years while ensuring their well-being and development. Further, as per guidelines issued from time to time, emphasis should be given towards proper care of children relating to food, shelter, medical care, education, and physical growth. Apart from this, sports and entertainment facilities are also to be provided to these children.

Transgender inmates in jails to be provided doctors of their choice

While addressing the issue of transgender prisoners in jail, the committee on home affairs said, “Transgender prisoners are to be provided the same standards of health care available to other inmates and should have access to necessary health-care services without discrimination on the grounds of their gender identity. The Committee recommends that a doctor of their choice, rather than the prison officials, should examine them before lodging them in appropriate prison so that they may not be misgendered. There should be provisions made in prisons to have medical and health care experts to provide appropriate care to transgender inmates, if it is not feasible to have in house health experts, they may be referred to doctors/ professionals who specialise in this area of health care.”