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
| 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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