Undertrials Stuck in Jail Over Bail Costs While Prisons Spend More on Their Stay: Report

A parliamentary panel has raised concerns over the prolonged incarceration of undertrials who remain in jail simply because they cannot afford bail or fines. In a report submitted to the Rajya Sabha, the committee emphasized the need for systemic reforms, noting that prisons spend more on housing these inmates than their actual bail amounts. To address this, it recommended that states and Union Territories establish dedicated funds, similar to Andhra Pradesh’s ‘Cheyutha Nidhi,’ to assist financially struggling prisoners. The report also flagged the alarming rise in drug smuggling within prisons, urging authorities to deploy X-ray scanners and conduct stricter physical searches. Additionally, rehabilitation programs like Assam’s Opioid Substitute Therapy (OST) were suggested to help inmates overcome addiction.

The committee found that mobile phones and narcotics, especially ganja, are among the most frequently smuggled items, with smugglers in Tamil Nadu even using catapults to hurl contraband over prison walls. It also warned that inmates use mobile phones to orchestrate criminal activities, exacerbating gang rivalries. To curb these issues, the report recommended stricter frisking of prison staff and visitors, alongside the implementation of e-Mulakat and video conferencing to reduce in-person visits and limit smuggling risks. With overcrowding and security threats on the rise, the panel underscored the need for legal and technological interventions to strengthen prison security.

Undertrials Stuck in Jail Over Bail Costs While Prisons Spend More on Their Stay: Report

Parliamentary Panel Calls for Urgent Reforms to Address Undertrial Incarceration and Prison Security

A recent report by the Parliamentary Standing Committee on Home Affairs has shed light on the pressing need for systemic reforms in India’s prison system. The report, submitted to the Rajya Sabha, highlights the prolonged incarceration of undertrials—individuals who remain behind bars not because they have been convicted, but simply because they cannot afford to pay bail or fines. Many of these detainees, despite being eligible for release, continue to languish in overcrowded prisons due to financial constraints. The committee also expressed growing concerns over security threats in correctional facilities, urging authorities to adopt comprehensive measures to curb illegal activities within jails.

 

Prisons Spend More on Inmates Than Bail Costs

One of the key observations made by the panel is the financial burden that the state prison systems bear due to prolonged undertrial detention. The report pointed out that the cost of housing an undertrial often exceeds the actual bail amount required for their release. This means that state administrations are spending vast sums on inmates who could be set free with relatively small financial assistance. To tackle this inefficiency, the committee proposed that states and Union Territories (UTs) establish dedicated funds to help indigent prisoners pay their fines and secure their release. Andhra Pradesh’s ‘Cheyutha Nidhi’ fund was cited as a successful model that other regions could replicate to support underprivileged detainees.

 

Strengthening Prison Security Against Drug Smuggling

Apart from the financial strain caused by prolonged undertrial detention, the report also highlighted a concerning rise in drug smuggling within prisons. The committee recommended a multi-layered approach to tighten security and prevent the entry of illicit substances. Among the proposed measures were:

• Installing X-ray scanners and advanced detection devices at prison entry points to monitor contraband movement.
• Conducting thorough physical searches of both visitors and inmates to minimize the risk of smuggling.
• Expanding rehabilitation programs like Assam’s Opioid Substitute Therapy (OST), which aims to help inmates overcome drug addiction and reduce dependence on narcotics.

By implementing these measures, the panel believes that prison authorities can significantly curb the circulation of drugs and other illegal substances, improving overall security and inmate welfare.

 

Unconventional Methods of Smuggling Contraband

The committee’s investigation uncovered various smuggling techniques used to introduce banned items into prisons. Mobile phones and drugs, particularly ganja, were identified as the most frequently smuggled contraband. A particularly unusual method was reported in Tamil Nadu, where smugglers use catapults to hurl packets of drugs and cell phones over prison walls.

The presence of mobile phones within prisons is especially concerning, as inmates have been found using them to coordinate criminal activities outside jail, fueling gang conflicts and even facilitating organized crime operations. The report stressed the urgent need for stricter security protocols, including thorough frisking of both visitors and prison staff, to prevent corruption and reduce the flow of illicit items inside jails.

 

Leveraging Technology to Enhance Prison Security

Recognizing that physical security measures alone may not be sufficient, the committee emphasized the role of technology in improving prison security and management. It suggested the widespread implementation of e-Mulakat, a virtual meeting system that would allow inmates to connect with their families through video conferencing. This system would reduce the need for physical visits, thereby minimizing the chances of smuggling contraband through visitors.

Additionally, the use of surveillance technology such as AI-powered monitoring systems, biometric verification, and secure communication channels was recommended to prevent unauthorized activities within prisons. These interventions, the panel believes, will not only enhance security but also improve the overall efficiency of prison administration.

 

The Need for Comprehensive Reforms

With Indian prisons facing challenges such as overcrowding, security breaches, and financial inefficiencies, the committee’s report underscores the need for immediate legal and technological reforms. Addressing the prolonged incarceration of undertrials through dedicated financial support, tightening prison security against drug smuggling, and leveraging digital solutions to streamline prison operations are crucial steps toward a more effective and humane correctional system. The panel has urged authorities to take swift action to implement these recommendations, ensuring that undertrials are not unjustly punished due to financial constraints and that prisons become safer, more secure institutions for both inmates and staff.