Tihar Jail’s Challenges, Changes, and the Road Ahead

Introduction.

India’s prison system stands at a crossroads, caught between overcrowded cells and the promise of reform. Nowhere is this crisis more evident than in Delhi’s Tihar Jail, one of the largest prison complexes in the world, where undertrials make up nearly 90% of inmates. With prisons operating at almost double their capacity, crime thrives behind bars gangs run extortion rackets, smuggled phones fuel organised crime, and violence remains a daily reality. Despite judicial interventions and government pledges, systemic failures deny justice to those awaiting trial. As legal battles and policy reforms push for change, the real challenge lies in transforming India’s prisons from warehouses of suffering into centres of rehabilitation and justice.

The recent SonyLIV series *Black Warrant*, based on the book by Sunil Gupta and Sunetra Choudhury, sheds light on the grim reality of India's prison system, particularly Tihar Jail. The show, inspired by real-life accounts, exposes the unchecked violence, gang rivalries, and corruption that thrive behind bars. With incidents like the recent gang clash in Tihar, where an inmate was brutally attacked, the series feels eerily relevant. It highlights why India's prisons frequently make headlines not just for overcrowding and judicial delays but for the systemic failures that turn them into hubs of crime rather than spaces of rehabilitation.

Structure and Expansion of the Tihar Jail.

The Delhi Prisons system is structured into three main complexes. The Tihar Complex is the largest, consisting of nine central prisons. The Rohini Complex houses a single central prison, while the Mandoli Complex includes six central prisons.

Tihar Jail, established in 1958, has expanded significantly to accommodate the growing inmate population. Initially designed for 1,273 prisoners, it saw major expansions over the decades. In 1980, a District Jail was added for 740 inmates, which was later upgraded to Central Jail No. 4 in 1990. By 1984-85, the original Central Jail was split into three units, and further expansions continued with Central Jails No. 5 (for adolescents), No. 6 (for women), and No. 7.

Between 2000 and 2017, additional jails were constructed, including Central Jails No. 8 and 9, the District Jail at Rohini, and the Mandoli Jail Complex, which houses Central Jails No. 11 to 16, adding space for approximately 3,500 prisoners. These expansions aimed to decongest Tihar and improve correctional facilities, yet overcrowding remains a persistent challenge.

Challenges and Systemic Issues in Tihar Jail.

Overcrowding.

According to an RTI response from the office of the Director General of Prisons, Tihar, The undertrial population constitutes approximately 90.66% of the total inmate population, exacerbating the overcrowding problem. “The current jail population is around 20,500 inmates, whereas the sanctioned strength is approximately 10,500. Ninety per cent of the inmates are undertrials, and only 10 per cent of them are convicts. We have to produce approximately 10 per cent of the population in the court daily. This is very challenging,” said Arvind Kumar, PRO of Tihar Jail, as of 2023. According to the government, between 2016 and 2021, the number of undertrial prisoners has increased by 45.8 per cent.

Crimes

Gangsters inside Tihar Jail continue operating criminal networks, using smuggled mobile phones to run extortion rackets and coordinate murders. Recent investigations into high-profile killings, including Haryana INLD chief Nafe Singh Rathee’s murder, led police back to Tihar. The prison has also witnessed brutal inmate killings, like Sunil Tajpuria's murder, caught on CCTV. Despite measures, violence persists, with gangs exploiting prison weaknesses. Authorities struggle to curb mobile phone access, which facilitates crime.

Instances:

1. Murder of Tillu Tajpuriya (2023) – A high-profile gang killing inside the prison.
2. Gang Clash on June 5, 2024 – Rival gang members attacked and stabbed inmate Hitesh, leaving him seriously injured.
3. Previous Gang-Related Clashes – Multiple incidents of violence despite strict prison security.

Implications:

• Security Lapses: Repeated violent incidents expose serious flaws in prison security.
• Gang Dominance: Tihar Jail remains a battleground for gang rivalries, undermining law enforcement.
• Judicial & Policy Concerns: Highlights the need for stricter inmate monitoring, intelligence gathering, and legal reforms to curb organized crime within prisons.

Reforming India's Prison System.

India’s overcrowded prisons, with 77.2% undertrials, highlight the urgent need for reform. While the government’s pledge to expedite releases is a step forward, systemic inefficiencies persist. Judicial delays, strict bail conditions, and inadequate prison infrastructure worsen the crisis. With 69.8% of inmates below the poverty line and case resolutions averaging 3.7 years, justice remains inaccessible to many. The 2024-25 budget allocates ₹2,675 crore for reforms, but effective implementation is key. Beyond decongestion, India must shift from punitive to rehabilitative approaches, ensuring prisons serve as centres of reform, not prolonged detention.

Supreme Court’s Proposed Prison Reforms:

The Supreme Court Committee on Prison Reforms, led by former Justice Amitava Roy, proposed significant changes to address the challenges in India's prison system. These recommendations aim to improve prison conditions, prevent criminal networking, and uphold prisoners' rights.

1. Segregation of Inmates

Mandatory separation of undertrials, convicts, and first-time offenders within prisons, during court appearances, and hospital visits.This measure aims to prevent criminal networking and ensure fair treatment of first-time offenders.

2. Reducing Overcrowding

Fast-track courts for petty offences and long-pending cases to expedite justice. District and session judges to review cases where:Undertrials have been in custody for over a year in sessions triable cases. Undertrials have been in custody for more than six months in magistrate triable cases. These steps aim to ensure timely justice and reduce unnecessary incarceration.

3. Welfare of Transgender Inmates

Designated officers to handle complaints from transgender inmates. Implementation of welfare schemes, which currently remain limited across states and Union Territories.

4. Suicide Prevention Measures

Introduction of suicide-resistant cells using collapsible materials to prevent self-harm. Enhanced monitoring and mental health support for vulnerable inmates.

Legal Aid and Protection of Prisoner’s Rights:

Over the years, Indian courts have played a crucial role in safeguarding the rights of prisoners and improving prison conditions. Several landmark judgments have set important precedents for the treatment of inmates and prison administration.

Landmark Cases

1. Sunil Batra v. Delhi Administration (1978) – Affirmed that prisoners retain fundamental rights and must be protected from custodial violence. This led to stricter regulations on solitary confinement and better monitoring of prison conditions.
   
   
2. Madhav Hoskot v. State of Maharashtra (1978) – Emphasized free legal aid for prisoners, prompting reforms to ensure access to lawyers and fair trials.
   
   
3. Sheela Barse v. State of Maharashtra (1983) – Highlighted the need for better conditions for female inmates, leading to separate facilities and improved healthcare services.

Conclusion.

India’s prison crisis, driven by overcrowding and delayed justice, highlights the urgent need for systemic reform. With undertrials forming the majority of inmates, poor legal aid, and rising prison violence, the system remains more punitive than rehabilitative. While judicial reforms, fast-track courts, and modernization efforts offer hope, their success depends on effective implementation. True change requires easing bail conditions, improving infrastructure, and ensuring timely trials, especially for marginalized groups. Prisons must transform from punishment centres into spaces of rehabilitation, upholding justice and human dignity as envisioned by the Constitution.

References.

1. Tihar Prisons Official Website – Capacity and Population Statistics (2022). Tihar Prisons
2. Times of India – How Gangsters Operate from Tihar Jail. Times of India
3. India TV News – Gang War: Delhi Prisoner Stabbed Inside Tihar Jail. India TV News
4. The Hindu – Delhi HC Rejects Bail Plea in Ankit Gujjar Custodial Death Case. The Hindu
5. NDTV – Ankit Gujjar Death in Tihar Jail: A Case of Custodial Violence. NDTV
6. Counter Currents – Rising Overcrowding and Awaiting Justice in Indian Prisons. Counter Currents
7. iPleaders Blog – Rights of Prisoners and Major Judgments. iPleaders
8. New Indian Express – Judicial Reforms and Fast-Track Courts for Undertrials. New Indian Express
9. Femina – How Dr. Kiran Bedi Transformed Tihar Jail. Femina

10. The Better India – Project Second Chance: Rehabilitation of Prisoners. The Better India

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