Annual Report 2008-2009 of the visits made by the Special Rapporteurs to different jails in the country have been forwarded to the concerned State Governments for taking remedial measures. D. Analysis of Prison Population 5.14 The NHRC compiles an analysis of prison statistics bi-annually. During the period under report, it analysed prison statistics up to 31 December 2007. The total prison population of the country was 3, 73,948 against the authorized jail capacity of 2, 76,960. Out of these, the percentage of undertrials was 67.9 per cent. Given the authorized capacity of all the jails and sub-jails, there is an overcrowding to the extent of 35 per cent for the country as a whole, as compared to 40.15 per cent as on 31 December 2006. The current trend is an encouraging one and efforts are further required to maintain this declining trend in future. Twelve States – Uttar Pradesh, Chhattisgarh, National Capital Territory of Delhi, Jharkhand, Gujarat, Madhya Pradesh, Uttarakhand, Himachal Pradesh, Kerala, Orissa, Assam and Punjab – had overcrowding ranging from 36 per cent to 101.3 per cent, which is above the authorized capacity. 5.15 Among these States, the NCT of Delhi (85.7%) and Gujarat (67.3%) have made remarkable progress in reducing overcrowding in jails. Other than this, States in which overcrowding has been reduced in comparison to the percentage as on December 2006 are — Jharkhand (68.2%), Orissa (44.9 %), Bihar (33.8%), Haryana (24.3%), Maharashtra (23.9%), Andhra Pradesh (18%), Lakshadweep (12.5%), Sikkim (12.4%) and Goa (1.7%). The States in which the percentage of overcrowding has risen as compared to the position in December 2006 are — Uttar Pradesh (101.3%), Chhattisgarh (99.5%), Uttarakhand (50.2%), Himachal Pradesh (45.2%), Kerala (45.1%), Punjab (36%), Andaman & Nicobar Islands (33.7%) and Puducherry (13.1%). Seven States and three Union Territories – West Bengal, Rajasthan, Tamil Nadu, Mizoram, Jammu & Kashmir, Manipur, Nagaland, Daman & Diu, Chandigarh and Dadra & Nagar Haveli – had an idle capacity in their jails as on 31 December 2007. 5.16 The undertrial prisoners constituted 67.9 per cent of the total prison population in the country as on 31 December 2007, a slight improvement from the previous year’s 68.3 per cent. The States/Union Territories of Andhra Pradesh, Assam, Chhattisgarh, Goa, Gujarat, Haryana, Himachal Pradesh, Jharkhand, Kerala, Madhya Pradesh, Maharashtra, Puducherry, Rajasthan, Sikkim, Tamil Nadu, Tripura and Uttarkhand were having undertrials less than the all India level of 67.9 per cent. 5.17 The percentage of women prisoners in relation to the total prison population in the country remained almost the same as in the preceding year – 4 per cent. In this regard, Mizoram has consistently held the ‘top slot’ in the analysis from December 2004 to December 2007. Children up to the age of 5 to 6 years are permitted to live in jails with their mothers in pursuance of the directions given by the Supreme Court in R.D. Upadhyay vs. State of Andhra Pradesh. There were 2,071 children (upto the age of 6 years), as on 31 December 2007, who were staying with their mothers in jails across the country. 77

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