Skip to main content

Lost rights, overcrowded prisons, and India's biased law enforcement agencies

By Vikas Meshram 
The primary purpose of building prisons is to reform individuals who, due to circumstances, environment, or emotional turmoil, have stepped into the world of crime. The aim is to provide a space where such individuals can reflect and be reformed away from the mainstream society. The purpose of punishment is not merely punitive but corrective. However, looking at the condition of Indian prisons, it is evident that this objective is far from being achieved, and instead, prisons in the country are in a state of crisis. These are places where individuals, who have strayed from the path of responsible citizenship, are treated like sheep and goats.
This reality has been highlighted in the India Justice Report 2025. As of 2022, prisons built to house 4.36 lakh inmates were actually accommodating 5.73 lakh inmates — 131% of the intended capacity. It is estimated that by 2030, the prison population may reach 6.6 lakh, which will significantly exceed the estimated capacity of 5.15 lakh. Undoubtedly, this is a crisis far deeper than expected and can rightfully be called a human rights emergency for the prisoners.
But the problem isn’t just overcrowding. In reality, for the entire prison population, there are only 25 mental health professionals. Since 2012, the number of inmates suffering from mental illnesses has reportedly doubled. Most of these prisoners are undertrials — their crimes have not yet been proven. They are paying the price of the delay in judicial processes.
On the other hand, medical facilities in prisons are equally lacking. Around 43% of the positions for medical officers are vacant, which reflects the systemic flaws. Due to a lack of proper care, many inmates are forced to endure both physical and mental suffering. Yet, despite this grave issue, there have been no serious efforts made to address it.
Neglecting the interests of prisoners is, unfortunately, not new. The Supreme Court of India has repeatedly emphasized the need for long-term prison planning. However, the actions of the government and administration remain either slow or show an apathetic attitude toward these problems. A sensitive approach must be adopted considering the human rights of the prisoners. One of the biggest problems is the massive shortage of staff — in some regions, 60% of the sanctioned posts for correctional staff are vacant. For instance, prisons in Delhi are operating at over 250% of their capacity.
Another glaring inconsistency is that a majority of the inmates belong to marginalized and deprived communities. According to recent statistics, two-thirds of the inmates in Indian prisons are Dalits, Adivasis, and Other Backward Classes (OBCs); 19% are Muslims; and out of 4.66 lakh inmates, 66% are either illiterate or have not studied beyond Class 10. In terms of states, Uttar Pradesh has the highest number of Muslim and Dalit inmates, while Madhya Pradesh has the highest proportion of tribal prisoners.
Following the National Crime Records Bureau (NCRB)’s exclusion of caste and religion data in its 2016 and 2017 reports, the 2018 data for convicts and undertrials still reflected similar trends as 2015: 33.49% OBCs, 20.68% Scheduled Castes, 11.56% Scheduled Tribes, and 18.81% Muslims.
Among the 4.66 lakh inmates, Hindu prisoners number 3.12 lakh, followed by Muslims (87,673), Sikhs (16,989), and Christians (13,886). The recent reports show that Indian prisons remain overcrowded, and the situation is worsening. In 2018, the prison population reached 117.6% (4.66 lakh) of capacity, up from 115.1% (4.50 lakh) in 2017, 113.7% (4.33 lakh) in 2016, and 114.4% (4.19 lakh) in 2015. At the end of 2018, the total capacity of Indian prisons was 3.96 lakh — it was 3.91 lakh in 2017, 3.8 lakh in 2016, and 3.6 lakh in 2015.
Uttar Pradesh has the highest number of Muslim inmates at 27,459 (31.31% of all Muslim prisoners in the country), followed by West Bengal (8,401), and Karnataka (2,798). Caste-wise analysis reveals 1.56 lakh OBC prisoners, 96,420 Dalits, and 53,916 Adivasis. In terms of education, 66.51% of prisoners are either illiterate (1.33 lakh) or have studied only up to Class 10 (1.76 lakh). Uttar Pradesh has the highest number of Scheduled Caste inmates at 24,489 (25.39%), followed by Madhya Pradesh (8,935) and Karnataka (2,803). Madhya Pradesh also has the highest number of tribal inmates at 15,500, followed by Chhattisgarh (6,890) and Karnataka (1,254).
Looking at the disproportionately high number of Dalits, Adivasis, backward classes, and Muslims in prisons, one might wrongly assume that these communities are more prone to committing crimes. In reality, this assumption is fundamentally incorrect. These communities are often the poorest in India, and even for minor offenses, they cannot afford legal representation or find someone to post bail, leading to prolonged incarceration. Another major reason is the bias of law enforcement agencies against these communities, making it harder for them to secure bail, while the wealthy can easily do so with the help of top lawyers.
There’s another side to this: caste-based discrimination within prisons, including in the allocation of work — some of which is even codified in the prison manual. This reflects the deep-rooted inequalities within the justice system. Furthermore, there appears to be a lack of the political will needed to confront this crisis.
The Supreme Court has repeatedly issued directives to prioritize the issues of prisoners, and these need to be implemented seriously. Reducing the number of undertrial prisoners through fast-track courts and alternative dispute resolution mechanisms can bring significant improvements to the prison system. There is an urgent need to invest in prison infrastructure to manage the increasing number of inmates and to take steps to provide easy legal aid to the marginalized communities.
Prisons should not be places of prolonged punishment but centers for reform. The success of any democracy lies in how respectfully it treats its prisoners and how sensitively it addresses their needs. If we do so, we are not doing them a favor — we are simply upholding their constitutional rights.

Comments

TRENDING

US-China truce temporary, larger trade war between two economies to continue

By Prabir Purkayastha   The Trump-Xi meeting in Busan, South Korea on 30 October 2025 may have brought about a temporary relief in the US-China trade war. But unless we see the fine print of the agreement, it is difficult to assess whether this is a temporary truce or the beginning of a real rapprochement between the two nations. The jury is still out on that one and we will wait for a better understanding of what has really been achieved in Busan.

Mergers and privatisation: The Finance Minister’s misguided banking agenda

By Thomas Franco   The Finance Minister has once again revived talk of merging two or three large public sector banks to make them globally competitive. Reports also suggest that the government is considering appointing Managing Directors in public sector banks from the private sector. Both moves would strike at the heart of India’s public banking system . Privatisation undermines the constitutional vision of social and economic justice, and such steps could lead to irreversible damage.

Political misfires in Bihar: Reasons behind the Opposition's self-inflicted defeat

By Vidya Bhushan Rawat*  The Bihar Vidhansabha Election 2025 verdict is out. I maintained deliberate silence about the growing tribe of “social media” experts and their opinions. Lately, these do not fascinate me. Anyone forming an opinion solely on the basis of these “experts” lives in a fool’s paradise. I do not watch them, nor do I follow them on Twitter. I stayed away partly because I was not certain of a MahaGathbandhan victory, even though I wanted it. But my personal preference is not the issue here. The parties disappointed.

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...

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".

Shrinking settlements, fading schools: The Tibetan exile crisis in India

By Tseten Lhundup*  Since the 14th Dalai Lama fled to India in 1959, the Tibetan exile community in Dharamsala has established the Central Tibetan Administration (CTA) as the guardian of Tibetan culture and identity. Once admired for its democratic governance , educational system , and religious vitality , the exile community now faces an alarming demographic and institutional decline. 

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

Sardar Patel was on Nathuram Godse's hit list: Noted Marathi writer Sadanand More

Sadanand More (right) By  A  Representative In a surprise revelation, well-known Gujarati journalist Hari Desai has claimed that Nathuram Godse did not just kill Mahatma Gandhi, but also intended to kill Sardar Vallabhbhai Patel. Citing a voluminous book authored by Sadanand More, “Lokmanya to Mahatma”, Volume II, translated from Marathi into English last year, Desai says, nowadays, there is a lot of talk about conspiracy to kill Gandhi, Netaji Subhas Chandra Bose, and Shyama Prasad Mukherjee, but little is known about how the Sardar was also targeted.

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...