Overcrowding and sub-human conditions of prisons: matter of concern during covid-19

Overcrowding and sub-human conditions of prisons: matter of concern during covid-19 

     Nowadays, Overcrowded prisoners in jails is one of the most highlighted problems during Covid-19 pandemic. On one hand Government, courts and international institutions all talk about social distancing and at the same time issue of overcrowded prison has been raised. It is the matter of grave concern that Most of the jails of Delhi, Dadra Nagar Haveli, Uttar Pradesh, Meghalaya, Sikkim, Maharashtra, Himanchal Pradesh and Madhya Pradesh etc. keep prisoner more than the capacity of jails. As per the Data of Rajya Sabha, there are more or less 1412 jails crowded to 114%  of their capacity because these jails have 3.81 lakhs unit capacity but they keep almost 4.33 lakhs prisoners, so much so that recently, it was informed to the Supreme Court that many of the over 1,300 prisons across the country were overcrowded, even to the extent of more than 600 per cent. According to these data, indeed, jails are overcrowded. Due to this overcrowding prisoners have to face many problems. Firstly, they are unable to sleep properly, Secondly, moderate quality food and thirdly heath problem and lack of doctors, last but not least  proper administration system. Above all, one of the biggest problem is social distancing because of this crowding social distancing can not be maintained. As, everyone knows that coronavirus (covid-19) is the global problem and entire nation is the victim of it moreover, this problem has baffled to everyone. Social distancing is the only pill of this problem (covid-19) so much so that it may be panacea to curb this problem. In this reference, Honourable Supreme Court of India pointed out that, It is unfortunate that the prisons are overcrowded. Prisoners also have human rights and they cannot be kept in jails like animals. Moreover, court has requested to chief justices of all high courts to take up the matters as a suo-moto writ petition. Unfortunately, the basic cause of overcrowding is the failure  of under trail therefore Honourable Supreme court issued some guidelines regarding under trail. Review committee should take their responsibilities seriously. Besides it, committee should implement effectively section 436 and 436A of criminal procedure code, 1973 so that under trail prisoners my be released on bail as soon as possible and those who are unable to furnish the bail bond due to poverty are not subjected to incarceration only for the reason. That is why, the concept of Open court came out inorder to  curtail this problem, so much so that Administration of jails act and rules have been finalised. As, prisoner are governed by the Prisoners Act, 1894 and the prisoners mannual respective state government because it is the matter of concurrent list of 7th schedule of Constitution of India.

 Consequently, it is high time for all authorities and state government unanimously followed Rules and regulations, Guidelines of Supreme Court and Jail Authorities also implemented existing laws then only this complex problem my be eradicate.

                             ✍️Vikas Deep

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