Annual Report - National Human Rights Commission

Civil Liberties
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civilization and our policy to work with other members of the international community to promote
and protect human rights.”
E] Prison Overcrowding
3.36 The Commission continued to compile and analyse prison statistics on biannual basis. During
the period of report, the Commission analysed data relating to prison population as of 31 December
2003 and 30 June, 2004. The salient points of the analysis are provided in the succeeding paragraphs.
Analysis of prison population as of 30 June, 2004.
3.37 The total prison population was 3,36,151 which indicated an overcrowding of 41.47% against
the authorised capacity of 2,37.617. 11 States/ UTs, namely, Bihar, Chhattisgarh, Gujarat, Haryana,
Jharkhand, Madhya Pradesh, Orissa, Sikkim, Tripura, Uttar Pradesh, and Delhi experienced
overcrowding ranging from 52% to 224%. Delhi continues to hold the most overcrowded jails (224%)
followed by Jharkhand (195%) Chhattisgarh (111%) and Gujarat (104%). Jails had idle capacities in
6 States and 4 Union Territories, namely Jammu & Kashmir, Manipur, Nagaland, Rajasthan,
Uttaranchal, West Bengal, Chandigarh, Daman & Diu, Dadra & Nagar Haveli and Lakshdeep.
3.38 Undertrial prisoners constituted 71.14% of the total prison population in the country. 11
States/UTs have undertrial prisoners exceeding 80% of the total prison population. These are:
Dadra & Nagar Haveli (100%), Meghalaya (94.71%), Manipur (92.51%), Jammu & Kashmir
(88.90%), Bihar (85.66%), Daman & Diu (84.15%), Nagaland (83.31%), Uttar Pradesh (82.47%),
Delhi (81.45%), Chandigarh (80.42%) and West Bengal (80.20%). Chhattisgarh is the only
State which has less than 50% undertrial prisoners (48.57%).
3.39 Women constituted 3.97% of the total prison population in the country. Uttaranchal
(11.69%) tops the list followed by Mizoram (10.45%), Tamil Nadu (9.25%), Chandigarh (6.47%),
Andhra Pradesh (5.77%), West Bengal (5.71%) and Punjab (5.68%).
3.40 A total of 1544 children were in jails with their mothers. U.P. with 385 accounted
for the largest, followed by West Bengal (163), Maharashtra (143), Jharkhand (142) and
Madhya Pradesh (127).
F] Visit to Prisons
3.41 The Commission intensified its efforts to improve prison conditions in the various States
during the period under review. A number of jails were visited by the Commission’s officials to
study the living conditions in discharge of the obligations set out in Section 12 (c) of the Protection
of Human Rights Act 1993. The Special Rapporteur of the Commission and Chief Coordinator
of Custodial Justice Cell carried out a study of jail conditions in Tripura, Kerala, Andhra Pradesh,
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