Overcrowding of prisons in the country is a long-standing problem. Discuss the steps taken by GoI to help the States and UTs to address the issue and what should be done further to decongest Indian prisons. (200 words)
Refer – The Indian Express
Enrich the answer from other sources, if the question demands.
IAS Parliament 7 years
KEY POINTS
Reasons for overcrowding
· Under-trials - the number of under-trials constitute 64.7 percent of total inmates with major reasons being lack of money to obtain bail or delay in trial.
· Prison management is a state subject. Therefore, there are great variations in Prison manuals among different states.
Steps taken so far by GoI
· Establishing fast-track courts
· Establishing open prisons in states and UTs
· Launching a “National Mission for Justice Delivery and Legal Reforms”
· Introducing “Plea bargaining” through Section 265 of CrPC
· Capping the maximum period for detaining an under-trial prisoner
· Strengthening “National Legal Services Authority” (NALSA)
What should be done further?
· Explore alternatives to imprisonment.
· Instead of sentencing offenders to prison, alternative sentencing should be made by way of imposing fine, community sentencing.
· Reduce bail amount.
· States have to arrange for lawyers for the unrepresented under-trial prisoners.
· Fee to lawyers in the legal aid panel may be enhanced so as to attract services of better quality of legal aid lawyers.
· Greater use of Probation of Offenders Act, 1958 by the judiciary, as a means to decongest prisons by releasing young, first time and less serious offenders on probation.
· These measures may not only reduce the problem of overcrowding in India but will also change our approach from retribution to reformation and rehabilitation.
