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| Photo Credit: Thulasi Kakkat

The Union government has expressed concern over States/Union Territories not utilising funds allocated for providing relief to poor prisoners who are unable to get bail or release from prison due to financial constraints.

In an advisory sent to Home Secretaries/Heads of Prisons, the Ministry of Home Affairs (MHA) said that during several video conferences held with the States/UTs it had consistently emphasised on the importance of the scheme, highlighting its potential to bring relief to poor prisoners who remained incarcerated due to financial problems.

Funds were made available with the Central Nodal Agency for the authorities to drawn money for providing benefit to eligible prisoners. 

“However, despite repeated follow-up, funds have remained un utilised as many States/UTs have not identified eligible prisoners and have not provided the benefit of the scheme to them,” the MHA said. 

Implementation of the scheme not encouraging 

While a few States/UTs had  utilised the funds, the overall implementation of the scheme was not very encouraging.

The ‘Support to Poor Prisoners’ Scheme’ was introduced in May, 2023, and detailed guidelines and Standard Operating Procedure (SOP) for the implementation of the programme were issued.

As part of the guidelines, States/UTs were told to constitute an ‘Empowered Committee’ in each district of the State and an ‘Oversight Committee’ at the State headquarter level. These committees were responsible for sanctioning financial aid to eligible prisoners.

Reduce overcrowding in prisons 

“It may be appreciated that effective implementation of the scheme would not only help in mitigating the problems faced by poor prisoners but will also contribute towards reducing overcrowding in prisons,” the MHA said.

Going by the SOP, if an undertrial prisoner is not released from the jail within a week after bail is granted, the jail authority would inform Secretary, District Legal Services Authority (DLSA), who would inquire whether the prisoner was not in a position to furnish financial surety for securing bail. The authority would place such cases before the District Level Empowered Committee every two-three weeks. 

After examination of such cases, if the Empowered Committee would recommend relief under the scheme to the prisoner up to ₹40,000 per case.

However, the benefit would not be available to persons who are accused of offences under Prevention of Corruption Act, Prevention of Money Laundering Act, Narcotic Drugs and Psychotropic Substances Act, Unlawful Activities Prevention Act or any other Act or provisions, that may be specified later.