Indian prisons are grappling with severe overcrowding. The latest prisons record shows that the country housed 573,220 prisoners in facilities designed for only 436,266 inmates, as of December 2022.
This alarming situation reflects an occupancy rate of 131.4%, with undertrial prisoners constituting 75.8% of the total prison population. The overcrowding issue has worsened over the years, with the average occupancy rate rising from 117.6% in 2018 to 131.4% in 2022.
The Supreme Court’s intervention
The Supreme Court of India has been actively monitoring the issue of prison overcrowding since October 2021, when it took suo motu cognisance of the problem. The Division Bench, comprising Justices Abhay S Oka and AG Masih, has heard state governments and other authorities exploring various measures to alleviate this crisis, including the implementation of the e-Prison module.
They again heard the case on August 5 (last week), when the judges sought responses from state governments by September 9 as they posted the matter for the next day.
The e-Prison module is a digital system designed to streamline the release process for undertrials and convicts, particularly those who have received favourable bail orders or have served at least 14 years of their sentences.
How the case began
The case that sparked the Supreme Court’s ongoing scrutiny originated in 2021 with Sonadhar, a prisoner in Chhattisgarh. He had spent three extra years in prison despite being eligible for remission.
In early October 2021, the court, recognising the systemic failures that led to his prolonged detention, ordered the release of prisoners who had served ten years without mitigating circumstances and had no upcoming appeal hearings.
Late October 2021, Sonadhar’s case was tagged with seven other matters on prison overcrowding. The top court further directed that cases involving prisoners who had served 14 years be considered for early release by the government. This directive was later expanded to include monitoring seven other cases related to prison overcrowding.
How the e-Prison module can help
The e-Prison module is a key component of the Supreme Court’s strategy to decongest prisons. This digital system alerts the District Legal Services Authority (DLSA) when a prisoner becomes eligible for release.
This is aimed at ensuring that administrative delays do not prevent eligible inmates from being freed. The module primarily assists undertrials with favourable bail orders and convicts who have served at least 14 years, aiming to reduce the number of inmates who are unnecessarily detained.
In July 2021, the top court had approved a detailed procedure to be followed by jail superintendents, DLSAs, and state governments for premature release of eligible convicts in a smooth and swift manner.
Four key steps involved in decongesting jails by releasing eligible prisoners:
But there are challenges in implementation
During hearings in the top court, counsels Liz Mathew and Devansh A Mohta, appointed as amici curiae, have highlighted several challenges in the implementation of the e-Prison module and related procedures.
Mathew, focusing on the premature release of convicts, pointed out that there is a lack of clear data on compliance with the Court’s previous directions. Her findings show that remission applications are stuck at various stages across different states, indicating an uneven implementation of the Supreme Court’s guidelines.
Mohta, on the other hand, has been dealing with the technical aspects of the e-Prison module. He reported that the project is in its final implementation phase but faces significant hurdles, particularly in synchronising key identification numbers like jail IDs and Case Number Records (CNRs).
The issue arises because prison authorities do not have access to CNRs, which are created when chargesheets are filed. Mohta suggested that the Pre-Trial Number (PTN) be published on custody warrants as a potential solution, but this step can only be taken after all states have submitted their data.
What happens now
The Supreme Court had earlier directed all state governments to update their records by 31 July 2024, recognising the critical importance of accurate data for the success of the e-Prison module. Now, the court has asked them to submit the updated status record before the next hearing, scheduled for September 10. The bench is likely to focus on reviewing feedback from state governments and exploring further solutions to the challenges identified.
The Supreme Court’s efforts to implement the e-Prison module is expected to address the severe issue of prison overcrowding in India — something that has been bothering civil society and also the government. While it remains to be seen whether this digital initiative can effectively decongest the jails, the ongoing efforts represent a significant step towards reforming the Indian penal system.
Link to article –
Can e-Prison module decongest Indian jails? Supreme Court explores feasibility
