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

Grueling summer ahead: Cuttack’s alarming health trends and what they mean for Odisha

By Sudhansu R Das  The preparation to face the summer should begin early in Odisha. People in the state endure long, grueling summer months starting from mid-February and extending until the end of October. This prolonged heat adversely affects productivity, causes deaths and diseases, and impacts agriculture, tourism and the unorganized sector. The social, economic and cultural life of the state remains severely disrupted during the peak heat months.

Stronger India–Russia partnership highlights a missed energy breakthrough

By N.S. Venkataraman*  The recent visit of Russian President Vladimir Putin to India was widely publicized across several countries and has attracted significant global attention. The warmth with which Mr. Putin was received by Prime Minister Narendra Modi was particularly noted, prompting policy planners worldwide to examine the implications of this cordial relationship for the global economy and political climate. India–Russia relations have stood on a strong foundation for decades and have consistently withstood geopolitical shifts. This is in marked contrast to India’s ties with the United States, which have experienced fluctuations under different U.S. administrations.

From natural farming to fair prices: Young entrepreneurs show a new path

By Bharat Dogra   There have been frequent debates on agro-business companies not showing adequate concern for the livelihoods of small farmers. Farmers’ unions have often protested—generally with good reason—that while they do not receive fair returns despite high risks and hard work, corporate interests that merely process the crops produced by farmers earn disproportionately high profits. Hence, there is a growing demand for alternative models of agro-business development that demonstrate genuine commitment to protecting farmer livelihoods.

The Vande Mataram debate and the politics of manufactured controversy

By Vidya Bhushan Rawat*  The recent Vande Mataram debate in Parliament was never meant to foster genuine dialogue. Each political party spoke past the other, addressing its own constituency, ensuring that clips went viral rather than contributing to meaningful deliberation. The objective was clear: to construct a Hindutva narrative ahead of the Bengal elections. Predictably, the Lok Sabha will likely expunge the opposition’s “controversial” remarks while retaining blatant inaccuracies voiced by ministers and ruling-party members. The BJP has mastered the art of inserting distortions into parliamentary records to provide them with a veneer of historical legitimacy.

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor*  This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

The cost of being Indian: How inequality and market logic redefine rights

By Vikas Gupta   We, the people of India, are engaged in a daily tryst—read: struggle—for basic human rights. For the seemingly well-to-do, the wish list includes constant water supply, clean air, safe roads, punctual public transportation, and crime-free neighbourhoods. For those further down the ladder, the struggle is starker: food that fills the stomach, water that doesn’t sicken, medicines that don’t kill, houses that don’t flood, habitats at safe distances from polluted streams or garbage piles, and exploitation-free environments in the public institutions they are compelled to navigate.

Why India must urgently strengthen its policies for an ageing population

By Bharat Dogra   A quiet but far-reaching demographic transformation is reshaping much of the world. As life expectancy rises and birth rates fall, societies are witnessing a rapid increase in the proportion of older people. This shift has profound implications for public policy, and the need to strengthen frameworks for healthy and secure ageing has never been more urgent. India is among the countries where these pressures will intensify most sharply in the coming decades.

Thota Sitaramaiah: An internal pillar of an underground organisation

By Harsh Thakor*  Thota Sitaramaiah was regarded within his circles as an example of the many individuals whose work in various underground movements remained largely unknown to the wider public. While some leaders become visible through organisational roles or media attention, many others contribute quietly, without public recognition. Sitaramaiah was considered one such figure. He passed away on December 8, 2025, at the age of 65.

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...