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The Critical Case Of Prison Overcrowding In India: Causes And Effects




Anushka Sharma, Institute of Law Nirma University Ahmedabad

INTRODUCTION

Prison overcrowding is a severe problem that has been addressed by national and international actors for decades and has plagued modern prisons since the beginning of the nineteenth century.1 The nature of prison overcrowding is complicated to understand because of the complexities involved; on the one hand, quick drops in the jail population surprise criminal justice administrators. While on the other hand, Policies aimed at reducing prison overcrowding face difficulties in introducing and explaining changes in sentencing practises or parole decision-making to a public that demands increasingly more security and frequently equate security with long prison sentences, incapacitation, and restrictive parole. Prison overcrowding can occur as a consequence of a slow and steady long-term increase in the number of prisoners, resulting in “chronic overcrowding,” or as a result of a rapid upward movement, such as in the aftermath of collective violence or detaining perpetrators of severe crimes, as in Rwanda.

Criminal justice systems may be affected by prison overcrowding for short periods and manage to deal with it quickly; in some countries, overcrowding appears as an ebb-and-flow phenomenon;3 But in India, overcrowding appears to be a long-term problem with no effective, long-term solutions. Thus, overcrowding prevention strategies must be thoroughly evaluated, and the solution must be long-term.4 The search for a long-term influence leads to observational research and the availability of accurate data on many areas of criminal justice and correctional facilities; thus, research communities play an essential role in finding an appropriate solution to the current problem.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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