Get a fix on how we fill our prisons

India's prison system is bursting at the seams. The national average occupancy rate in prisons is 130.2%, with UP, Bihar, MP, Maharashtra, Punjab and Haryana accounting for over 50% of the total prison population. Last year, a parliamentary panel observed that overcrowding in jails and delayed justice has become pressing concerns, leading to severe consequences for both prisoners and the criminal justice system. Fortunately, a sort of decongestion 'plan' is underway. On Tuesday, Amit Shah announced that GoI is working on a plan to release criminals guilty of non-heinous crimes who have completed one-third of their sentence ahead of Constitution Day on November 26.

This is a nice ad-hoc gesture, but it doesn't really address the problem systemically. 76% of all prisoners are awaiting trial, compared to a global average of 34%. The Supreme Court has repeatedly highlighted this issue, observing that despite directions, jails remain 'flooded' with undertrials. It has urged GoI to consider introducing a separate Bail Act to streamline the bail process, directed states and UTs to fill vacancies in special courts expeditiously, and setting up of additional special courts. Furthermore, the court has directed high courts to facilitate the release of undertrial prisoners unable to meet their bail conditions.

While there are many reasons for the high number of prisoners, indiscriminate arrests by the police stand out as a major factor. The top court has repeatedly stated that arrests should be used sparingly, and has called for legal support for underprivileged individuals. Yet, little has improved. The home ministry's plan may help move the needle a bit. But systemic reform is what's needed to address root causes of this crisis.