Taking cognizance of the issue, National Human Rights Commission (NHRC) issued notices to the Chief Secretaries of all States and UTs to report on issues including overcrowding, a lack of basic amenities and healthcare facilities in jails.
- Under Schedule VII of the Constitution of India, Prisons fall in the legislative and administrative domain of the States under List II.
Issues faced by the Prisoners
- Overcrowding and lack of basic amenities: Indian prisons have an occupancy rate of ~131.4%.
- Undertrials made up 75.8% of India's prison population in 2022.
- Less than 40% of prisons provide sanitary napkins; only 18% have exclusive women’s facilities.
- Women prisoners
- Violation of the rights to dignity and safety, increased violence which causes mental distress.
- Rights of women prisoners: State jail manuals do not explicitly provide for the right to reproductive choice for a woman prisoner.
- Prisoners sentenced to death: Inordinate delays in death penalty proceedings with the execution rate of just 0.3% in the period 2006 to 2022 (NCRB).
- Discrimination: Division of prison work based on caste, prevalence of manual scavenging inside prisons, classification of prisoners based social status, etc.
Existing Provisions for PrisonersIndia
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