Muslims, Dalits and Tribals Make Up Over 55 Percent of Undertrial Inmates in Indian Jails.

The Commonwealth Human Rights Initiative (CHRI) has revealed in its analysis that over 55 Percent of Undertrial Inmates in Indian Jails are Muslims, Dalits and Tribals.

The last two years witnessed over 23 percent increase in the occupancy of already overcrowded Jails in India.

According to the CHI report, more than nine lakh were arrested during the pandemic alone by the police.

In the wake of these findings, CHRI urged the Supreme Court, state governments, jail authorities, the rights bodies, and legal institutions to take urgent steps to decongest the prisons in India.

“Prison populations have alarmingly increased between December 2019 and November 2021 despite calls to the courts, the High Powered Committees and prison departments for an investigation behind such exceptional estimates,” said CHRI in a statement.

“This increase in prisoner population is far higher than the 2 to 4% increase in prisoner population each year,” it said.

From 2019 to 2021 the average increase in prison populations in 17 states is recorded at 23 percent, whereas in previous years it was two-to-four percent. Prison occupancy on average increased from 115 percent to 133 percent, while as the proportion of undertrials has swelled up to 77 percent from 69 percent.

The CHI statement stressed that the Supreme Court must take cognizance of the situation and order the prioritized disposal of cases where the accused has been in detention. “Prison overcrowding can severely impact the already strained prison resources, leading to further spread of the virus, as well as other communicable diseases,” the statement said.

“The exponential increase in arrest figures during 2020, when India was going through the suffering caused by Covid-19 is alarming and needs to be inquired into,” said Sanjoy Hazarika, CHRI’s Director.

 2.82 lakh undertrial inmates are Muslims, Dalits and Tribals.

Out of the total 2.82 lakh undertrial inmates, over 55 percent are Muslims, Dalits and tribals.

Collectively, these three communities form a population of 39 percent with a share of 14.2%, 16.6 per cent and 8.6% of the population respectively according to the 2011 census.

As far as conviction is concerned, they seem to get convicted faster than the rest as they account for 50.4% of all convicts.

Among Muslims, the community’s share of convicts is 15.8%, slightly above their representation in the population, but their share among undertrials (20.9%) is far higher.