An Epidemic of Over-Arrest

Context:  Recently, Delhi’s High-Powered Committee (HPC) for the decongestion of prisons directed that a final 30-day extension on release will be given to the prisoners after which that they should return to prison. This push for repopulation of prison is reckless.

Problems related to the return of prisoners

• COVID-19 pandemic is still active: States that failed to bring prison populations down experienced quick cases of COVID-19 and has led to second wave of rising cases.

• Already running over the capacity: Re-entry of undertrials will increase overcrowding to 200 %.

• Delhi’s prison population currently stands at 15,900 individuals while it can hold only 10,033 persons, 90 % of whom are undertrials.

Reasons for the increased prison population during Pandemic

• Misplaced policing priorities: Two major issues with the actions taken by states: 

• Public health crisis was misdiagnosed: and treated as a law and order issue.

• E.g. In M.P, there were a high number of lockdown-related arrests (14.8 %).

• Misplaced policing priorities: Focus on the pursuit of low-level, low-harm, victimless offences such as alcohol possession and public gambling against low-income, marginalised communities.

• E.g. In M.P, there were higher than usual number of arrests under its Excise Act (15.8 %) and the Public Gambling Act (12.2 %)

• Judicial delays:  Low access to bail due to reduced court capacities and adoption of a virtual court system aggravated judicial delays.

• Issues with the criminal justice system: Agents of the criminal justice system failed to take responsibility for prison populations

Conclusion:  It is the time to address the problem of over-arrests and inherent problems of policing and to carry out reforms to reduce the under trial prison population.