Opinion Overcrowding in prisons: Can India follow the UK’s lead?
India’s prison statistics certainly don’t paint a picture of “dignity”. 5,73,220 prisoners confined in 1,330 prisons designed for a capacity of 4,36,266 -- a shortfall of nearly 1.4 lakh spaces
Overcrowding is not just a “prison” problem. It is an outcome of the inefficient functioning of the entire criminal justice system. An immediate, informed and synchronised response from the executive, judiciary and the legislature is the need of the hour.
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The UK government recently announced its intention to reform sentencing laws in England and Wales as part of a wider effort to tackle prison overcrowding. It plans to expand courts’ powers to divert offenders to community punishments, increase duration of suspended sentences, undertake early deportation of foreign criminals, restrict the use of short prison sentences and introduce a scheme for early release of well-behaved inmates – all with the aim to deter crime, reduce prison congestion and ensure public safety. Prisons in England and Wales have an occupancy rate of 108 per cent, with 88,007 prisoners being confined across 120 establishments. However, this is not the first instance where efforts to address prison overcrowding have been undertaken. In May, the UK government had initiated measures to release prisoners as an emergency measure to deal with overcrowding. It is encouraging to see such measures being considered to address one of the severest human rights crises, which is often ignored and kept under wraps.
In India, lakhs of prisoners remain incarcerated in overcrowded prisons, the consequences of which are rarely reported. Prisoners are often forced to sleep in shifts or remain in one position all night due to lack of space. Resources such as food, water and sanitation are stretched to the breaking point. Imagine a single barrack, 100 prisoners, six washrooms – some of which may be non-functional — absence of flush systems, scarcity or irregular supply of water. This is an environment that is degrading and unfit for human habitation, but a daily reality for lakhs of people. Overcrowding also places immense pressure on prison staff. Prison officers are duty-bound to admit any person who arrives at the prison gate with a court warrant, even when the facilities are running at full capacity. Once admitted, irrespective of the limited resources or limited staff, they are tasked with providing for the prisoner, often at great personal cost. They forgo leaves, family time, and even their mental well-being. Amidst it, rehabilitation, reformation and reintegration are perpetually sidelined.
Earlier this year, the Supreme Court of India reiterated the need to reform prison administration to ensure that prisoners enjoy their right to a dignified life under Article 21 of the Constitution of India. But India’s prison statistics certainly don’t paint a picture of “dignity”. 5,73,220 prisoners confined in 1,330 prisons designed for a capacity of 4,36,266 — a shortfall of nearly 1.4 lakh spaces. The national occupancy rate of 131.4 per cent barely captures the severity of the problem. The prison-wise figures indicate that at the end of 2022, 54 per cent of all prisons in India had occupancy rates above 100 per cent, with some prisons reporting occupancy rates of over 250 and 400 per cent. The United Nations Office on Drugs and Crime classifies occupancy rates above 120 per cent as “critical” and 150 per cent as “extreme”. By these standards, such acute overcrowding is simply unacceptable.
Earlier this year, the Ministry of Home Affairs issued an advisory to state governments reiterating the need to address prison overcrowding through mitigation of long detentions faced by prisoners. While this and previous advisories are positive steps, deeper and stronger efforts are needed. India should take a cue from the UK and deliberate on the root causes. For instance, inadequate prison capacity — between 2012 and 2022, the prison population grew by 49 per cent, but the capacity increased by only 27 per cent — indicates poor planning and lack of political will. In 2024-25, Rs 300 crore was allocated towards prison modernisation. However, it was later reduced to a mere Rs 75 crore. This year, a similar allocation has been made but there are no commitments to ensure that these funds will be directed towards increasing prison capacity.
Continued detention in overcrowded prisons is another concern. While the Supreme Court has repeatedly expressed concern, it has stopped short of declaring detention of prisoners in overcrowded prisons as illegal. The government and judiciary must come up with a comprehensive policy to counter overcrowding. Monthly reviews could be mandated, and when occupancy exceeds 100 per cent, district courts should be instructed to cease further judicial custody at such prisons. Alternative measures such as transferring prisoners or identifying temporary facilities with basic facilities may also be explored. Other aspects such as increasing duration of trials, limited use of probation and plea bargaining, disparate provisions for parole and early release, delayed appeal hearings, use of sentencing alternatives – all need closer scrutiny.
Overcrowding is not just a “prison” problem. It is an outcome of the inefficient functioning of the entire criminal justice system. An immediate, informed and synchronised response from the executive, judiciary and the legislature is the need of the hour.
The writer is a lawyer and an expert on prison reforms, legal aid and pre-trial detention. She is currently associated as a consultant with the India Justice Report
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