THE GIST of Editorial for UPSC Exams : 26 JUNE 2019 (The state of Indian prisons (The Hindu))

The state of Indian prisons (The Hindu)

Mains Paper 2: Social Justice
Prelims level : NCRB report
Mains level : Highlighting the NCRB report on the status of Indian prisons

Context

• Indian prisons make news when there is a jail break, a prison riot or when the lawyers of high-profile businessmen or economic evaders fight against their extradition to India.
• The release of the data-driven report, the Prison Statistics India 2016, published by the National Crime Records Bureau (NCRB) in April went largely unnoticed.

Highlights of the NCRB report

• This edition of the report is different from its earlier versions on account of its omission of certain key demographic data.
• The report tells us that at the end of 2016, there were 4,33,033 people in prison; of them 68% were undertrials, or people who have yet to be found guilty of the crimes they are accused of.
• India’s under-trial population remains among the highest in the world and more than half of all undertrials were detained for less than six months in 2016.
• This suggests that the high proportion of undertrials in the overall prison population may be the result of unnecessary arrests and ineffective legal aid during remand hearings.

No demographic details

• The most significant shortcoming of the report lies in the NCRB’s failure to include demographic details of religion and the Scheduled Caste and Scheduled Tribe status of prisoners, which are crucial to understanding India’s prison population.
• This information was consistently published for the last 20 years and instrumental in revealing the problematic overrepresentation of Muslims, Dalits and Adivasis among under-trials in prisons.
• The report of 2015, for instance, said that Muslims, Dalits and Adivasis accounted for 55% of the under-trial population even though they made up only 50% of the convict population and 38% of the total Indian population.
• Another disturbing point is the rise in the number of people held under administrative (or ‘prevention’) detention laws in Jammu and Kashmir (a 300% increase), with 431 detainees in 2016, compared to 90 in 2015.
• Administrative, or ‘preventive’, detention is used by authorities in J and K and other States to unfairly detain persons without charge or trial and circumvent regular criminal justice procedures.

Data on prisoner release

• Under Section 436A of the Code of Criminal Procedure, which allows undertrials to be released on a personal bond if they have undergone half of the maximum term of imprisonment they would have faced if convicted.
• In 2016, out of 1,557 undertrials found eligible for release under Section 436A, only 929 were released. Research by Amnesty India has found that prison officials are frequently unaware of this section and unwilling to apply it.
• In 2017, the Law Commission of India had recommended that undertrials who have completed a third of their maximum sentence for offences attracting up to seven years of imprisonment be released on bail.
• Perhaps the NCRB should consider including the number of such undertrials in its upcoming report for informing the policy on the use of undertrial detention.

Mental health concerns

• The relevance of prison visits is underlined by the number of “unnatural” deaths in prisons, which doubled between 2015 and 2016, from 115 to 231.
• The rate of suicide among prisoners also increased by 28%, from 77 suicides in 2015 to 102 in 2016.
• For context, the National Human Rights Commission in 2014 had stated that on average, a person is one-and-a-half times more likely to commit suicide in prison than outside, which is an indicator perhaps of the magnitude of mental health concerns within prisons.
• The NCRB has said that about 6,013 individuals with mental illness were in jail in 2016.
• It does not provide information on whether these prisoners were diagnosed with mental illness before entering prison, making it difficult to determine whether prison conditions worsened their plight.
• The report states that there was only one mental health professional for every 21,650 prisoners in 2016, with only six States and one Union Territory having psychologists/psychiatrists.
• Odisha, Uttar Pradesh and Madhya Pradesh, the three States with the most prisoners with mental illness, did not have a single psychologist or psychiatrist.

Conclusion

• All things considered, the report has important information which can be used to facilitate a dialogue on improving prison policies.
• But these conversations will be limited and the public’s right to know about the functioning of the criminal justice system thwarted if critical information is delayed inordinately or withheld without credible reason.
• The NCRB’s apparent reluctance to be prompt and open about its prison statistics does not bode well for the democratic discourse in India.

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Prelims Questions:

Q.1) With reference to the Reserve Bank of India (RBI) Central Board of Directors, consider the following statements:
1. The board is appointed by the Government of India in keeping with the Reserve Bank of India Act.
2. The Governor and Deputy Governors hold office for not more than ‘3 years’.

Which of the statements given above is/are correct?
A. 1 only
B. 2 only
C. Both
D. None

Answer: A
Mains Questions:
Q.1) Describe the key highlights of the NCRB report. Why the National Crime Records Bureau must be more prompt and open in releasing data?