12th March, 2003
Ministry of Home Affairs  


PROLONGED STAY OF WOMEN IN JAILS


RAJYA SABHA

The Rajya Sabha was told that there were 9089 women prisoners including foreign women prisoners in jails in the country at the end of the year 2000. Slow process of trial is one of the major factors for prolonged stay of women in jails. The intervention made to improve the situation in brief are as under:

The Code of Criminal Procedure (Amendment) Bill, 1994 introduced in the Rajya Sabha on 9th May, 1994 contains, inter-alia, a proposal to insert a new section namely; section 438 A in the code of Criminal Procedure, 1973 to provide that where an under-trial prisoner other than the one accused of an offence for which death has been prescribed as one of the punishments, has been under detention for a period extending to one-half of the maximum period of imprisonment provided for the alleged offence, he should be released on personal bond, with or without sureties. It is also proposed to provide that in no case will an under trial prisoner be detained beyond the maximum period of imprisonment for which he can be convicted for the alleged offence.

The Minister of State for Home, Shri I.D. Swami said the Central Government have also sanctioned a scheme of setting up 1734 Fast Track Courts for disposing off long pending cases and other cases involved under trials on priority. The Chief Justice of India, wrote a letter on the 29th November, 1999 to all the Chief Justices of the High Courts suggesting that every Chief Metropolitan Magistrate or the Chief Judicial Magistrate of the area, in which a District jails falls, may hold his court once or twice in a month in the jail to take up the cases of those under trial prisoners who are involved in petty offences.

He said State Governments construct jails including exclusive jails for women prisoners according to their requirements and resources. Separate jails for women exist in Andhra Pradesh (Hyderabad and Rajamundary), Bihar (Bhagalpur), Kerala (Thriuvananthapuram), Orissa (Sambalpur), Punjab (Lundhiana), Rajasthan (Jaipur), Sikkim (Gangtok), Tamil Nadu (Trichy and Vellor), Tripura (Agartala), Uttar Pradesh (Lucknow), West Bengal (Purulia) and Delhi. Where separate jails are not available for women prisoners, separate enclosures are provided for them.