The prison system in India, a vital component of the criminal justice framework, continues to grapple with persistent challenges such as overcrowding, understaffing, inadequate healthcare, and disregard for basic human rights. Recent interventions by the National Human Rights Commission (NHRC) and data from the Ministry of Home Affairs and Prison Statistics India underscore the urgent need for systemic reforms. In April 2025, the NHRC took suo motu cognisance of the grave difficulties faced by inmates—particularly women and children—across various jails, prompting a nationwide request for detailed reports from all states and union territories.

NHRC Intervention: A Step Towards Accountability

The NHRC directed Chief Secretaries of all states and UTs to submit comprehensive data within four weeks, including:

• The number of women inmates, including those living with children
• The count of convicted and undertrial women prisoners
• Statistics on male and female undertrials incarcerated for over a year

This move aims to promote transparency and uphold inmates’ rights to dignity, safety, and well-being. Women prisoners, many of whom live in unsanitary conditions without access to clean water, proper food, or legal aid, face compounded hardships. Additional concerns such as mental distress, exposure to violence, lack of vocational training, and limited rehabilitation opportunities have also been flagged.

Legal Framework and Prison Administration

The Prisons Act of 1894 defines a prison as any facility designated by a state government for the detention of prisoners. Indian prisons are classified into:

• Sub-jails at the Taluk level
• District jails at the District level
• Central jails at the Zonal or Range level

Despite this hierarchical structure, inconsistencies in administration and the uneven implementation of welfare measures remain pressing concerns.

Key Issues Plaguing Indian Prisons

1. Overcrowding and Substandard Living Conditions

Overcrowding is one of the most acute issues. As of 2022, the national average occupancy rate stood at 118%, with 21 states and UTs exceeding the 100% threshold. The situation for transgender inmates is particularly alarming, with an occupancy rate of 636.4%. This strain impacts not only infrastructure but also inmates’ overall well-being.

• Sanitation and Healthcare: Overcrowded prisons suffer from poor sanitation and a lack of mental healthcare facilities, turning them into hotspots for both physical and psychological illnesses. Women, especially pregnant and lactating mothers, face heightened risks due to insufficient nutrition and medical care.
• Discriminatory Treatment: Inmates from socio-economically disadvantaged backgrounds often face biased treatment. Corruption and neglect frequently deny them even basic services, making them more susceptible to exploitation.
• Unnatural Deaths: Reports of unnatural deaths further highlight systemic flaws. In 2020, of the 189 such deaths, 156 were suicides, while others were attributed to murder, accidents, and assaults—revealing the psychological toll of incarceration and inadequate monitoring.

2. Undertrial Dominance and Judicial Backlogs

As per Prison Statistics India 2020, undertrials constitute nearly 75% of the prison population, marking an 11.7% increase from 2019. Most undertrials are held in district jails (50%), followed by central jails (36.1%) and sub-jails (11.9%).

The judiciary’s backlog exacerbates this issue. As of May 2022, over 4.7 crore cases were pending across Indian courts, primarily at the subordinate level. Delays in trial completion result in prolonged undertrial incarceration, further aggravating overcrowding.

3. Infrastructural Gaps and Lack of Rehabilitation Focus

India’s prison system continues to lack a reformative vision. The absence of vocational and skill-building programs leaves most inmates ill-equipped to reintegrate into society post-release. Staffing shortages worsen the problem. While the sanctioned strength of prison staff in 2020 was 87,961, the actual number stood at only 61,296, placing an enormous burden on existing personnel and undermining effective inmate management.

Government Measures and Reform Strategies

1. Model Prison Manual, 2016

Introduced to standardize prison management, it emphasizes:

• Undertrial Review Committees
• Legal aid and empanelment of jail visiting advocates
• Women-friendly infrastructure
• Legal literacy programs and annual audits

2. Modernisation of Prisons Scheme (2002–03)

A central initiative aimed at renovating jail infrastructure, improving sanitation, and enhancing staff training to foster holistic prison development.

3. E-Prisons Project

Digitisation under the Ministry of Home Affairs, including the Prisoner Information Management System (PIMS), enhances data management and judicial coordination.

4. Bail Reforms for Undertrials

The 268th Law Commission Report (2017) proposed that undertrials who have served one-third of the maximum sentence (for offences punishable up to seven years) be granted bail.

5. Special Courts for Petty Offences

Fast-track courts have been introduced to expedite cases involving minor offences (punishable up to three years), reducing judicial burden and easing prison congestion.

6. Training for Prison Staff

The Supreme Court has stressed the need for regular, sensitivity-based training to promote humane and non-discriminatory inmate engagement.

7. Skill Development for Inmates

Rehabilitative programs aim to equip inmates with employable skills. There have also been calls to revise prison wages in line with global standards to ensure dignity in labor.

8. Open Prisons

These facilities allow well-behaved convicts to engage in agricultural or vocational work with minimal supervision, proving effective in rehabilitation.

9. Mulla Committee Recommendations

The All India Jail Reforms Committee proposed:

• Establishment of a National Prison Commission
• Separate facilities for juveniles
• Legislation focused on the care and rehabilitation of vulnerable inmates

10. Use of ICT Tools

Technological interventions like video conferencing for trials and the FASTER (Fast and Secured Transmission of Electronic Records) system have improved the speed and reliability of legal communication.

11. Model Prisons Act, 2023

Aims to modernize prison operations with key features such as:

• Special provisions for women and transgender safety
• Emphasis on vocational training and rehabilitation
• Electronic monitoring during parole or furlough

However, concerns regarding privacy and social stigma—especially among marginalized groups—persist.

12. Judicial Directive on Caste-Based Labor

In 2024, the Supreme Court declared caste-based labor allocations in prisons unconstitutional, citing violation of Article 15(1). This historic judgment marked a significant step towards dismantling institutionalized discrimination.

Conclusion

India’s prison system mirrors broader socio-legal shortcomings. The NHRC’s proactive intervention marks a pivotal moment in pushing for accountability. Yet, lasting reform demands not just policy but consistent implementation, infrastructural investment, and judicial synergy. A system rooted in dignity, rehabilitation, and fairness must replace punitive and neglectful practices. Only then can incarceration truly serve its purpose—as a means of reformation rather than mere punishment.