Counting deaths in India’s prisons

Source: This post is created based on the article ‘Counting deaths in India’s prisons, published in The Hindu on 3^rd October, 2023.

Syllabus Topic: GS Paper 2, Social Issues, Criminal Justice System, prison reforms

News: The Supreme Court Committee on Prison Reforms has highlighted that suicides are the main cause of ‘unnatural’ deaths among Indian prisoners.

How deaths in the prisons are classified?

National Crime Records Bureau (NCRB) publishes the data related to prison deaths annually in Prison Statistics India (PSI) report. In 2021, a total of 2,116 prisoners died in judicial custody, with almost 90% of cases recorded as natural deaths.

The report classifies the prison deaths into 2 parts: 1) Natural deaths 2) Unnatural deaths

Natural Deaths: Natural deaths are due to ageing and illnesses, including heart conditions, HIV, tuberculosis, and cancer.

Unnatural Deaths: Unnatural deaths encompass a variety of causes, such as suicide, assault, negligence, and accidents.

What are the Challenges in prison system of India?

Ambiguity in classification: The Supreme Court has pointed out that the distinction between natural and unnatural deaths is unclear. For instance, if a prisoner dies due to a lack of timely medical attention, it’s uncertain whether it’s a natural or unnatural death. This ambiguity, combined with under-reporting and lack of investigation, often results in many deaths being labelled as ‘natural’.

Overcrowding: During the pandemic, prisons were overcrowded, with an occupancy rate of 118%.

Insufficient infrastructure and facilities: The sanctioned strength of medical staff was not sufficient, with one staff member catering to 219 inmates. There is a significant shortage of staff, with many positions vacant in several states.

Medical budget: Only 5% of the expenditure was on medical facilities, and funds allocated for inmates were underutilized.

Investigation of Deaths: Since 1993, the NCRB is mandated to report a custodial death within 24 hours. However, the process is often not stringent, with only one disciplinary action taken against an erring official between 2021-22.

As per the Commonwealth Human Rights Initiative (CHRI) report, suicide rate among inmates was found to be more than twice the rate recorded in the general population.

Government initiatives for prison reforms

The Model Prison Manual of 2016 and the Mental Healthcare Act of 2017 emphasize inmates’ right to healthcare.

The NHRC has issued advisories highlighting the importance of mental health and suicide prevention.

What should be done to reduce suicide cases in prisons?

First, allowing inmates to communicate with their families.

Second, giving prisoners with access to newspaper.

Third, there should be a strict check on tools that can be used for self-harm.

Fourth, mental health screenings should be done upon entry.

Fifth, CCTV cameras should be installed for monitoring.