NHRC Takes Suo-Motu Cognisance of Prisoners’ Plight

1. The National Human Rights Commission (NHRC) has taken suo-motu cognisance of the ongoing hardships faced by prisoners across India.
2. Responding to reports highlighting the deteriorating conditions in jails, the NHRC has issued notices to the Chief Secretaries of all States and Union Territories, seeking detailed reports on challenges such as overcrowding, inadequate healthcare, and the lack of basic facilities in prisons.

Legal Framework: Prisons as a State Subject

1. Under Schedule VII of the Indian Constitution, the management and regulation of prisons fall under the jurisdiction of State Governments, categorized under List II (State List).
2. As such, the responsibility for ensuring humane conditions within prisons rests primarily with individual states.

Key Challenges Faced by Prisoners in India

1. Overcrowding and Basic Facilities

1. Indian jails are operating beyond capacity, with an average occupancy rate of 131.4%.
2. Undertrial prisoners form the majority of the prison population, accounting for 75.8% as of 2022.
3. Access to essential amenities remains poor:
   • Fewer than 40% of prisons provide sanitary napkins.
   • Only 18% have dedicated facilities for women inmates.

2. Concerns Regarding Women Prisoners

1. Many women inmates are subject to violations of dignity and safety, leading to mental trauma and emotional distress.
2. There are no explicit provisions in many state jail manuals that recognize a woman prisoner’s right to reproductive health and choice.

3. Prisoners on Death Row

1. The justice process for those sentenced to death is marked by excessive delays.
2. From 2006 to 2022, the execution rate stood at a mere 0.3%, as per NCRB data.

4. Discrimination Within Prison Walls

1. Caste-based roles are often assigned in prison labour.
2. Instances of manual scavenging persist.
3. Inmate classification is sometimes influenced by social status, contributing to unequal treatment and discrimination.

Legal and Policy Provisions for Protecting Prisoners’ Rights Provisions in India Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: Allows for the bail of undertrial prisoners who have served half the maximum sentence for the alleged offence during pre-trial detention. Plea Bargaining (Sections 289–300, BNSS): Facilitates negotiation before trial between the prosecution and the accused, helping to expedite the legal process and reduce case backlogs. International Guidelines Bangkok Rules (2010): Adopted by the UN General Assembly, these rules emphasize gender-sensitive treatment of women prisoners and promote non-custodial alternatives where possible. Nelson Mandela Rules (2015): Also adopted by the UN General Assembly, these provide minimum standards for the treatment of prisoners, focusing on humane and dignified conditions, regardless of the prisoner's background or crime.

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