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Will Supreme Court Orders Ease Vidarbha’s Prison Overcrowding?

An image showing Vidarbha’s Prison Overcrowding
Will Supreme Court Orders Ease Vidarbha’s Prison Overcrowding?

India's correctional facilities are bursting at the seams, with the national prison occupancy rate reaching 131% in 2022. Over half of the country's prisons operate beyond capacity, whilst 89 jails house more than 250% of their intended population.


The prison population surged by 49% between 2012 and 2022, yet capacity grew by merely 27% during the same period.


In Vidarbha, central jails in Nagpur and Amravati exemplify this nationwide crisis, housing thousands of undertrial prisoners who remain behind bars for months or years without conviction.


Maharashtra's Overburdened Prison System


Maharashtra's 60 jails operate at a staggering 149% capacity, with an average inmate population of 40,634 against an approved capacity of just 27,184 over the last three years.


As of January 31, 2023, the total number of inmates reached 41,075, exceeding the combined capacity of 24,722 by more than 16,300 individuals. In 2021, Maharashtra's jail occupancy rate stood at 148.8%, with 18 out of 60 jails housing double or more than twice their intended capacity.

Undertrial prisoners constitute the overwhelming majority of Maharashtra's inmate population. The state accounts for 7.4% of all undertrial prisoners in India, with 31,752 individuals awaiting trial at the end of 2021. By January 31, 2023, this number had risen to 32,917 undertrials out of 41,075 total inmates, representing approximately 80% of the state's prison population.

The Maharashtra government launched a legal aid initiative in 2018 under former Chief Minister Devendra Fadnavis, which has facilitated the release of approximately 9,000 undertrial prisoners. This represents about 45% of the 20,000 inmates aided through the programme. The initiative, developed in collaboration with the Azim Premji Foundation, Tata Institute of Social Sciences, and National Law University Delhi, deploys trained social work and legal fellows directly within jails and District Legal Services Authorities.


To address physical overcrowding, the state plans to construct nine new jails and 44 new barracks in existing prisons, projected to create 14,608 additional prison slots. Land acquisition is underway for 16 more proposed prisons.


The 'Support to Poor Prisoners Scheme' aims to provide financial aid to undertrials and convicts unable to pay bail sureties or fines, though only 30 inmates have benefited under this initiative.


Despite these efforts, Maharashtra's per-prisoner expenditure remains notably low at Rs 47 per day, significantly below the national average and far less than states like Andhra Pradesh, which spends Rs 733 per prisoner daily.


Vidarbha's Central Jails Face Severe Crisis


Nagpur Central Jail, situated in the hometown of the Chief Minister, operates at nearly 159% capacity.

With a sanctioned capacity of 1,940 inmates, it currently houses approximately 3,080 individuals, surpassing its limit by 1,140 inmates. In 2017, the jail reported 2,182 inmates against a sanctioned capacity of 1,840, with about 56% being undertrial prisoners. A concerning 151 undertrials, 149 male and three female, had spent more than two years in jail.


The facility faces severe staffing shortages, with only 226 personnel in place out of a sanctioned 438, leaving 46% of positions vacant. Critical vacancies exist for senior jailers, jailers, constables, and clerks.


These shortages create dangerously low inmate-to-guard ratios, with reports of 225 inmates in barracks designed for 90, supervised by only one official. The understaffing severely impacts healthcare provision and legal aid access.


As of February 2017, only 43.13% of male prisoners and 46.58% of female prisoners from Nagpur Central Jail could be produced before courts, directly affecting their right to a speedy trial.

Amravati Central Prison, classified as a District Prison Class I, houses 1,129 inmates against a sanctioned capacity of 973, indicating approximately 16% overcrowding.

The facility is designated for habitual prisoners from the Eastern Division and local undertrials. In 2018, undertrial prisoners constituted about 35% of the prison population, with 25 individuals having spent more than two years in jail.


Amravati Central Prison suffers from staffing deficiencies, with only 141 posts filled out of 177 sanctioned positions.


The crucial post of regular Superintendent remains vacant, impacting overall executive management. District Legal Services Authorities are functional, but legal assistance to prisoners remains limited.


Both facilities fall under the Eastern Division of Maharashtra's prison administration, with the Superintendent of Nagpur Central Prison serving as ex-officio Deputy Inspector-General for the region.


Smaller facilities in the Vidarbha region face similar challenges. District Jail Chandrapur reported 60-65% undertrial prisoners in 2017, whilst in Gadchiroli, at least one prisoner remained incarcerated due to the inability to furnish surety.


Supreme Court Directives Meet Implementation Gaps


The Supreme Court has consistently intervened through landmark directives addressing prison reform.


On August 23, 2024, in the ongoing case 'Inhuman Conditions in 1382 Prisons' (W.P. (C) No. 406/2013), the Court mandated effective implementation of Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023.


This provision enables release of first-time offenders on bond after serving one-third of the maximum imprisonment period, whilst other undertrials can be released on bail after serving half the maximum period.

Section 479(3) places direct responsibility on prison superintendents to proactively apply to courts for eligible undertrial prisoners. The Supreme Court explicitly clarified these provisions apply to all undertrials in pending cases, regardless of whether their case was registered before July 1, 2024.

The Ministry of Home Affairs urged states and Union Territories to actively identify eligible undertrials and launched a special campaign on Constitution Day (November 26, 2024) to accelerate releases.


Another landmark ruling on October 3, 2024, in Sukanya Shantha vs Union of India (W.P. (C) No. 1404 of 2023) declared caste-based discrimination in Indian prisons unconstitutional. The verdict highlighted entrenched discriminatory practices, such as assigning menial tasks like cleaning to marginalised castes whilst reserving cooking for "higher castes".


The Court directed states and Union Territories to revise prison manuals within three months to eliminate discriminatory provisions and remove caste references in prisoner registers.

Undertrial Review Committees, established by a 2015 Supreme Court directive, comprise district-level committees including the District & Sessions Judge, District Magistrate, Superintendent of Police, Secretary of the District Legal Services Authority, and Officer-in-charge of Prisons.



The 707 District Legal Services Authorities, under 37 State Legal Services Authorities, compile data and facilitate legal representation for eligible undertrials.


Despite their existence, less than half of the undertrial prisoners identified for release are actually freed.


Between January and July 2024, over 42,000 prisoners were recommended for release by Undertrial Review Committees, but only 19,911 were ultimately released. Key barriers include lower court judges' reluctance to release prisoners charged with serious offences and persistent personal surety requirements for bail.

Legal aid remains inadequate despite being guaranteed under Article 39A of the Constitution. Many undertrials lack access due to unawareness, poor infrastructure, and a shortage of skilled lawyers.


Even when identified for release by committees, notable percentages of undertrials, 18% in West Bengal and 14% in Delhi, lack legal representation. The government's cash bail scheme, launched in 2023 for poor prisoners unable to pay despite getting bail, has proven ineffective.


Human Cost of Prolonged Detention


Nationally, undertrial prisoners comprise 76% of the total prison population as of 2022, representing a significant increase from 66% in 2012.


More recent data from April 2024 indicates 74.6% of nearly 530,000 prisoners were undertrials, whilst January 2025 figures show 74.2% of 506,660 prisoners awaiting trial. Nearly 11,448 undertrials have been detained for more than five years as of 2022.

The 2009 amendment to Section 41 of the Criminal Procedure Code aimed to restrict arbitrary arrests for cognizable offences punishable by seven years or less, yet indiscriminate arrests continue. Many undertrials, even for offences like theft, spend periods longer than they would serve if convicted.


The 2023 TISS report "Experiences of Undertrial Prisoners Released on Bail" reveals devastating financial impacts on families. Many undertrials come from extremely low-income households, with average family income barely above Rs 9,500 per month. A majority—65%—earn less than the government-prescribed minimum wage, making them heavily reliant on the incarcerated member's income.


One respondent described constant tension and crying after being arrested in front of young children, worrying about their shelter, food, and basic requirements.

The uncertainty of trial delays and irregular court dates compounds this distress. Lack of communication with advocates or family, sometimes due to quarantine protocols or financial constraints, further isolates prisoners and heightens anxiety.


Rural families in Chandrapur and Gadchiroli face amplified challenges compared to their urban counterparts.


Greater geographical distances to courts and legal aid services, limited financial resources, lower awareness of legal rights, and less social support infrastructure compound difficulties. Cases of police misrepresenting surnames, causing identity verification problems for bail, prove particularly challenging for rural, less-literate families to navigate.


Undertrial prisoners are disproportionately drawn from marginalised communities. Significant percentages come from Scheduled Castes, Scheduled Tribes, Other Backward Classes, and religious minorities, including Muslims and Sikhs.


A substantial 26.2% of undertrials are illiterate, whilst 39.2% have education only up to Class X. These factors create cycles where vulnerable individuals are more likely to be arrested, less likely to access effective legal aid, and unable to meet financial bail conditions.

The crisis extends beyond statistics to represent fundamental failure in delivering timely justice. Pre-trial detention has transformed from protective custody into de facto punishment, undermining constitutional guarantees of liberty and dignity.


The disconnect between progressive legal frameworks and practical realities reveals systemic resistance to translating legal principles into tangible relief for prisoners.


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The NewsDirt is a trusted source for authentic, ground-level journalism, highlighting the daily struggles, public issues, history, and local stories from Vidarbha’s cities, towns, and villages. Committed to amplifying voices often ignored by mainstream media, we bring you reliable, factual, and impactful reporting from Vidarbha’s grassroots.

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