SRINAGAR: Jammu and Kashmir’s prisons remain heavily overcrowded, with 5,400 inmates lodged against an official capacity of just 3,629, according to data placed before the Rajya Sabha on Wednesday. The information was provided by the Ministry of Home Affairs in a written reply to a question raised by Rajya Sabha MP Dr Sandeep Kumar Pathak on the scale of prison overcrowding across the country and the policy framework to address it. The numbers pertain to December 2023.
The Union Territory has 14 prisons, and its occupancy rate is among the highest in the Himalayan region. The numbers mean that Jammu and Kashmir is currently operating at nearly 150 per cent of its sanctioned capacity. Officials said the statistics are drawn from the National Crime Records Bureau’s latest Prison Statistics India 2023 report, which compiles data from all States and Union Territories.
Neighbouring Ladakh, by contrast, has 2 prisons with a capacity of 155, housing only 46 inmates, indicating no overcrowding pressure.
India’s overcrowding problem extends far beyond Jammu and Kashmir, according to the details offered in the official data.
Across the country, the scale of congestion is stark. As of December 31, 2023, India had 1,332 prisons with a total capacity of 4,39,119, but the inmate population stood at 5,30,333, leaving the national system overburdened by more than 91,000 prisoners.
Uttar Pradesh has the largest inmate population — 98,849 prisoners against a capacity of 65,866.
Delhi’s prisons hold 20,077 inmates, nearly double their capacity of 10,026.
Madhya Pradesh reports 45,543 inmates against a capacity of 29,875.
Punjab and West Bengal also remain significantly over capacity.
Some States, however, operate below their sanctioned capacity. These include Odisha, Telangana, Tripura, and Tamil Nadu, where inmate populations remain within manageable limits.
Responding to questions on whether any national-level policy exists to transfer inmates from overcrowded prisons, the Home Ministry clarified that prisons are a State subject. Administration, construction, and decisions on transferring inmates are the responsibility of State Governments and Union Territory administrations.
The Centre said it has not framed any policy for inter-State or intra-State redistribution of prisoners, nor has it set a timeline for doing so. It also clarified that building new prisons or expanding existing ones falls under the jurisdiction of each State and UT, which must allocate their own funds for such projects.
While the Union Government has not funded new jails over the last five years, the data presented in Parliament underscores the urgency for several States — including Jammu and Kashmir — to undertake capacity augmentation. With rising arrests, prolonged undertrial detention, and slow disposal of cases, prison populations have grown faster than infrastructure.
Officials noted that overcrowding not only strains security and administration but also affects inmate health, access to legal aid, and rehabilitation programmes.
