GOVERNMENT OF INDIA

MINISTRY OF HOME AFFAIRS

RAJYA SABHA
UNSTARRED QUESTION NO.2597
TO BE ANSWERED ON THE 12TH AUGUST, 2015/SRAVANA 21, 1937 (SAKA)

DISABLED/MENTALLY CHALLENGED PERSONS AS UNDERTRIALS IN

JAILS

2597. SHRI C.P. NARAYANAN:

Will the Minister of HOME AFFAIRS be pleased to state:

(a) how many disabled or differently abled people were in jails in the
country during the last three years as convicts and undertrials;

(b) what is the duration for which such undertrials are languishing in jail,
less than three years, 3-5 years and more than 10 years and the number of
those in each group;

(c) whether there are mentally challenged people also among them, if so,
their number; and

(d) whether Government would take steps to expedite trial of their cases?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS

(SHRI HARIBHAI PARATHIBHAI CHAUDHARY)

(a) & (b): “Prisons” is a State subject as per entry 4 of List II of the
Seventh Schedule to the Constitution of India. Therefore, the
administration and management of prisons is primarily the responsibility of
the State Governments. Data is not maintained centrally in this regard.

(c) to (d): As per data compiled by the National Crime Records Bureau at
the end of 2013, the number of prisoners suffering from mental illness in
jails of India were - 2335 convicts, 2410 undertrials, 44 detenus and 31
others. An Advisory dated 13.8.2010 on the policy for the treatment of
terminally ill prisoners/inmates (TIPs) has been issued by the Government
of India to the States/UTs, which is available at the website of the
Ministry of Home Affairs at the link:

http://mha.nic.in/sites/upload_files/mha/files/PrisonAdvisories-1011.pdf
….2/
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R.S.US.Q.NO.2597 FOR 12.08.2015

The following measures have also been taken by the Government of India
in respect of undertrial prisoners:

(i) An Advisory has been issued by the Government of India on

17.1.2013 to States/UTs regarding use of section 436A of the Cr.P.C to
reduce overcrowding of prisons. The same can also be accessed on the
website of Ministry of Home Affairs at the link:

http://mha.nic.in/sites/upload_files/mha/files/AdvSec436APrisons-
060213_0.pdf

(ii) The Union Home Minister has written to Chief Ministers/LG of

States/UT on 3.9.2014 regarding use of section 436A of Cr. P.C. to reduce
overcrowding in jails of the country.

(iii) The Hon’ble Supreme Court in its order dated 5.9.2014 in the Writ
Petition No. 310/2005 – Bhim Singh Vs Union of India & Other relating to
the undertrial prisoners, has directed for effective implementation of
Section 436A of the Code of Criminal Procedure. The DG (Prisons)/IG
(Prisons) of all States/UTs have been requested on 22.9.2014 to take
necessary action to comply with the order of the Hon’ble Supreme Court
in the matter.

(iv) An Advisory dated 27.9.2014 has been issued by the Government of

India to the States/UTs on reckoning half-life of time spent in judicial
custody of Undertrial prisoners under Section 436A of Cr. P. C. The same
can also be accessed on the website of Ministry of Home Affairs at the
link:

http://mha.nic.in/sites/upload_files/mha/files/
GuidelinesForRreckoningHalfLife_161014.pdf

From the data available from States/UTs, so far a total of 1057 undertrial
prisoners under section 436A of Cr P.C. have been released till 31 st March
2015.

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