Overcrowding in jails: No solution in sight

Maharashtra’s prisons house 31 per cent more people than capacity, in Mumbai and areas around it that figure is 102 per cent

Maharashtra jails, overcrowding in jails, Mumbai jail, Mumbai jail capacity

Prisoners at an event organised for them at Arthur Road jail, one of India’s most crowded prisons. (Express Photo, File)

It was roughly six months into his eight-year incarceration that Raees Ahmed discovered that the Maharashtra Prison Manual 1979 guaranteed him a sleeping space of 40 square feet. “While the rules said each prisoner should have at least 3.71 sq m of sleeping space, we used to have three men huddling together in that space. I have heard that things have improved recently, but it would still take a lot of time for our prisons to become a bit more humane,” says Ahmed, who spent a substantial portion of his eight-year stint in Arthur Road jail as an undertrial.

One of the main reasons for such conditions is the severe overcrowding across jails in the country, a reality that is ,not surprisingly, more acute in jails in Mumbai and adjoining areas. Overcrowding rates here are far higher than the state average.

Maharashtra, till the end of June 2017, had the capacity to hold 23,942 prisoners as against the actual prison population of 31,417, which suggests jails are 31.22 per cent above capacity.

In the prisons of Mumbai and adjoining areas, the inmate population is 102 per cent over capacity.

Five major prisons serve Mumbai, including Arthur Road, Byculla, Thane, Taloja and Kalyan. There is also a women’s prison in Byculla. All these have a combined capacity of 5,035 prisoners as against the total prisoner population of 10,196.

This huge overcrowding means none of the rules laid down under the Modern Prisons Manual regarding how prisoners should be kept is met. The rules speak about 3.71 sq m of sleeping space per prisoner, 15.83 cubic metre of air space, one western closet for every six prisoners in the day and one for 10 in the night. It mandates nearly 135 litres of water for every prisoner, every day.

The reality, say prisoners, is that over 50 inmates line up in front of a single toilet and many can barely access any water at all. “These rules are so far away from ground realities of prison life. The hunt for your own individual space is one of the major causes of prison fights,” says Ahmed.

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At Arthur Road jail, one of India’s most crowded prisons, former inmates remember being in a cell that was barely 3 feet x 7 feet and had five persons inside.

“When sleeping, if you stretched your legs, they would reach the bathroom floor. There were 3,000 people in a space fit only for 800, and this only worsened the already bad conditions,” says Abdul Wahid Shaikh, who spent nine years in the prison’s anda cell. The overcrowding brought with it issues of fights over space, food and water, he confirms.

Another inmate who spent five months in the prison says he was in a general barrack with 250 other people.

“There were only four bathrooms inside the barrack. The toilets would clog and the inmates were expected to clean them. There would always be people in need of money or basic necessities who would volunteer to clean the toilet in exchange for canteen supplies. It would stink nonetheless due to so many people using it,” he says, not wishing to be named.

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Among the more recent reports on the issue of undertrials is the 268th report of the Law Commission of India released in May 2017.

Though its ambit was to look at amendments to the Criminal Procedure Code, 1973, on provisions relating to bail, it says, “The rising crime rates and the overcrowding of prisons mark the need to overhaul the crumbling prison infrastructure and system. Reducing the sheer number of undertrials by releasing them on bail may serve the useful purpose.”

The report refers to statistics of the National Crime Records Bureau, 2015 and the Prison Statistics of India, 2015, stating that 67 per cent of the prison population is awaiting trial. It says that while India has one of the lowest incarceration rates in the world compared to its population (33 per 1 lakh of the national population), the percentage of bails being granted is far lower than ideal, at a mere 28 per cent of offenders.

Wahid Shaikh also recalls how they would always complain about the food quality, but would be served palatable food during visits by judges or members of human rights commissions.

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“Before a visit, we would be told that there should be no complaints. They would assure us that the food quality would improve. But it would only improve in the meal served on the day of the visit. Visiting authorities would find it difficult to believe that the food quality is bad even if one told them,” he recalls.

Another inmate says the overcrowding also led to health issues. “There was only one doctor for the entire prison. All diagnosis in the prison would lead to a pain-killer being given to the inmate. Unless you had money, the prison authorities never gave immediate medical aid,” says the inmate.

The story is not very different in the women’s prison. An inmate says due to overcrowding, each woman would be given one vertical tile of space inside a barrack. “It would increase to one and a half if you had a child with you. There would be fights over this space with women with children expected to sleep in a cramped space,” says a former inmate.

Zeeshan Shaikh

Zeeshan Shaikh is the Associate Editor who heads The Indian Express' Mumbai reporting team. He is recognized for his highly specialized Expertise in analyzing the complex dynamics of Maharashtra politics and critical minority issues, providing in-depth, nuanced, and Trustworthy reports. Expertise Senior Editorial Role: As an Associate Editor leading the Mumbai reporting team, Zeeshan Shaikh holds a position of significant Authority and journalistic responsibility at a leading national newspaper. Core Specialization: His reporting focuses intensely on two interconnected, high-impact areas: Maharashtra Politics & Urban Power Structures: Provides deep-dive analyses into political strategies, municipal elections (e.g., BMC polls), the history of alliances (e.g., Shiv Sena's shifting partners), and the changing demographics that influence civic power in Mumbai. Minority Issues and Socio-Political Trends: Excels in coverage of the Muslim community's representation in power, demographic shifts, socio-economic challenges, and the historical context of sensitive political and cultural issues (e.g., the 'Vande Mataram' debate's roots in the BMC). Investigative Depth: His articles frequently delve into the historical roots and contemporary consequences of major events, ranging from the rise of extremist groups in specific villages (e.g., Borivali-Padgha) to the long-term collapse of established political parties (e.g., Congress in Mumbai). Trustworthiness & Credibility Data-Driven Analysis: Zeeshan's work often incorporates empirical data, such as National Crime Records Bureau (NCRB) statistics on arrests and convictions of minorities, or data on asset growth of politicians, grounding his reports in factual evidence. Focus on Hinterland Issues: While based in Mumbai, he maintains a wide lens, covering issues affecting the state's hinterlands, including water crises, infrastructure delays, and the plight of marginalized communities (e.g., manual scavengers). Institutional Affiliation: His senior position at The Indian Express—a publication known for its tradition of rigorous political and investigative journalism—underscores the high level of editorial vetting and Trustworthiness of his reports. He tweets @zeeshansahafi ... Read More

Sadaf Modak

Sadaf Modak is a distinguished Legal Correspondent based in Mumbai whose work demonstrates exceptional Expertise and Authority in covering the intricacies of the judicial and correctional systems. Reporting for The Indian Express, she is a highly Trustworthy source for in-depth coverage of courtroom proceedings and human rights issues. Expertise Specialized Role: As a dedicated Legal Correspondent, Sadaf Modak possesses deep, specialized knowledge of legal procedures, statutes, and judicial operations, lending immense Authority to her reports. Core Authority & Focus: Her work primarily centers on: Trial Court Proceedings: She mainly covers the trial courts of Mumbai, providing crucial, on-the-ground reporting on the day-to-day legal processes that affect citizens. She maintains a keen eye on both major criminal cases and the "ordinary and not so ordinary events" that reveal the human element within the justice system. Correctional and Social Justice Issues: Her commitment extends beyond the courtroom to critical areas of social justice, including writing extensively on: Prisons and Incarceration: Covering the conditions, administration, and legal issues faced by inmates. Juvenile Justice: Reporting on the complexities of the juvenile justice system and the legal rights of children. Human Rights: Focusing on fundamental human rights within the context of law enforcement and state institutions. Experience Institutional Affiliation: Reporting for The Indian Express—a leading national newspaper—ensures her coverage is subject to high editorial standards of accuracy, impartiality, and legal rigor. Impactful Detail: Her focus on trial courts provides readers with direct, detailed insights into the workings of the justice system, making complex legal narratives accessible and establishing her as a reliable and trusted chronicler of the legal landscape. Sadaf Modak's blend of judicial focus and commitment to human rights issues establishes her as a vital and authoritative voice in Indian legal journalism. She tweets @sadafmodak ... Read More

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