“Overcrowded and Under-resourced: A Critical Study of India's

Prison System"

Anjali Dhuria, 4th Year BLS/LLB. (A-13)

Thakur Ramnaryan College of Law.

Research Paper on topic Overcrowded and Under-resourced of

Prison System.

This research critically examines the Indian prison system, analyzing its legal framework,
systemic deficiencies, and human rights implications. It evaluates issues such as
overcrowding, custodial abuse, penal reform, and rehabilitation within the broader scope of

constitutional and international legal standards.

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ABSTRACT:

Systemic inefficiencies, including prolonged pretrial detentions and

inadequate infrastructure, contribute significantly to overcrowding in
Indian correctional facilities, infringing upon inmates' fundamental
human rights and hindering rehabilitation efforts. This study seeks to
identify the causes and consequences of overcrowding and advocates
for comprehensive judicial reforms, including expedited trial
processes and alternative sentencing, to enhance the efficacy of the
correctional system.

Keywords: Human Rights Violations, Inmate Welfare, Justice System

Efficiency, Prison Healthcare.

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INTRODUCTION:

India faces a critical issue of prison overcrowding, with occupancy

rates reaching 131% as of December 31, 2022, primarily due to
75.7% of inmates being held in pretrial detention.

This predicament stems from protracted court proceedings,

inadequate infrastructure, and socioeconomic disparities, leading to
substandard living conditions, insufficient medical care, and increased
violence among inmates.

The resultant high recidivism rates further undermine rehabilitation

efforts and violate fundamental human rights. Substantial judicial
reforms, alternative sentencing frameworks, and improved
correctional facilities are essential to address this pressing issue and
uphold justice and human dignity.

PRISON MEANING:

Donald Taft asserted that prisons are constructed to isolate inmates

from society in a manner that inflicts both physical and psychological
harm. Inmates are subjected to stringent regulations, provided only
with the most necessities, and live in a perpetual state of fear of
exposure.

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The reality of prison life, despite the inmates' choices and their
exercise of independent will, entails a significant imposition of
restrictions on their freedom.

Historically, the term "prison" denoted a facility designed for the

confinement of individuals lawfully sentenced or awaiting trial.

It serves as a government-sanctioned environment where individuals

are deprived of certain rights as a form of punishment, originally
intended to detain offenders before trial, verdict, or potential
execution.

HISTROICAL REVOLUTION OF THE PRISON SYSTEM IN INDIA:

During the Vedic era, the responsibilities of the state did not
encompass the administration of justice. Although offenses such as
adultery, theft, and murder are referenced, there is no indication that
the king or any appointed judge possessed the authority to adjudicate
in criminal or civil matters. Furthermore, the terms "prison" and "jail"
are rarely, if ever, utilized in the sutras and shastras.

The evolution of the prison system can be delineated into three

distinct phases: the first phase, until the mid-16th century, involved
the use of cells or holding rooms in secure urban or rural areas for
individuals awaiting trial or execution of their sentences. The second

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phase saw the experimentation with incarceration as a punitive
measure for certain offender categories, particularly juveniles, while
the third phase marked the widespread adoption of incarceration as an
alternative to capital punishment.

1) Ancient India:

 Prisons were rarely utilized; punishments focused on fines,

exile, and corporal methods.
 The Mauryan era introduced structured detention, as outlined in
Kautilya's Arthashastra, emphasizing discipline and limited
rehabilitation.

2) Medieval India:

 During the Delhi Sultanate and Mughal Empire, imprisonment

became more systematic, primarily for political prisoners.
 Prisons (bandikhana) were characterized by harsh conditions,
with punishments such as mutilation and execution, although
some basic care was provided.

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 3) Colonial and Modern India:

 The British era formalized the prison system through the Indian
Prisons Act of 1894, focusing on discipline and labour, often
targeting political dissenters.
 Post-independence reforms, such as the Mulla Committee
(1980–83) and Krishna Iyer Committee (1987), promoted
rehabilitation, yet challenges like overcrowding persist today.

TYPES OF JAIL:

The role of prisons has radically changed over the years and now
They are no longer regarded as mere custodial institutions.

The Emphasis has thus shifted from custody to training and re-
education of prisoners. The Prison is an age-old institution.

1. Central Jail (Meant for long term above 2 years Sentenced)

2. District Jail (Meant for short-term prisoners and undertrials)
3. Sub Jail (Smaller units in sub-divisional towns)
4. Open Prisons (Minimal Security for well-behaved prisoners)
5. Women Jails (Exclusively for female prisoners)
6. Juvenile Detention Centre (For offenders under 18 years)
7. Special Jail (High-Security prisons for notorious criminals)
8. Borstal School (for young offenders)

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OVERCROWDING OF JAIL:

The issue of overcrowding in Indian prisons is a longstanding

problem that exacerbates various challenges associated with
imprisonment, hindering efforts to improve living conditions for
inmates. Overcrowding has persisted for over a century, with
fluctuations in prison occupancy due to the continuous intake of new
convicts and undertrials, alongside the release of others.

The occupancy rate, calculated as the percentage of inmates against

the authorized capacity, serves as a key indicator of overcrowding. A
significant contributor to this issue is the high number of undertrial
prisoners, which strains prison infrastructure, hampers correctional
services, and leads to increased incidents of indiscipline and violence.
Lord Wolf noted that overcrowding often leaves prisoners more
embittered and hostile towards society upon their release.

Despite India having one of the lowest imprisonment rates globally, at

32 prisoners per 100,000 population compared to much higher rates in
countries like the USA and Russia, the overwhelming presence of
undertrials remains a critical concern for the justice system. Factors
such as heavy court workloads, delays in witness production, and a
culture of adjournments contribute to prolonged trials, further
inflating the number of undertrial prisoners, which constitutes
approximately 69% of the total prison population. While initiatives
like fast-track courts have made some progress, they have not
significantly alleviated the backlog of cases. To effectively address

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the rising prison population, it is essential to explore alternatives to
imprisonment for non-violent and civil offenders, thereby reducing
the burden on the prison system.

DEATH IN PRISONS:

The issue of inmate deaths in jails is a significant concern for prison

administration, often leading to public protests and scrutiny from the
media, non-governmental organizations, and human rights
commissions.

Deaths in custody are generally categorized into natural and unnatural

causes, with the latter encompassing suicides, executions, inmate-on-
inmate murders, fatalities due to gunfire, and incidents resulting from
negligence or excessive force by prison staff. Notably, a positive
aspect of some prison systems is the availability of ambulances for
emergencies.

Prisons in Karnataka, in particular, have consistently reported lower

death rates compared to other states, highlighting a potential model
for improved inmate care and safety.

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UNSATISFACTORY LIVING CONDITIONS:

Overcrowding in Indian prisons has resulted in severely

unsatisfactory living conditions, despite various reforms aimed at
improving diet, clothing, and hygiene.

A 1997 inquiry following the death of a businessman in Tihar Central

Jail revealed that the facility, housing 10,000 inmates, faced
significant health hazards, including inadequate sanitation and a
shortage of medical staff. In Karnataka, overcrowding exacerbates
hygiene issues, with prisons failing to meet structural standards and
lacking sufficient water for daily use, as mandated by prison
regulations. Inmates often endure long lock-up hours—up to 23 hours
a day—under conditions that foster unsanitary environments, such as
unwashed clothing and stagnant water.

The prison administration struggles to address even minor repairs and

maintenance due to bureaucratic delays, while the average
expenditure per inmate in 2009 was Rs. 17,725.90, primarily allocated
to food, with varying levels of spending on medical, vocational, and
welfare activities across different states. Alarmingly, in Bangalore,
approximately 75 inmates share a single toilet, far exceeding the
Model Prison Manual's guideline of one toilet for every seven
inmates, leading to filthy conditions and inadequate access to basic
hygiene facilities, including bathing and personal care items.

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SHORTAGE OF STAFF AND POOR TRAINING:

Prisons in India have a sanctioned strength of around 49030 prison

staff at various ranks, of which, the present staff strength is around
40000. The ratio between the prison staff and the prisoners in the
Indian prison is approximately 1:7. It means only one prison officer is
available for 7 prisoners in India.

POOR BUDGET FOR HEALTH AND CARE IN PRISON:

In 2005, Indian prison authorities spent an average of INR 10,474 per

inmate per year, primarily on food, clothing, medical expenses, and
vocational and educational activities, as reported by the National
Crime Records Bureau.

In contrast, the average annual operating cost per state inmate in the
United States in 2001 was significantly higher. Notably, states like
West Bengal, Punjab, and Bihar reported increased spending on
medical and educational initiatives, while Tamil Nadu and Orissa
focused more on welfare activities.

LACK OF LEGAL AID AND OVERSTAYS:

Access to justice for all is unimaginable without access to free legal

aid by the weaker sections of society. The fundamental source of the

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legal aid concept, Article 39-A was inserted in the Constitution of
India through the 42nd Amendment.

The article mandates the state to promote justice on the grounds of

equal opportunity and provide free legal aid to “ensure that
opportunities for securing justice are not denied to any citizen by
reason of economic or other disabilities”.

In Hussainara Khatoon v. State of Bihar, the Supreme Court

recognized the right to legal aid as an inherent aspect of Article 21 of
the Indian Constitution. The Court, appalled by the prolonged
detention of undertrial prisoners in Bihar without legal representation,
affirmed that a speedy and expeditious trial is an essential component
of the right to life and personal liberty. Citing Article 39-A, the Court
underscored that free legal aid is fundamental to a fair, just, and
reasonable legal procedure, thereby making it an implicit
constitutional guarantee under Article 21.

Declaring legal aid as a vital mechanism for social justice, the Court
urged state governments to ensure its provision to uphold the
constitutional spirit. In a subsequent ruling, the Court further
reinforced that state-funded legal aid is a fundamental right of the
accused, integral to the principles of fair procedure enshrined in
Article 21.

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ABUSE OF PRISONERS:

The issue of physical abuse of prisoners by prison authorities remains

a persistent concern, with inmates subjected to severe mistreatment
and inhumane conditions. Instances of custodial violence, including
fatal assaults by prison officials, have been reported, often concealed
through falsified medical records attributing deaths to suicide. Various
forms of abuse, such as brutal assaults, solitary confinement, exposure
to harmful substances, prolonged physical stress, and psychological
intimidation, are routinely inflicted upon prisoners. Deprivation of
basic necessities, including food, water, and medical care, further
exacerbates their suffering. Additionally, prisoners are frequently
coerced into signing documents in unfamiliar languages, violating
their legal rights.

Custodial sexual abuse, particularly against women prisoners, remains

a grave violation of human rights, with widespread instances reported
in India and globally.

Overcrowding in prisons exacerbates these issues, leaving many

detainees languishing without trial, often for minor offenses. Female
inmates are especially vulnerable, as male guards frequently
outnumber female staff in women's prisons, leading to increased
instances of sexual exploitation. In some jurisdictions, such as Haiti,
the failure to segregate male and female inmates has further

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contributed to unchecked sexual violence within correctional
facilities.

CONSEQUENCE OF PRISON STRUCTURE AND FUNCTION

The deplorable conditions in prisons, including overcrowding,

inadequate sanitation, insufficient medical facilities, lack of proper
segregation for sick inmates, and restrictions on movement due to
staff shortages, contribute to both physical and psychological distress
among prisoners. Women inmates, in particular, face indignities such
as being paraded through men’s wards due to inadequate separation.
Systemic inefficiencies, including the non-production of undertrial
prisoners in court, arbitrary denial of parole, and rejection of
premature release on insubstantial grounds, stem not from individual
malfeasance but from the broader institutional neglect of the penal
system.

Efforts by non-governmental organizations, such as Prison Fellowship

International, play a crucial role in rehabilitation and aftercare, yet
most prisoners remain ill-prepared for reintegration into society. The
absence of structured programs to instill pro-social values and prevent
recidivism further exacerbates the issue. Prisons with effective
administration and long-term leadership tend to offer literacy
programs and higher education opportunities, equipping inmates with
skills for lawful employment upon release. Comprehensive reform,
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emphasizing rehabilitation and social reintegration, is essential to
address the systemic deficiencies in the correctional system.

HEALTH PROBLEMS IN PRISONS:

The dire conditions in prisons, including overcrowding, inadequate

sanitation, lack of healthcare, and absence of physical and mental
activities, significantly contribute to health problems among inmates.
Researchers, such as Kazi, highlight that prisons serve as critical
venues for infectious disease screening and intervention, particularly
due to the prevalence of poverty and drug addiction among inmates.
Despite India's large prison population, there is a notable lack of
published data on the prevalence of health issues in correctional
facilities. One exception is a study conducted at the Central Jail in
Hindalga, Karnataka, where 850 prisoners were evaluated, revealing
high incidences of anemia (54.82%), respiratory infections (21.75%),
and diarrhea (13%), along with cases of pulmonary tuberculosis (2%)
and HIV (1.5%). However, the study lacked comprehensive details on
diagnostic criteria and investigative methodologies.

International legal frameworks recognize prisoners’ right to

healthcare. Article 12 of the International Covenant on Economic,
Social and Cultural Rights affirms the fundamental right of every

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individual, including prisoners, to the highest attainable standard of
physical and mental health.

The persistent health crises in Indian prisons underscore the urgent

need for systematic healthcare reforms, routine medical screenings,
and adherence to international standards to ensure the well-being of
incarcerated individuals.

HUMAN IMMUNODEFICEINY VIRUS/SEXUALLY TRANSMITTED

INFECTIONS:

The HIV/AIDS epidemic has severely impacted prison populations

worldwide, with correctional facilities reporting disproportionately
high infection rates compared to the general population. In countries
such as India, Indonesia, and Thailand, HIV prevalence among
inmates is estimated to be two to fifteen times higher, attributed to
high-risk behaviors, including coerced or voluntary sexual encounters,
intravenous drug use, interpersonal violence, and unsafe practices like
tattooing. The lack of adequate medical care has resulted in numerous
AIDS-related deaths within prisons. Additionally, the co-infection of
tuberculosis and HIV is a well-documented concern, further
exacerbating health risks. In India, the prevalence of HIV in prisons
remains alarmingly high, necessitating urgent healthcare interventions
and adherence to international human rights standards.

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PROBLEMS OF WOMEN PRISONERS:

Women constitute a small fraction of the global prison population, yet

prison systems remain male-centric, failing to address their specific
health, psychological, and social needs. The absence of gender-
responsive policies results in inadequate medical care, poor mental
health support, and exposure to abuse, both prior to and during
incarceration. Women prisoners often face social rejection, lack of
legal awareness, and challenges in securing early release. Separation
from children, inadequate vocational training, and disparities in
disciplinary actions further exacerbate their hardships. The prison
experience compounds pre-existing trauma, with high incidences of
mental disorders, substance abuse, and self-harm among female
inmates.

Despite constituting only 3.91% of the prison population in some

states, women prisoners endure greater hardships than their male
counterparts. They are often detained far from their families,
restricting access to visits and legal proceedings due to the lack of
female escorts. Facilities such as healthcare, vocational training, and
recreation remain insufficient or inconsistently available across
prisons. Disparities in amenities, including access to medical
professionals, sanitary conditions, and vocational opportunities,
highlight systemic neglect. Gender-specific policies and uniform
standards are essential to ensure equitable treatment, uphold
prisoners’ rights, and mitigate the disproportionate hardships faced by
incarcerated women.
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CORRUPTION AND EXTORTION IN PRISONS:

Corruption is pervasive in prisons, particularly in low-income

countries where inadequate salaries and weak oversight enable
bribery at all levels. Prisoners are often compelled to pay for basic
rights, including medical care, legal access, and transfers, with
wealthier inmates securing privileges in exchange for financial
compensation. In some systems, corruption is institutionalized,
extending from lower-ranking staff to higher officials, undermining
fair administration and creating an environment where stronger
prisoners receive preferential treatment while weaker inmates face
neglect.

Corrupt practices also extend among prisoners, with informal

hierarchies forcing weaker inmates to pay for essentials such as food,
access to common areas, or even a place to sleep. Those unable to
comply or lacking protection from influential inmates are at risk of
severe mistreatment, including physical violence and sexual abuse.
Such systemic corruption erodes the rule of law, fosters inequality
within prison populations, and necessitates urgent reforms to ensure
transparency, accountability, and humane conditions within
correctional facilities.

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CONCLUSION:

Prison and penal reform are integral to addressing systemic

deficiencies within the Indian criminal justice system, which directly
impacts prison conditions and management. The efficiency of prison
administration is inherently linked to broader judicial policies,
government priorities, and public sentiment. Ensuring humane
treatment and upholding the fundamental rights of prisoners, as
guaranteed under Article 21 of the Constitution, necessitates a
comprehensive approach that includes expediting trials, curbing
corruption, and implementing uniform prison laws. Despite the
circulation of a model prison manual and various legislative efforts,
the lack of political will at the state level continues to hinder
meaningful reforms. Issues such as overcrowding, substandard living
conditions, abuse, and corruption further exacerbate the plight of
inmates, demonstrating the urgent need for systemic restructuring.

Beyond prison management, effective rehabilitation and reintegration

of prisoners remain critical in reducing recidivism and fostering social
reintegration. Vocational training, skill development, and
psychological counseling must be prioritized to equip former inmates
with sustainable livelihoods upon release. The absence of structured
rehabilitation programs leaves many prisoners vulnerable to
reoffending, underscoring the necessity for a reformative rather than
purely punitive approach to incarceration. Sustainable prison reforms

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require coordinated efforts between the judiciary, executive, and civil
society to uphold human rights, promote rehabilitation, and ensure a
fair and just penal system.

REFERENCE:

Wikipedia, Times of India, The Hindu, Indian Constitution

SC Order in Re - Inhuman Conditions in 1382 Prisons dated 5th

February 2016. W.P.(C) No.406 of 2013.

5 Law Commission of India, Women in Custody (135th Report 1989)

para 2.28

UN General Assembly adopted Rules for the Treatment of Women

Prisoners and Non-Custodial Measures

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