Utilise funds to help poor prisoners secure bail, pay fines: MHA to states, UTs

New Delhi: The Ministry of Home Affairs (MHA) has shot off a second letter to states and union territories in seven months asking them to utilise funds available for financially helping poor prisoners who are forced to remain in jail due to their inability to pay fines or bail surety.

The letter on June 3 asked them to make "concerted efforts" in identifying eligible prisoners as per the guidelines for the 'Support to Poor Prisoners' Scheme, which was launched in May 2023. 

"...the effective implementation of the scheme can not only help in mitigating the problems faced by poor prisoners but will also contribute towards reducing overcrowding prisons," the letter by MHA Director (Prison Reforms) Arun Sobti said.

As per the scheme, states and union territories were to form an 'Empowered Committee' in each district and an 'Oversight Committee' at the state level for its implementation. The letter said the MHA has consistently emphasised the importance of the scheme, highlighting its potential to bring relief to poor prisoners who remain incarcerated due to financial constraints.

The National Crime Records Bureau (NCRB) has been designated as the Central Nodal Agency to implement the scheme. The MHA has made a provision for Rs 20 crore annually, which the states and union territories can make use of for providing financial assistance to poor prisoners to seek release from jail.

"Despite repeated follow-up, funds have remained unutilised as many states/UTs have not identified eligible prisoners and have not provided the benefit of the scheme to them. While a few states/UTs have utilised the funds, the overall implementation of the scheme by states/UTs has not been very encouraging," Sobti said in the June 3 letter.

In the October 2024 letter, Sobti had found fault with states and union territories for "not taking full advantage" of the scheme and said the MHA is of the view that its "repeated persuasion" has not yielded much results.

According to the MHA, a convicted person can get up to Rs 25,000 if the case is cleared by District Empowered Committee and if any amount above this, it will be decided by state-level Oversight Committee.

Similarly, an undertrial prisoner can get up to Rs 40,000 from District Level Empowered Committee and any amount above that has to be cleared by the state-level oversight committee.

Home Minister Amit Shah has said in a letter in May last year to all states and union territories that the scheme would help such poor prisoners to come out of the jail and join the mainstream once again as an able citizen of the society.

He had said that the union government would provide financial assistance through the state governments to provide relief to those poor prisoners who are not released from jail due to financial constraints.