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

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.

Jayanthi Natarajan "never stood by tribals' rights" in MNC Vedanta's move to mine Niyamigiri Hills in Odisha

By A Representative The Odisha Chapter of the Campaign for Survival and Dignity (CSD), which played a vital role in the struggle for the enactment of historic Forest Rights Act, 2006 has blamed former Union environment minister Jaynaynthi Natarjan for failing to play any vital role to defend the tribals' rights in the forest areas during her tenure under the former UPA government. Countering her recent statement that she rejected environmental clearance to Vendanta, the top UK-based NMC, despite tremendous pressure from her colleagues in Cabinet and huge criticism from industry, and the claim that her decision was “upheld by the Supreme Court”, the CSD said this is simply not true, and actually she "disrespected" FRA.

Stands 'exposed': Cavalier attitude towards rushed construction of Char Dham project

By Bharat Dogra*  The nation heaved a big sigh of relief when the 41 workers trapped in the under-construction Silkyara-Barkot tunnel (Uttarkashi district of Uttarakhand) were finally rescued on November 28 after a 17-day rescue effort. All those involved in the rescue effort deserve a big thanks of the entire country. The government deserves appreciation for providing all-round support.

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

Uttarakhand tunnel disaster: 'Question mark' on rescue plan, appraisal, construction

By Bhim Singh Rawat*  As many as 40 workers were trapped inside Barkot-Silkyara tunnel in Uttarkashi after a portion of the 4.5 km long, supposedly completed portion of the tunnel, collapsed early morning on Sunday, Nov 12, 2023. The incident has once again raised several questions over negligence in planning, appraisal and construction, absence of emergency rescue plan, violations of labour laws and environmental norms resulting in this avoidable accident.

Pairing not with law but with perpetrators: Pavlovian response to lynchings in India

By Vikash Narain Rai* Lynch-law owes its name to James Lynch, the legendary Warden of Galway, Ireland, who tried, condemned and executed his own son in 1493 for defrauding and killing strangers. But, today, what kind of a person will justify the lynching for any reason whatsoever? Will perhaps resemble the proverbial ‘wrong man to meet at wrong road at night!’

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...

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...

Budget for 2018-19: Ahmedabad authorities "regularly" under-spend allocation

By Mahender Jethmalani* The Ahmedabad Municipal Corporation’s (AMC's) General Body (Municipal Board) recently passed the AMC’s annual budget estimates of Rs 6,990 crore for 2018-19. AMC’s revenue expenditure for the next financial year is Rs 3,500 crore and development budget (capital budget) is Rs 3,490 crore.