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2026 Supreme(Online)(SC) 616

SUPREME COURT OF INDIA
Vikram Nath, Sandeep Mehta, JJ
IN RE-INHUMAN CONDITIONS IN 1382 PRISONS – Appellant
Versus
. – Respondent
Writ Petition(s)(Civil) No(s). 406/2013



Advocates:
For the Appellants/Petitioners:
For the Respondents: Gaurav Agrawal, R Venkataramani, Aishwarya Bhati, Ashok Panigrahi, Suhashini Sen, B K Satija, Ishaan Sharma, Kartikay Agrawal, Abhishek Kumar Pandey, Chitvan Singhal, Raman Yadav, Mukesh Kumar Singh, Ameyavikrama Thanvi, Arvind Kumar Sharma, K. M. Nataraj, Indira Bhakar, Mrinal Elkar Mazumdar, Piyush Beriwal, Harish Pandey, Shashwat Parihar, Kanu Agrawal, Varun Chugh, Krishna Kant Dubey, Atulesh Kumar, Mukul Singh, Santosh Ramdurg, Yogesh Vats, Shreekant Neelappa Terdal, Anand Grover, Prashant Alai, Kunal Mimani, Amit Anand Tiwari, Sabarish Subramanian, Devyani Gupta, Vishnu Unnikrishnan, Tanvi Anand, Saushria Havelia, Mahfooz Ahsan Nazki, Shuvodeep Roy, Deepayan Dutta, Saurabh Tripathi, Abhimanyu Tewari, Pragati Neekhra, Swati Ghildiyal, Neha Singh, Surjendu Sankar Das, Yooviak Toor, Venkat Mani Tripathi, B.k. Satija, Samar Vijay Singh, Sabarni Som, Gaj Singh, Keshav Mittal, Prateek Parasher, Ashutosh Mishra, Mahabir Singh, Kirtikar Sukul, Pashupathi Nath Razdan, Maitreyee Jagat Joshi, Astik Gupta, Akanksha Tomar, V. N. Raghupathy, C. K. Sasi, Kk Geetha, Meena K Poulose, Rudraditya Khare, Mrinal Gopal Elker, Saurabh Singh, Bharat Bagla, Siddharth Dharmadhikari, Aaditya Aniruddha Pande, Shrirang B. Varma, Pukhrambam Ramesh Kumar, Karun Shamra, Anupama Ngangom, Rajkumari Divyasana, Avijit Mani Tripathi, T.k. Nayak, Marbiang Khongwir, Aditya Kumar, Upendra Mishra, P.S. Negi, Siddhesh Shirish Kotwal, K. Enatoli Sema, Amit Kumar Singh, Chubalemla Chang, Prang Newmai, Yanmi Phazang, Samprikta Ghosal, Karan Sharma, Sandeep Kumar Jha, Bhavani S. Patnaik, Hitesh Kumar Sharma, Amit Kumar Chawla, Akhileshwar Jha, Anupam Kumar, Manoj Kumar, Raghvendra Kumar, Siddharth Sangal, Pradeep Misra, Daleep Dhyani, Surjendu Singh, Astha Sharma, Mukesh Kumar Maroria, Devina Sehgal, Yatharth Kansal, Pallavi Langar, Sanchit Garga, Kunal Rana, Shashwat Jaiswal, Bhanu Pratap Singh, Diksha Arora, Aarohi Garg, Disha Singh, Gurmeet Singh Makker, Samir Ali Khan, Pranjal Sharma, Rohit Bansal, Kartikeya Rastogi, Inderdeep Kaur Raina, Tamanna Kavdia, Chandra Prakash, Rashmi Nandakumar, Yashmita Pandey, Sudarshan Lamba, Kamlendra Mishra, Sarthak Karol, Ameyvikrama Thanvi, Rajbahadur Yadav, Arun Kumar Yadav, Salvador Santosh Rebello, Raghav Sharma, Moulishree Pathak, Anubhav Attrey, Rajendra Sahu, Hema Sahu, Rishabh Sahu, Narinder Kumar Verma, Shiv Mangal Sharma, Nidhi Jaswal, Anando Mukherjee, Shwetank Singh, Riya Dhingra, Utkarsh Anand, Shantanu Sagar, Anil Kumar, Gunjesh Ranjan, Divya Mishra, Prakash Kumar Mangalam, Manoneet Dwivedi, Abhishek Kumar Gupta, Anshala Verma, Pranshu Dwivedi, Aravindh S., Jyotika Sharma, S. Santhosh, Sudarshan Singh Rawat, Shibashish Misra, Anuj Bhandari, Sameer Abhyankar, Rahul Kumar, Aakash Thakur, Guntur Pramod Kumar, Prerna Singh, Dhruv Yadav, Durgesh Ramchandra Gupta, Prashant Kumar Umrao, Prashant Singh, Pritam Singh, Ram Narayan Mohanty, Umesh Kumar Shukla

The Supreme Court mandated that all States and Union Territories submit updated, comprehensive prison statistics to ensure effective judicial oversight of prison conditions, overcrowding, and the welfare of women and children, emphasizing the necessity of current data for informed adjudicatory proceedings.

Headnote:The proceedings concern the persistent issue of inhuman conditions in prisons across the country. In the context of existing public interest litigation regarding prison oversight, the Court emphasized the necessity of obtaining updated contemporaneous data from all States and Union Territories (UTs) to conduct an informed adjudication. The core issues framed by the Court involve the adequacy of current prison data, specifically regarding occupancy, overcrowding, and the welfare of women prisoners and their children. The Court reasoned that effective monitoring and judicial intervention require current statistics, including jail-wise capacity and personnel data, to ensure compliance with human rights standards and prior judicial directives regarding decongestion. The Court directed all States and UTs to file comprehensive affidavits by 18th May 2026 detailing prison capacity, occupancy, decongestion measures, facilities for women and children, and staff vacancies.

Table of Content
1. requirement for contemporary data to proceed with prison condition monitoring. (Para 1)
2. directives for states to submit comprehensive prison statistics and compliance reports. (Para 2 , 3 , 4 , 5 , 6)

O R D E R

1. We have heard the submissions advanced by Mr. Gaurav Agrawal learned amicus curiae. He has drawn the attention of this Court to the fact that the statistics presently placed on record by the States and Union Territories pertain to the year 2023. Having regard to the nature of the issues involved and the necessity of an informed adjudicatory exercise, we are of the considered view that the availability of updated contemporaneous data is indispensable for the effective consideration of the present proceedings.

2. Accordingly, we deem it appropriate to direct all States and Union Territories to place on record updated and comprehensive statistics relating to all prisons situated within their respective jurisdictions. Such data shall, inter alia, include jail-wise capacity of each prison, total number of prisoners lodged therein, percentage of overcrowding in each jail, steps proposed to address overcrowding, details of women jails, facilities provided to women prisoners and children accompanying them (including educational and medical facilities), as well as the sanctioned strength of personnel, existing vacancies, and other related aspects.

3. In furtherance thereof, all States/Union Territories are directed to furnish the requisite information under the following heads: -

A. Complete particulars indicating the sanctioned capacity of each prison and the total number of prisoners (undertrials as well as convicts) lodged therein, as on 1st March, 2026, along with jail-wise details reflecting the extent of occupancy;

B. Details of the steps undertaken or proposed to be undertaken for decongestion and reduction of overcrowding in prisons, including compliance with the directions issued by this Court in the present proceedings, notwithstanding the steps directed to be taken as per the judgment dated 26th February, 2026 in Suhas Chakma v. Union of India & Ors.

C. The number of women jails situated within its jurisdiction and the facilities available therein, including comprehensive details of the measures undertaken to ensure the education and overall welfare of children residing with women prisoners, inter alia, the availability of paediatric care, teachers and counsellors, and the manner and mode in which educational facilities are being imparted to such children;

and D. The sanctioned strength of prison staff, the existing vacancies, and the steps taken or proposed to fill such vacancies, together with all ancillary aspects relating to prison administration.

4. The aforesaid exercise shall be completed within a period of two months from today. The States/Union Territories shall file comprehensive affidavits, duly sworn by the Home Secretary, detailing the aforesaid particulars on or before 18th May, 2026.

5. The Registry shall forward copies of the affidavits received from the States/Union Territories to the learned amicus curiae. The learned amicus curiae shall, thereafter, prepare a comprehensive note detailing the statistics and information provided by the States/Union Territories within a period of one week.

6. List on 26th May, 2026.

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