Supreme Court Seeks Data From All States/UTs On Prison Occupancy
The States have been also asked to furnish steps taken to decongest prisons.
The Supreme Court recently directed all the States and the Union Territories to file their affidavits on the latest condition of prisons.
The bench of Justice Vikram Nath and Justice Sandeep Mehta passed the order in the PIL concerning overcrowding of prisons across the country.
The bench considered the submission of Adv Gaurav Agrawal, the amicus curiae in the matter,that the Court does not have on record the latest statistics regarding the condition of state-wise prisons.
The Court directed all the States and UTs to file their affidavits regarding the updated condition of the prisions, indiciating the following aspects - " jail-wise capacity of each prison, total number of prisoners lodged therein, percentage of overcrowding in each jail, steps proposed to address overcrowding, details of women jails, facilities provided to women prisoners and children accompanying them (including educational and medical facilities), as well as the sanctioned strength of personnel, existing vacancies, and other related aspects."
The bench directed that States and UTs to file affidavits with the following details :
A. Complete particulars indicating the sanctioned capacity of each prison and the total number of prisoners (undertrials as well as convicts) lodged therein, as on 1st March, 2026, along with jail-wise details reflecting the extent of occupancy;
B. Details of the steps undertaken or proposed to be undertaken for decongestion and reduction of overcrowding in prisons, including compliance with the directions issued by this Court in the present proceedings, notwithstanding the steps directed to be taken as per the judgment dated 26th February, 2026 in Suhas Chakma v. Union of India & Ors.;
C. The number of women jails situated within its jurisdiction and the facilities available therein, including comprehensive details of the measures undertaken to ensure the education and overall welfare of children residing with women prisoners, inter alia, the availability of paediatric care, teachers and counsellors, and the manner and mode in which educational facilities are being imparted to such children; and
D. The sanctioned strength of prison staff, the existing vacancies, and the steps taken or proposed to fill such vacancies, together with all ancillary aspects relating to prison administration
The Court directed that the same shall be filed within 2 months and "duly sworn by the Home Secretary, detailing the aforesaid particulars on or before 18th May, 2026."
The matter will now be heard on May 26.
Case Title: Re-Inhuman Conditions In 1382 Prisons v. Director General of Prisons and Correctional Services and Ors., W.P.(C) No. 406/2013