Close to 12,000 undertrial prisoners are currently lodged in the Tihar Jail Complex, as per the response by Sanjay Beniwal, Director General (Prisons) of Delhi, to an RTI plea.
Advocate Amit Dwivedi, who had filed the Right to Information (RTI) plea, told The Hindu that living spaces in the prison, which are meant to be inhabited by four people, are occupied by eight, creating extreme discomfort, breaching inmates’ privacy, and leaving them prone to diseases and mental health issues.
The RTI reply revealed that against the sanctioned strength of 5,200 in Tihar, 13,134 inmates are lodged in the jail, of whom 11,975 are undertrial prisoners.
It also said that the Rohini jail complex, which has a capacity of 1,050, houses 1,933 prisoners of whom 1,831 are under trial. At Mandoli jail, with a sanctioned strength of 3,776 inmates, 4,180 prisoners are lodged, with 3,749 undertrials.
Mr. Dwivedi also said that most undertrial prisoners are in jail for minor offences like theft, and not serious ones such rape, murder and dacoity. This is because they are unaware of default bail provisions due to lack of legal awareness and resources, he added.
“In this grim situation, it is important to make prisoners aware of statutory and default bail provisions, wherein bail is granted as matter of right without considering the merits of the case,” Mr. Dwivedi said, adding that a roll of undertrial prisoners should be prepared and shared with the competent District Legal Service Authority, which in turn shall engage advocates on pro bono basis for filing default bails for poor undertrial prisoners.
Mr. Beniwal told The Hindu that undertrial prisoners occupy more than 80% of the overcrowded prison space. “It is challenging because the lack of space changes human behaviour,” he said, adding that overcrowding makes most inmates feel insecure and irritated.
“While space is an important issue, surveillance needs to be addressed too. However, we have an adequate number of CCTV cameras in each section of the prison complex,” the Director General (Prisons) added.
Natasha Narwal, who had been arrested in connection with the 2020 Delhi riots and secured bail in June last year, said many prisoners struggled to find a space to sleep. “Undertrial prisoners end up living under the same conditions as convicts, which impacts their mental health,” she added.
Ms. Narwal also said that most prisoners have no information about access to legal aid, “which makes them even more vulnerable”.
“Conversations regarding prison’s infrastructure and administration need to be initiated, and problems faced by women prisoners need to be brought to the forefront,” she added.
Mr. Beniwal said that prisoners are informed about their case, the legal aide they can access, their court dates, and their fundamental human rights. “Most undertrials are from marginalised sections of the society, and we make them aware [of their rights].”
