Introduction
Undertrial prisoners are those people who are facing trial in any court and during such trial are kept in judicial custody in prison.
In 2020, a staggering 76% of all prison inmates were undertrials, with 68% being either illiterate or school dropouts. States like Delhi, Jammu and Kashmir, Bihar, Punjab, and Odisha exhibited high ratios of undertrials in jails.
Key concerns surround resourceless prisoners who, due to economic constraints or fear of social stigma, struggle to secure bail. Prisons often witness violence, abuses, and overcrowding, contributing to health problems like the spread of diseases such as Tuberculosis. Families of undertrials face hardships, descending into poverty, social stigma, and exploitation.
Constitutional protections exist, designating ‘prisons/persons detained therein’ as a State subject. Article 39A emphasizes equal justice opportunities, urging the state to provide free legal aid, while Article 21 safeguards personal liberty. Despite these constitutional provisions, the persisting challenges highlight the need for comprehensive reforms to ensure a fair and just legal system for undertrials in India.
Provisions for the under-trial prisoners
Article 21 of the Indian Constitution ensures the proper personal liberty and thereby prohibits any inhuman, merciless or degrading treatment to a person whether or not or not he is a countrywide or foreigner. Any violation of this right brings the availability of Article 14 of the Indian Constitution which includes the right to equality and equal protection of law.
The Jail Act, of 1894 additionally on an individual basis deals with the query of cruelty to prisoners. If any wrong is committed by the prisoners, the jail administration is answerable for that. Any torture dedicated through the police officials on the prisoners attracts the eye of all the lawmakers and of the judiciary.
● Presumption of Innocence
One of the Fundamental principles of the remedy of undertrial prisoners is the presumption of innocence until proven guilty. Article 21 of the Constitution of India, a cornerstone of character rights, guarantees the right to life and personal liberty. The Supreme Court, in the case of Hussainara Khatoon v. Home Secretary, State of Bihar (1979), emphasised that the proper to a speedy trial is inherent to the right to life and private liberty.
● Right to Legal Aid
Undertrial prisoners have the right to legal representation, a crucial issue to ensure a fair trial. The landmark case of Gideon v. Wainwright stimulated the incorporation of this right into Indian jurisprudence. In M.H. Hoskot v. State of Maharashtra (1978), the Supreme Court declared that the right to free legal aid is an essential element of a fair trial, reinforcing the precept that justice should not be denied due to lack of legal representation.
● Preventive Detention and Bail
While preventive detention is a measure to keep public order, it needs to be balanced with the rights of the accused. Article 22(1) of the Constitution safeguards people from arbitrary arrest, declaring that a person arrested has to be informed of the grounds of arrest. Further, the right to bail is enshrined in Article 21, permitting undertrial prisoners the possibility for launch pending trial until there are compelling reasons for their endured detention.
● Overcrowding and Living Conditions
Overcrowded prisons pose a massive challenge to respecting the rights of undertrial prisoners. In Hussainara Khatoon, the Supreme Court highlighted the deplorable conditions of prisons, emphasising the obligation of the country to offer humane situations of detention. The judiciary has constantly intervened to address issues of overcrowding, emphasising the need to treat prisoners with dignity.
● Right Against Torture
Undertrial prisoners are entitled to safety against torture and inhuman treatment below Article 21. The Supreme Court, in D.K. Basu v. State of West Bengal (1997), hooked up tips to prevent custodial violence and ensure the dignity of the people in custody. These guidelines emphasise the significance of treating prisoners with humanity and respect for his or her inherent rights.
● Rehabilitation and Reformation
The goal of the legal system extends beyond punishment; it includes rehabilitation and reformation. In Sunil Batra v. Delhi Administration (1978), the Supreme Court held that prisoners preserve their fundamental rights, and any infringement ought to be according to the regulation. This reinforces the notion that even undertrial prisoners are entitled to an environment that promotes their rehabilitation.
Previous incidents related to violation of rights of under-trial prisoners
The condition of undertrial prisoners in India has been a concern due to issues such as overcrowded prisons, delays in the legal process, and challenges in ensuring their rights. Efforts are ongoing to address these issues and improve the situation for undertrial prisoners. According to data compiled by the World Prison Brief, India now has the sixth-highest percentage of pre-trial detainees worldwide. The five nations that do the worst relative to India are Bangladesh, Liechtenstein, San Marino, Haiti, and Gabon.
The Article 21 of the Indian constitution states that no person shall be deprived of his life or liberty except by the due process of law yet the NCRB statistics shows a rapid growth in the number of prisoners dying in prisons across the country awaiting their trial. The situation is such that we don’t give any importance to personal liberties. There have been many cases where a person was supposed to be in jail only for one year but ended up being in jail for four years.
According to NCRB (National Crime Report Bureau), over the last 10 decades, the number of undertrials in jails has increased constantly and peaked in 2021.
In 2020, about 76% of all prison inmates in the country were undertrials, of which about 68% were either illiterate or school dropouts. Delhi and Jammu and Kashmir (J&K) were found to have the highest ratio of undertrials in jails at 91%, followed by Bihar and Punjab at 85%, and Odisha at 83%.
About 27% of all undertrials were found to be illiterate, and 41% had dropped out before Classes.
Suggestive measures
Every individual deserves access to a fair trial and basic human rights, regardless of their circumstances.
In India, the emphasis must be on preserving the fundamental principles of human rights and justice while prioritizing the well-being and legal rights of undertrial prisoners. This objective can be accomplished using different methods:
When it comes to undertrial prisoners, lengthy detention periods without a fair trial are a major concern. To tackle this, measures such as maximizing the number of courts and judges, as well as utilizing technology for streamlined case management can drastically cut down time spent in pre-trial detention. Speedy trials are key to preserving the rights of these prisoners.
Legal aid access is a pressing issue; without it, undertrials struggle to defend themselves. The legal system is complex, and representation is crucial. The solution is to bolster legal aid services and guarantee counsel for every undertrial prisoners who struggles to find an advocate for their cases. By doing so, we protect their rights and ensure a just trial.
Successful reintegration into society can pose a great challenge for undertrial prisoners due to mental health and rehabilitation concerns. Services like vocational training, counselling, and education offered within the confines of the prison can provide them with the necessary skills and resources to overcome such challenges. Ensuring human rights for all inmates, especially those awaiting trial, by providing sufficient healthcare, hygienic facilities, wholesome meals, and clean water is a crucial component of humane prison living conditions.
Dividing undertrial prisoners from those who have already been found guilty helps keep off the evil influence of hardcore criminals and makes the environment safer for all inmates.
Regular reviewing of cases of undertrial prisoners can help identify people who can be granted bail or under other legal provisions. Therefore, we may avoid unnecessary detention for those who are not dangerous or could not abscond.
Electronic monitoring systems like ankle bracelets can be used to supervise low-risk undertrial prisoners. They can thus wait for trial in better conditions e.g. being at home, while their presence during any legal hearing is confirmed.
By doing this, India’s justice system will be able to ensure equal treatment, and speedy trial and protect the rights of the undertrial prisoners hence adhering to the principles of equity and human rights.
Conclusion
In conclusion, it’s crucial to fix the problems faced by people waiting for trial in India. The Constitution promises to protect personal freedom and prevent mistreatment, but many undertrial prisoners still face challenges. We need changes to make things better.
First of all, courts should operate more quickly, and technology can facilitate this. People won’t have to wait a long period for their trial in this way. For people to comprehend what is going on and be able to defend themselves, they should everyone have access to legal support.
Inside prisons, we should focus on helping undertrial prisoners get ready to go back to normal life. This means teaching them useful skills and giving them support. Living conditions in prisons should be humane, with good healthcare and basic needs met.
It’s also important to keep undertrial prisoners separate from those who are already convicted to make prisons safer. Regularly checking undertrial cases can help release those who don’t need to stay in prison.
India’s legal system can speed up trials, ensure equal treatment for all, and safeguard the rights of detainees awaiting trial by implementing these changes. In this way, we abide by the laws and build a society that is more compassionate and just, giving everyone an equal opportunity at success.