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

Gujarat Information Commission issues warning against misinterpretation of RTI orders

By A Representative   The Gujarat Information Commission (GIC) has issued a press note clarifying that its orders limiting the number of Right to Information (RTI) applications for certain individuals apply only to those specific applicants. The GIC has warned that it will take disciplinary action against any public officials who misinterpret these orders to deny information to other citizens. The press note, signed by GIC Secretary Jaideep Dwivedi, states that the Right to Information Act, 2005, is a powerful tool for promoting transparency and accountability in public administration. However, the commission has observed that some applicants are misusing the act by filing an excessive number of applications, which disproportionately consumes the time and resources of Public Information Officers (PIOs), First Appellate Authorities (FAAs), and the commission itself. This misuse can cause delays for genuine applicants seeking justice. In response to this issue, and in acc...

Targeted eviction of Bengali-speaking Muslims across Assam districts alleged

By A Representative   A delegation led by prominent academic and civil rights leader Sandeep Pandey  visited three districts in Assam—Goalpara, Dhubri, and Lakhimpur—between 2 and 4 September 2025 to meet families affected by recent demolitions and evictions. The delegation reported widespread displacement of Bengali-speaking Muslim communities, many of whom possess valid citizenship documents including Aadhaar, voter ID, ration cards, PAN cards, and NRC certification. 

'Govts must walk the talk on gender equality, right to health, human rights to deliver SDGs by 2030'

By A Representative  With just 64 months left to deliver on the Sustainable Development Goals (SDGs), global health and rights advocates have called upon governments to honour their commitments on gender equality and the human right to health. Speaking ahead of the 80th United Nations General Assembly (UNGA), experts warned that rising anti-rights and anti-gender pushes are threatening hard-won progress on SDG-3 (health and wellbeing) and SDG-5 (gender equality).

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.

Is U.S. fast losing its financial and technological edge under Trump’s second tenure?

By Dr. Manoj Kumar Mishra*  The United States, along with its Western European allies, once promoted globalization as a democratic force that would deliver shared prosperity and balanced growth. That promise has unraveled. Globalization, instead of building an even world, has produced one defined by inequality, asymmetry of power, and new vulnerabilities. For decades, Washington successfully turned this system to its advantage. Today, however, under Trump’s second administration, America is attempting to exploit the weaknesses of others without acknowledging how exposed it has become itself.

Gandhiji quoted as saying his anti-untouchability view has little space for inter-dining with "lower" castes

By A Representative A senior activist close to Narmada Bachao Andolan (NBA) leader Medha Patkar has defended top Booker prize winning novelist Arundhati Roy’s controversial utterance on Gandhiji that “his doctrine of nonviolence was based on an acceptance of the most brutal social hierarchy the world has ever known, the caste system.” Surprised at the police seeking video footage and transcript of Roy’s Mahatma Ayyankali memorial lecture at the Kerala University on July 17, Nandini K Oza in a recent blog quotes from available sources to “prove” that Gandhiji indeed believed in “removal of untouchability within the caste system.”

'MGNREGA crisis deepening': NSM demands fair wages and end to digital exclusions

By A Representative   The NREGA Sangharsh Morcha (NSM), a coalition of independent unions of MGNREGA workers, has warned that the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) is facing a “severe crisis” due to persistent neglect and restrictive measures imposed by the Union Government.

On Teachers’ Day, remembering Mother Teresa as the teacher of compassion

By Fr. Cedric Prakash SJ   It is Teachers’ Day once again! Significantly, the day also marks the Feast of St. Teresa of Calcutta (still lovingly called Mother Teresa). In 2012, the United Nations, as a fitting tribute to her, declared this day the International Day of Charity. A day pregnant with meaning—one that we must celebrate as meaningfully as possible.

Gujarat minority rights group seeks suspension of Botad police officials for brutal assault on minor

By A Representative   A human rights group, the Minority Coordination Committee (MCC) Gujarat,  has written to the Director General of Police (DGP), Gandhinagar, demanding the immediate suspension and criminal action against police personnel of Botad police station for allegedly brutally assaulting a minor boy from the Muslim community.