SC takes suo motu note of overcrowding in prisons, seeks info from all states, UTs

New Delhi: The Supreme Court on Monday took suo motu cognisance of overcrowding of prisons across the country and said it is difficult for jail inmates to maintain social distancing to prevent the spread of coronavirus, which has been declared as pandemic by the World Health Organization.

The top court noted that if prompt measures are not taken, the situation might worsen in India, which has so far reported 114 positive cases.

Expressing concern over the overcrowding of prisons, the top court said that there are 1,339 prisons in this country housing approximately 4,66,084 inmates.

Quoting a report of the National Crime Records Bureau (NCRB), it said the occupancy rate of Indian prisons is at 117.6 per cent, and in states such as Uttar Pradesh and Sikkim, the occupancy rate is as high as 176.5 per cent and 157.3 per cent respectively.

A bench of Chief Justice S A Bobde and Justice L Nageswara Rao said that like most other viral diseases, the susceptibility of COVID-19 is greater in overcrowded places, mass gatherings and studies indicate that contagious viruses such as COVID-19 proliferate in closed spaces such as prisons.

"Studies also establish that prison inmates are highly prone to contagious viruses. The rate of ingress and egress in prisons is very high, especially since persons (accused, convicts, detenues etc.) are brought to the prisons on a daily basis," it said.

The top court said that several prison staff enter the prisons regularly, and so do visitors and lawyers and therefore, there is a high risk of transmission of COVID-19 to the prison inmates.

"For the reasons...our prisons can become fertile breeding grounds for incubation of COVID-19. We are of the opinion that there is an imminent need to take steps on an urgent basis to prevent the contagion of COVID-19 virus in our prisons. If prisoners are tested positive for the COVID-19 virus, immediate measures have to be taken for their quarantining and medical treatment," it said.

The top court added that some state governments and their Departments of Prisons have already taken preventive measures, while some states are yet to take such steps. agencies