PRISON DEATHS

2. Classification of Prison Deaths

Prison deaths in India are categorized as either 'natural' or 'unnatural' based on the annual Prison Statistics India report by the National Crime Records Bureau (NCRB). This classification provides critical insights into the challenges within the prison system.

2.1. Natural Deaths

• The majority, nearly 90%, of prison deaths are categorized as 'natural.'
• These are attributed to factors such as ageing and illnesses, subcategorized by specific diseases or conditions such as heart-related issues, HIV, tuberculosis, and cancer.
• Notably, as the prison population grows, the number of natural deaths has seen an upward trend, increasing from 1,424 in 2016 to 1,879 in 2021.

2.2. Unnatural Deaths

'Unnatural' deaths within prisons encompass a diverse range of causes, including:

1. Suicide (resulting from methods like hanging, poisoning, self-inflicted injuries, drug overdose, electrocution, etc.)
2. Death due to incidents involving other inmates
3. Death resulting from assaults by individuals outside the prison
4. Deaths due to firearms
5. Deaths attributed to negligence or excessive actions
6. Accidental deaths can occur due to natural calamities like earthquakes, snakebites, drowning, accidental falls, burn injuries, and drug/alcohol consumption.

• The suicide rate among inmates is a matter of particular concern, with the Commonwealth Human Rights Initiative (CHRI) report revealing that it is more than twice that of the general population.
• Following suicides, the most common causes of unnatural deaths are categorized as "other" reasons or murders committed by fellow inmates.
• The NCRB data also sheds light on the socio-economic background of the inmate population.
• Notably, one in every three undertrial prisoners comes from a Scheduled Caste or Scheduled Tribe, and many lack the necessary education and financial means to secure bail.
• However, the caste or religious profile of individuals who died in custody remains undisclosed.

4. Issues with the Classification of Prison Deaths

• In a significant Supreme Court judgment, Justice M.B. Lokur raised concerns about the NCRB's unclear distinction between natural and unnatural deaths.
• This ambiguity becomes problematic when prisoners die due to a lack of proper medical attention, blurring the line between natural deaths due to illness and unnatural deaths due to negligence.
• During the pandemic, deaths due to COVID-19 were classified as 'natural' despite overcrowded prisons, inadequate medical staff, and insufficient care.
• Justice Lokur and others have highlighted that the issue of custodial deaths is intertwined with prison congestion, access to medical help, staff availability, and training.

4.1. Underutilization of Funds

• Only 5% of expenditure is allocated to medical facilities, per the PSI 2021 report.
• Between 2016 and 2021, allocated funds for inmate welfare were consistently underutilized.
• In states like Rajasthan, Madhya Pradesh, Punjab, and Maharashtra, less than ₹20,000 was spent per prison inmate in 2019-20.

5. Investigation of Custodial Deaths

• Investigating custodial deaths is critical for ensuring justice and accountability within the prison system.
• The National Crime Records Bureau (NCRB) has been mandated to report custodial deaths within 24 hours since 1993.
• However, disciplinary actions against erring officials are rare, with only one case reported between 2021-22.
• The National Human Rights Commission (NHRC) weakened the requirement for a judicial magistrate inquiry in cases of custodial deaths, impacting transparency and accountability.
• Scholars emphasize the importance of clear and reliable documentation, enhanced transparency, and accountability in the investigation process to differentiate between pre-existing conditions and those exacerbated by prison conditions.

6. Government Initiatives and Recommendations

• Recognizing their social obligation, the Supreme Court, in a 1996 judgment, outlined inmates' rights to healthcare.
• The Model Prison Manual of 2016 and the Mental Healthcare Act of 2017 emphasized the need for investment in healthcare facilities, mental health units, and training for officers.
• Recommendations include filling critical positions such as Prison Welfare Officers, Probation Officers, Psychologists, and Medical Staff.
• Staff shortages, with a lack of evenly distributed personnel, remain a concern.
• Recommendations also extend to providing inmates with telephones, access to reading materials, and strict checks on items to prevent suicides.

7. Conclusion

• Addressing prison deaths in India demands not only policy and procedural changes but also a shift in public and official mindsets towards prisoners.
• Recognizing prisoners' entitlement to humane treatment, healthcare, and protection is essential.
• Their well-being reflects society's commitment to justice and human rights.
• Urgent and sustained efforts are needed to minimize custodial deaths, ensure transparent investigations, and implement reforms that uphold the dignity and rights of those in custody.