Can prisons become the epicentre of the epidemic in India?
Between 2008 to 2018, the prisons had an occupancy rate of 117 per cent. This means, that on average, our prisons were having 17 per cent more prisoners than their full capacity.
Pandemic of the novel coronavirus has forced people around the world to follow social distancing and avoid physical contact apart from several travel restrictions. In his virtual address to the nation, Prime Minister Narendra Modi urged people to practice social distancing and observe a 14-hour-long curfew on Sunday - March 22.
While the the country has started practicing social distancing, things are not the same for inmates staying in the country's prisons who live in shared accommodation, use a common toilet and live in closed boundaries.
The India Today Data Intelligence Unit (DIU) scanned through the Prison Statistics of India recorded by the National Crime Records Bureau (NCRB) and found that Indian prisons are running beyond their capacity and are full of people whose cases are under-trial.
Running over capacity
Between 2008 to 2018, the prisons had an occupancy rate of 117 per cent. This means, that on average, our prisons were having 17 per cent more prisoners than their full capacity. In 2008, the capacity of our prisons was 2,97,777 inmates, our prisons had an occupancy of 3,84,753 inmates. By 2018, the capacity of prisons was increased to 3,96,223 inmates, however, the occupancy of the prisons increased to 4,66,084.
The latest prison statistics report for the year 2018 showed a high degree of variation of over occupancy in the jails. For instance, Uttar Pradesh had an occupancy rate of 174 per cent. This means that UP was having 74 per cent more inmates than its full capacity. Delhi ran with an occupancy of 154 per cent, Chhattisgarh with 153 per cent and Uttarakhand with 150 per cent.
In total, there were 18 states and Union Territories (UTS) having less inmates than their capacity.
Among big states, Tamil Nadu had a 60 per cent occupancy, Telangana had an occupancy of 77.1, followed by Andhra Pradesh (79.5), Odisha (86.1) Rajasthan (92) and Bihar (93.3).
Nagaland had an occupancy of 30.5 per cent, Tripura had 47.9, followed by Goa (69.7), Manipur (72.3), Assam (93.2) and Punjab (95.7).
Every two of three inmates under trial
According to the data, in 2018, nearly every two of the three inmates in the country was under trial. This means that around 69 per cent of the inmates in India's prison have not been convicted of their crimes by the court.
A qualitative analysis of these under trial inmates also shows that most of the inmates were young, were illiterate and came from poor families. It was also found that most of them were too poor to afford the bail fee.
Period of stay in jails
Maximum under trials who are admitted to prisons, stay there for a short while. According to the 2018 prison statistics report, roughly 18 lakh people were admitted to Indian prisons.
Data also show that nearly 75 per cent of under trial inmates admitted to jails are released within a year.
Around 36 per cent of under trial inmates stay in jails for upto three months, 22 per cent for three to six months and 17 per cent stay for six to 12 months.
The percentage of under trial inmates staying for more than five years was hardly 1.6 per cent for the year ended 2018.
This clearly suggests that maximum under trials stay for a short duration.
Coronavirus bothers jails too
On March 16, the Supreme Court of India took suo motu cognisance of overcrowding of prisons in the light of the novel coronavirus spread in the country.
A Supreme Court bench led by the Chief Justice of India (CJI) Sharad A Bobde had sought response on preventive measures taken by the state governments and the UTs for prisoners in the light of Covid-19 outbreak.
"We are of the opinion that there is an imminent need to take steps on an urgent basis to prevent the contagion of Covid-19 virus in our prisons. If prisoners are tested positive for the Covid-19, immediate measures have to be taken for their quarantining and medical treatment," said the Supreme Court order.
The Delhi's Tihar jail that hosts around 17,500 inmates, has created an isolation ward. It's worth noting the fact that none of the tested inmates were found to be positive for Covid-19.
The government of Punjab is also thinking about releasing 5,800 inmates accused in drug peddling of small amount and petty crimes.
While it was spreading in China's Hubei province, the pandemic Covid-19 had reportedly infected 500 inmates and prison officials.