West Bengal's correctional facilities are currently housing the highest number of foreign prisoners in India, according to the latest "Prison Statistics India 2023" report released by the National Crime Records Bureau (NCRB). The report, which highlights several critical issues within the Indian prison system, indicates that West Bengal accounts for 2,508 of the country's 6,956 foreign prisoners, which is approximately 36% of the total.

Of these 2,508 foreign inmates in West Bengal, 796 have been convicted, constituting 53.1% of all foreign convicts in India, while 1,499 are under trial. This places a significant burden on the state, far exceeding the numbers in Maharashtra (773), Delhi (751), and Uttar Pradesh (481). The majority (89%) of these foreign detainees in West Bengal are prosecuted for illegally entering India, with many being from neighboring Bangladesh.

The high number of foreign prisoners, primarily from Bangladesh, can be attributed to West Bengal's extensive border with the country. This proximity leads to a greater number of individuals being apprehended for illegal border crossings. The NCRB data indicates that Bangladeshi nationals comprise the largest group of foreign convicts in Indian jails, accounting for 59.4%.

This situation presents several challenges for West Bengal, including providing consular access, translation services, and legal aid to the foreign prisoners. The state's prisons are already facing overcrowding, with an occupancy rate of 120% in 2023. This strain is further exacerbated by the disproportionately high number of foreign inmates. District prisons in Bengal are operating at 158.5% of their sanctioned strength, while sub-jails are at 176.8% occupancy. Even special jails, designed for long-term confinement, are running at 197.8% capacity.

The overcrowding also affects women's facilities. West Bengal's only women's prison recorded an occupancy rate of 110.2% in 2023, adding pressure on services for women inmates and children living with them in custody.

In addition to accommodation challenges, the logistics of managing such a large prison population are immense. In 2023, inmates were escorted to courts 410,694 times, and hospital transfers reached 56,507, placing a considerable strain on security personnel and resources. Jail officials express concern that these demands divert resources away from rehabilitation and reform programs.

The rise in the number of undertrials in the country's prisons has been attributed to factors such as the inability to afford legal counsel, the absence of jurisdictional benches, and overburdened trial courts. The percentage of foreign prisoners out of total prisoners has decreased from 1.1% in 2019 to 1% in 2020. However, the total numbers of foreign inmates in Indian prisons increased by 10.7% from 6,283 in 2022 to 6,956 in 2023.

Experts are urging the West Bengal state government to implement urgent reforms to address the overcrowding and improve the conditions within its prisons. These reforms may include increasing capacity, expediting trials, and improving access to legal aid for foreign prisoners.