The Union Ministry of Home Affairs has initiated a fresh proposal for second phase of prison reforms at a cost of Rs.5693.33 crore. The first phase of prison reforms involving a total outlay of Rs. 1800 crore for modernization of prisons ended on March 31, 2009, which was extended by two years. Still earlier, the Government of India had released Rs.125.24 crore to the States for prison reforms during 1987-2000 without any improvement on the ground.

Under the scheme of modernizations of prisons, 125 new jails and 1579 additional barracks have so far been constructed by the State Governments, bringing down overcrowding from 122.8 per cent in December 2009 to 112.2 per cent in December 2012.

As on December 31, 2012, there were 3, 85, 135 inmates in jails across the country out of a total capacity of 3, 43, 169, constituting over crowding by 112.2 per cent.

As for the number of Hindus, Muslims, Sikhs and Christians in jails, proportionate to their percentage in the total population, according to the National Crime Records Bureau (NCRB) in the Union Ministry of Home Affairs as on December 31, 2012, out of 3. 85 lakh combined convicts and under trial prisoners, per lakh population, 2.50 lakh were under trials. Of these, 53, 836 (21 per cent) were Muslims. Uttar Pradesh, Bihar, Maharashtra and West Bengal have highest number of Muslims.

An analysis of the NCRB data reveals that the rate of under trial Muslim prisoners is almost twice that of Hindus, calculated on number of under trials per lakh population. While the Hindu under trial rate is 21.5 per cent per lakh population, the Muslims are 38.81 per cent per lakh population. This indicates more Muslims as under trials compared to Hindus. This also reveals that 17 per cent convicts in jail constitute Muslims. In the under trial category, Muslims are 21 per cent in prisons. In the case of Hindus, the reverse is true. Hindus constitute 71.4 per cent of convicts and 69.9 per cent under trials. Sikhs constitute 4 per cent of under trials and 4.9 per cent of convicts. Christians comprise 3.5 per cent under trials and 4 per cent convicts.

This can be viewed in the context of a 2013 combined report by three Directors General of Police (DGPs), Sanjeev Dayal of Maharashtra, Deoraj Nagar of Uttar Pradesh and K.Ramanujam of Tamil Nadu on police attitude towards minorities, submitted to the Central Government, which held that there is an entrenched perception of Police being biased against Muslims.

Prison is a State Subject in the Seventh Schedule to the Constitution of India. Prison administration is, therefore, primarily the responsibility of the State Governments. The States have neglected it to the detriment of human rights of the inmates. The result has been that the convicted inmates, on completion of their terms as prisoners and those under trials, when freed, have come out mostly as hardened criminals and not as socially reformed law abiding citizens in sheer violation of the Constitutional postulates of the prison reforms.

All initiatives for prison reforms taken so far are half hearted. India has miles to go before full-scale modernization of its prisons is effected and the human rights of prisoners ensured to let real democracy thrive. The broad mission to make jails as correction (reforms) centres to transform inmates as better humans is yet to be realized.

Prison reforms followed the recommendations of Mulla Committee in 1983, Kapoor Committee in 1986, Iyer Committee in 1987 and Parliamentary Committee on Empowerment of Women in 2001. Having been appalled by pathetic, unhygienic and awful conditions of the average prisons, these Committees had recommended replacement of dilapidated prisons, improvement of living conditions, provision of medical and psychiatric services, vocational training and gainful employment, educational programme, improvement in the conditions of women prisoners, segregation of prisoners, provision for free legal aid, speedy trial, and humane and dignified treatment of prisoners!