Slow judicial system: SC, ST, OBC and Muslim undertrial prisoners are more than the population in jails
National Crime Records Bureau (NCRB) figures show that “there are 4,78,600 prisoners in the country’s jails, of which 3,15,409 are from SC, ST and OBC”. Union Minister of State for Home G. Kishan Reddy had told that about 34 percent of the prisoners in the country belong to the OBC category, while about 21 percent are from the Scheduled Castes and 11 percent from the Scheduled Tribes. These figures are much higher than the population of these classes.
According to the data presented by the government in February 2021, the maximum number of prisoners from SC and OBC categories are in jails of Uttar Pradesh, while jails of Madhya Pradesh have the maximum number of prisoners from the Scheduled Tribe community.
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According to the NCRB 2021 report, the number of people from Dalit, tribal and Muslim communities lodged in jails across the country is much more than the proportion of their population in the country. Not only this, according to NCRB data, the number of undertrial Muslim prisoners lodged in the jails of the country is more than the convicted Muslim prisoners.
According to the report, by the end of the year 2019, 21.7 percent of Dalits were lodged in jails across the country while 21 percent of the undertrial prisoners in jails were from Scheduled Castes. Although their total population in the census is 16.6 percent. In the case of tribals i.e. Scheduled Tribes, the difference between population and prisoners in jail is similar.
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This information was provided by Minister of State for Home Kishan Reddy in a written reply to a question in the Rajya Sabha on February 2021. He informed that these figures are based on the compilation of data updated by the National Crime Records Bureau, till December 31, 2019.
Reddy said as per the data, 1,62,800 prisoners (34.01 per cent) belong to Other Backward Classes while 99,273 prisoners (20.74 per cent) belong to Scheduled Castes and 53,336 prisoners (11.14 per cent) belong to Scheduled Tribes. He said that out of total 4,78,600 prisoners, 4,58,687 prisoners (95.83 per cent) are males and 19,913 prisoners (4.16 per cent) are females.
Apart from this report of NCRB, it has been revealed in another report that 69 percent of the prisoners lodged in the jails of India are under trial. This means that seven out of every ten prisoners in Indian jails are undertrials. These are the prisoners who have not been convicted by the court but are lodged in jail.
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There are 18.7 percent people from the Muslim community in the list of undertrial prisoners. According to statistics, in the case of undertrial prisoners, the number and proportion of people from the Muslim community is more than that of Dalits and Adivasis. A comparison with the NCRB data of 2015 shows that the proportion of undertrial Muslim prisoners has come down by the year 2019 but the percentage of convicts has increased. In the year 2015, where about 21 percent of Muslim prisoners were under trial in jails across the country, while about 16 percent of the prisoners were found guilty.
Number of undertrial prisoners increasing in jails
In 2019, there were a total of 1350 jails in the country, out of which Rajasthan has the maximum number of 144 jails and Delhi has the maximum number of 14 central jails.
At least six states and union territories do not have a single central jail.
Recently, on the occasion of Constitution Day, President Draupadi Murmu had said that the legislature, executive and judiciary need to have ‘like mindedness’ for the country and the countrymen. Addressing the closing ceremony of the program organized by the Supreme Court on Constitution Day here, Murmu suggested reducing the number of prisoners in jails by helping poor people who have been languishing for years for minor crimes.
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He said, “It is said that the crowd of prisoners in jails is increasing and there is a need to set up jails? Are we moving towards development? Then what is the need to build more jails? We need to reduce their number.” Murmu said that now something needs to be done for these poor people who are in jails. “You need to do something for these people. Try to know who are they?
In 2020, the Indian Justice Report also came out, which was prepared with the help of private institutions, in which the figures related to the prisoners lodged in the jails of the country are mentioned. According to the report, 69 percent of the prisoners lodged in the jails of the country are those prisoners who are under trial. Means their cases are still going on in the courts, if the court declares them innocent then they can be released.
Apart from the social statistics of the jailed prisoners, the condition of the country’s jails is also not very good and these jails are filled with more prisoners than the capacity, the presence of
more undertrial prisoners in jail than convicted prisoners raises questions on the slow judicial system and the condition Recently , His Excellency President
Draupadi Murmu has also expressed concern over this.
Source – NCRB 2021, Indian Justice Report 2020
