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38
CIVIL LIBERTIES
December 2002 and 30 June 2003. The salient points arising from this analysis are given
in the succeeding paragraphs.
3) Analysis of Prison Population as on 31 December 2002
4.64 The total prison population of the country was 3,24,852 against the authorized
capacity of 2,34,462. This indicated an overcrowding of 38.5% which is substantially higher
than the figure of 32.33% as of 31 December 2001. 12 States/UTs, namely, Delhi, Jharkhand,
Haryana, Chhatisgarh, UP, MP, Bihar, Sikkim, Gujarat, Orissa, Tripura and Andaman &
Nicobar have experienced overcrowding of an order higher than the national average
ranging from 40% to 231%. Delhi remains at the top with overcrowding of 231% followed
by Jharkhand, 155% and Chhatisgarh 125%. Six States and five Union Territories, namely,
Manipur, Jammu & Kashmir, Nagaland, Rajasthan, West Bengal, Kerala, Daman & Diu,
Lakshdweep, Chandigarh, Dadar and Nagar Haveli and Pondicherry were found to be free
of the problem of overcrowding and were, in fact, having idle capacity in their jails.
4.65 Under-trial prisoners constituted 74.15% of the total prison population, more or less
the same as 74.06% as of 30.6.02. The proportion of under-trial prisoners was more than
80% of the prison population in 10 States/Union Territories. These were: Dadar & Nagar
Haveli (100%), Meghalaya (96.2%), J&K (90.71%), Manipur (90.68%), Nagaland (90.49%),
Bihar (86.68%), UP (86.16%), West Bengal (85.96%), Mizoram (83.81%) and Delhi (80.19%).
Pondicherry, Lakshdweep and Chhatisgarh were holding under-trials numbering less than
50% of the prison population. Among the major States, Rajasthan (59.54%) and MP (56.75%)
are seen to be making appreciable efforts to reduce the proportion of under-trial prisoners.
4.66 The proportion of women prisoners remained less than 4% as before. Women constituted
3.73% of the total prison population. Mizoram with 9.46% tops the list followed by Tamil
Nadu (8.17%), Punjab (5.56%), Manipur (5.54%), Andhra Pradesh (5.29%), Pondicherry
(5.28%) and Chandigarh (5.04%). Jails in Dadar & Nagar Haveli, Daman & Diu and
Lakshdweep were holding no female prisoners. The proportion of women prisoners was less
than 2% in Nagaland (1.90%), Sikkim (1.16%), Tripura (0.96%) and Andaman & Nicobar
(1.86%).
4.67 Children up to the age of 5/6 years are permitted to stay with their mothers in jails.
A total of 1515 children up to the age of 5/6 years were staying in jails as of 31.12.02. West
Bengal accounted for the highest number (279) followed by UP (211), Bihar (197), MP (116),
Maharashtra (109) and Tamil Nadu (75). Jails in Kerala, Manipur, Meghalaya, Sikkim,
Tripura, Andaman & Nicobar, Dadar & Nagar Haveli, Daman & Diu and Lakshdweep were
not holding any children.
NATIONAL HUMAN RIGHTS COMMISSION