...... 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

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