The Gujarat State Legal Services Authority (GSLSA) has introduced a series of Standard Operating Procedures (SOPs) aimed at advancing prison reforms across the state. These measures include establishing Legal Aid Clinics in all prisons, curbing unnecessary arrests, improving mental health support for inmates, offering counselling in Juvenile Justice Homes and assisting inmates with remission and rehabilitation. This initiative, outlined in a recent GSLSA report, represents India’s first institutional approach to permanent prison reform.
The report, released on October 24, highlights the critical need for these reforms as Gujarat’s prisons are operating at 119% of their capacity. Among the most crowded is Godhra sub-jail, with a staggering 191% occupancy. Notably, this facility was also the site of the controversial early release of 11 convicts in the Bilkis Bano case in 2022, a decision later overturned by the Supreme Court, returning the convicts to serve their life sentences.
One concerning aspect detailed in the report is the effect on young inmates held under the Protection of Children from Sexual Offences (POCSO) Act, who, when placed alongside hardened criminals, experience what the report describes as “negative vibes.” The report also addresses the issue of delays in remission processing, which leaves some inmates languishing for extended periods despite eligibility for release.
Gujarat High Court Chief Justice Sunita Agrawal, chief patron of GSLSA, emphasised the importance of a holistic approach to inmate welfare, stating, “Increasing the capacity of jails is necessary, but immediate attention is needed for the comprehensive welfare of inmates.” Following her inspection of Sabarmati Central Jail in Ahmedabad in July, she called for expanded infrastructure and enhanced support for inmates.
The SOPs encourage quality legal aid for disadvantaged inmates, prompt remission applications, and effective rehabilitation support upon release. These directives will be implemented across the state by all District Legal Services Authorities (DLSAs), guided by GSLSA.
Principal District and Sessions Judge R.A. Trivedi, GSLSA Member Secretary, explained, “The Honourable Chief Justice’s vision is to institutionalise prison reforms, ensuring they are not dependent on individual efforts or limited to specific facilities.”
The report reveals that 19 of the state’s 29 prisons are overcapacity. While Gondal Sub Jail operates at full capacity, others like Junagadh District Prison are filled at 188%, with 498 inmates despite a capacity of 265. Among Gujarat’s central prisons, only Lajpore Central Prison in Surat, at 94% occupancy, operates below capacity. Conversely, Rajkot Central Prison is at 174%, Vadodara Central Prison at 142%, and Ahmedabad’s Sabarmati Central Prison at 129%.
Overcrowding primarily affects male inmates, with 16,187 men occupying facilities intended for 12,896, creating a 125.5% overcapacity. Women’s sections, however, hold 550 inmates against a capacity of 1,169, or just 47%.
Of the 16,737 inmates in the state’s jails, 68.5%, or 11,475 individuals, are undertrial prisoners. The remainder are convicted inmates, numbering 5,262. Judge Trivedi highlighted the impact of prolonged incarceration on mental health, noting its contribution to recidivism and stating, “The Supreme Court has consistently advocated for enhanced mental health support in jails.” GSLSA has therefore collaborated with Rashtriya Raksha University (RRU) to establish psychosocial care centres in four central prisons, with plans to extend these services to juvenile justice centres, such as the one in Mehsana, to aid in rehabilitation.
The report raises the need for effective legal assistance for undertrial prisoners to prevent feelings of isolation that may lead to habitual criminal behaviour. Addressing the challenges facing inmates, particularly those unable to afford legal defence, GSLSA seeks to ensure timely appeals and remission applications are filed without procedural delays.
Additional challenges include the wellbeing of inmates’ families, access to education for their children, and vocational training to mitigate the socioeconomic impacts of incarceration. Judge Trivedi shared GSLSA’s plan to establish Legal Aid Clinics in all prisons to assist inmates and their families. Each clinic will have a paralegal volunteer who will liaise with the family to address any legal needs, ensuring that imprisonment does not disrupt family stability.
This report also shows an upward trend in legal aid at the remand stage over the past three years, with more detainees securing bail. However, pre-arrest legal assistance has seen a decline, which GSLSA aims to address to prevent preventable incarcerations. The report also highlights the precarious situation of women inmates with young children, as well as ailing and elderly inmates who may need medical attention but lack temporary bail provisions.
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