Skip to main content

Decongestion of prisons inadequate, release 'doesn't take into account' age, health

By A Representative 

As many as 45 organizations and 187 professionals in health and allied sectors and concerned citizens from India and abroad have issued an appeal to urgently revise criteria for release of prisoners on bail or parole to decongest prisons during the Covid-19 pandemic by giving priority to health status and age related vulnerabilities of the prisoners.
The appeal, sent to the chief justices of all Indian States and Union Territories (UTs), National Legal Services Authority (NALSA), State Legal Services Authorities (SLSA), State Prison Authorities and High Powered Committees (HPCs), cites the Supreme Court of India (SC) order dated March 23, 2020, to say that overcrowding in Indian prisons is a long-standing issue with under trial prisoners constituting nearly 70 percent of the inmates.
The appeal, even as welcoming the Supreme Court order and the HPCs for decongestion of prisons during the pandemic, said, the measures taken so far have been inadequate from a public health and human rights perspective and also uneven across Sates and UTs.
Citing Commonwealth Human Rights Initiative (CHRI) reports, the appeal said, during the first wave, over 61,100 prisoners were released, which achieved only about 15.4% overall reduction in occupancy rate. It added, this was inadequate to address overcrowding of 40% of the Indian prisons, including 134 prisons having overcrowding from 100% to 636%.
Currently, the appeal said, additional complexities have stemmed from the ravaging second wave of the pandemic. Almost 90% of the prisoners who were released last year had returned to prisons in February and March, 2021, as per the SC order.
It regretted, the criteria employed for release on bail or parole by HPCs are based upon nature of offence and years of imprisonment; they do not take into account the age, health status and associated vulnerabilities of prison in-mates to covid 19, and being differently abled.
Pointing out that these vulnerabilities need to be central to determine the release of prison inmates, both because it is being done in response to the ravaging pandemic, the appeal said, the government is duty bound to uphold the rights of prisoners in alignment with Article 21 of the Constitution of India and other relevant international obligations, such as the UN Universal Declaration of Human Rights, and International Covenant on Civil and Political Rights.
The appeal pointed out, only five state HPCs considered cases of elderly prisoners for release; only three included in the above criteria occurrence of comorbidities, chronic diseases and certain preexisting conditions like chronic diabetes, HIV, heart condition, cancer, hepatitis B or C, tuberculosis, adding, only Punjab HPC specifically mentioned pregnant women as the category for release.
The appeal recalled, chiefs of the UN agencies (May 13, 2020) in a signed statement appealed for the release of nonviolent detainees as well as those at high-risk, such as the elderly and people with pre-existing health conditions by highlighting the heightened vulnerability to Covid-19 of prison inmates and others in confinement.
They urged policymakers to “…consider limiting the deprivation of liberty to a measure of last resort, particularly in the case of overcrowding”, which undermines hygiene, health, safety and human dignity, causing an “insurmountable obstacle for preventing, preparing for or responding to Covid‐19”, the appeal said.
The government is duty bound to uphold the rights of prisoners in alignment with Article 21 of the Constitution and relevant international obligations
The appeal further said, the World Health Organisation (WHO) has warned that “efforts to control Covid-19 in the community are likely to fail if strong infection prevention and control measures, testing, treatment and care are not carried out in prisons and other places of detention as well”, even as quoting the World Medical Association Declaration of Edinburgh on Prison Conditions and Spread of Tuberculosis and other Communicable Diseases as saying:
“Prisoners enjoy the same healthcare rights as all other people. This includes the right to humane treatment and appropriate medical care. The most efficient way of reducing disease transmission is to improve the prison environment by putting together an efficient medical service that is capable of detecting and treating the disease, and by targeting prison overcrowding as the most urgent action”.
The signatories urged the authorities to treat all prisoners on par for release, irrespective of charges/offense and modify the categories of prisoners to be considered for release, giving priority to age, vulnerability and health status of the prisoners, especially the under-trial prisoners.
It wanted inclusion of medical and other public health professionals, health department officials and relevant civil society organisations in the HPCs to facilitate and monitor the release of prison inmates, adding, alternative forms of custody such as house arrest, open prisons should be considered.
Seeking to ensure that all health facilities, for testing, treatment and medical care should be made available by linking up with local hospitals from public and private sectors for safeguarding health of those who are not released, the appeal said, this should be an opportunity to ensure speedy trials, granting of bail and releasing those who have been granted bail.

Comments

TRENDING

The golden crop: How turmeric is transforming women's lives in tribal India

By Vikas Meshram*   When the lush green fields of turmeric sway in the tribal belt of southern Rajasthan, Madhya Pradesh, and Gujarat, it is not merely a spice crop — it is the golden glow of self-reliance. In villages where even basic spices once had to be bought from the market, the very soil today is yielding a prosperity that has transformed the lives of thousands of families. At the heart of this transformation is the initiative of Vaagdhara, which has linked turmeric with livelihoods, nutrition, and village self-governance — gram swaraj.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Rajiv Shah  Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Authoritarian destruction of the public sphere in Ecuador: Trumpism in action?

By Pilar Troya Fernández  The situation in Ecuador under Daniel Noboa's government is one of authoritarianism advancing on several fronts simultaneously to consolidate neoliberalism and total submission to the US international agenda. These are not isolated measures, but rather a coordinated strategy that combines job insecurity, the dismantling of the welfare state, unrestricted access to mining, the continuation of oil exploitation without environmental considerations, the centralization of power through the financial suffocation of local governments, and the systematic criminalization of all forms of opposition and popular organization.

Echoes of Vietnam and Chile: The devastating cost of the I-A Axis in Iran

​ By Ram Puniyani  ​The recent joint military actions by Israel and the United States against Iran have been devastating. Like all wars, this conflict is brutal to its core, leaving a trail of human suffering in its wake. The stated pretext for this aggression—the brutality of the Ayatollah Khamenei regime and its nuclear ambitions—clashes sharply with the reality of the diplomatic landscape. Iran had expressed a willingness to remain at the negotiating table, signaling a readiness to concede points emerging from dialogue. 

False claim? What Venezuela is witnessing is not surrender but a tactical retreat

By Manolo De Los Santos  The early morning hours of January 3, 2026, marked an inflection point in Venezuela and Latin America’s centuries-long struggle for self-determination and independence. Operation Absolute Resolve, ordered by the Trump administration, constituted the most brutal and direct military assault on a sovereign state in the region in recent memory. In a shocking operation that left hundreds dead, President Nicolás Maduro and First Lady Cilia Flores were illegally kidnapped from Venezuelan soil and transported to the United States, where they now face fabricated charges in a New York federal detention facility. In the two months since this act of war, a torrent of speculation has emerged from so-called experts and pundits across the political spectrum. This has followed three main lines: One . The operation’s success indicated treason at the highest levels of the Bolivarian Revolution. Two . Acting President Delcy Rodríguez and the remaining leadership have abandone...

The selective memory of a violent city: Uttam Nagar and the invisible victims of Delhi

By Sunil Kumar*  Hundreds of murders take place in Delhi every year, yet only a few incidents become topics of nationwide discussion. The question is: why does this happen? Today, the incident in Uttam Nagar has become the centre of national debate. A 26-year-old man, Tarun Kumar, was killed following a dispute that reportedly began after a balloon hit a small child. In several colonies of Delhi, slogans such as “Jai Shri Ram” and “Vande Mataram” are being raised while demanding the death penalty for Tarun’s killers. As a result, nearly 50,000 residents of Hastsal JJ Colony are now living in what resembles a state of confinement. 

The price of silence: Why Modi won’t follow Shastri, appeal for sacrifice

By Arundhati Dhuru, Sandeep Pandey*  ​In 1965, as India grappled with war and a crippling food crisis, Prime Minister Lal Bahadur Shastri faced a United States that used wheat shipments under the PL-480 agreement as a lever to dictate Indian foreign policy. Shastri’s response remains legendary: he appealed to the nation to skip one meal a day. Millions of middle-class households complied, choosing temporary hunger over the sacrifice of national dignity. Today, India faces a modern equivalent in the energy sector, yet the leadership’s response stands in stark contrast to that era of self-reliance.

Love letters in a lifelong war: Babusha Kohli’s resistance in verse

By Ravi Ranjan*  “War does not determine who is right—only who is left.” Bertrand Russell’s words echo hauntingly in our times, and few contemporary Hindi poets embody this truth as profoundly as Babusha Kohli. Emerging from Jabalpur, Madhya Pradesh, Kohli has carved a unique space in literature by weaving together tenderness, protest, and philosophy across poetry, prose, and cinema. Her work is not merely artistic expression—it is resistance, refuge, and a call for peace.