Jammu and Kashmir Prisons Report 86% Under-trials, Exceeding National Average in India

Srinagar, A recent report by Prison Watch, a Mumbai-based data portal, has revealed that prisons in occupied Jammu and Kashmir have a significantly higher proportion of under-trials compared to the national average in India. In 2022, 86 percent of the prison population in Jammu and Kashmir consisted of under-trials, surpassing the overall Indian average of 76 percent.

According to Kashmir Media Service, the proportion of under-trials in Indian prisons has increased from 66 percent in 2012 to 76 percent in 2022. In the same period, occupied Jammu and Kashmir saw a rise to 86 percent. The report includes data on demographic information, age, duration of confinement, and the nature of the crimes involved.

The share of overall detainees from occupied Jammu and Kashmir also saw a significant increase during this decade. The report attributes this trend primarily to indiscriminate arrests by Indian police, often carried out without proper legal considerations. Additional factors contributing to this situation include limited access to legal assistance and difficulties in meeting bail conditions, which disproportionately affect underprivileged individuals, leading to extended periods in prison without conviction.

The report also highlights that a majority of the under-trials in Indian prisons belong to oppressed caste groups, including the Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC). It points out that caste prejudices and the over-policing of certain communities are key social factors behind the significant presence of marginalized groups in jails.

Notably, the sharpest increase in the proportion of under-trial prisoners was observed in the pandemic year of 2020, when the figure rose from 69 percent to 76 percent. This data underscores the pressing issue of prolonged pre-trial detention in the region, raising concerns about the judicial and law enforcement processes in occupied Jammu and Kashmir and India more broadly.