Open Access Research Article
UNDERTRAIL PRISONERS IN INDIA: DELAYED JUCTICE AND PROLONGED INCARCERATION.
Published Paper
Article Details
UNDERTRAIL PRISONERS IN INDIA: DELAYED
JUCTICE AND PROLONGED
INCARCERATION.
PARAG MODI
L.L.M. (Criminal), Amity Law School
Amity University, Rajasthan
=============================================================================
Abstract
This research paper
raised the problem of economic discrimination rooted in the Indian judicial system, which results in the majority of
undertrials being imprisoned due to their failure to pay the bail amount. The
paper questions the judiciary’s failure to implement Section 436A of the
Cr.P.C. and the implementation of right to equality and free legal aid services
in India. The paper also talks about the legal belief of ‘innocent unless
proven guilty’, which seems to be denied to the undertrials. With the help of
statistics, it shows how the bail system is biased towards the rich and the idea of justice
remains unfair, because the poor are not represented properly. The paper
talks about legal aid, police cruelty and torture, and the undignified quality
of life of undertrails, including the failure to realize the difference between
undertrials and convicted criminals. The paper also explores the possible
solutions and recommendations to address the issue of undertrial prisoners in
India, such as speedy trials, effective legal aid, bail reforms, prison
reforms, and alternative modes of dispute resolution.
Table of Contents
Introduction
Undertrial prisoners come under the category
of jail inmates that have been
found responsible for the factors
behind overcrowding in prisons. These voiceless people remain in prison due to pending
trials, which may or may not
lead to conviction. The purpose
of keeping undertrials in custody is to ensure a
fair trial so that they cannot be in a position to influence the witnesses.
Long detention of the undertrials amounts
to a violation of human rights; further,
this unnecessary detention
of the undertrials causes a number of problems for the
people and their relatives who are suffering
due to slow justice delivery.
The reliability of
the judiciary depends upon the delivery of justice to the common people in a
speedy, fair, and economic manner. The Supreme Court and the High Courts have
only appellate jurisdiction in criminal cases. Due to this, the burden of new cases hits the doors of trial and
district courts, and the basic flaw of our criminal justice system, including
the judiciary, seems to be that it is severely loaded against the poor. The
judiciary in India at present is overloaded due to work pressure. The massive
backlog of cases in Indian courts is raising either due to the high rate of arrival of new cases or due to
the high rate of pendency of old cases in courts. The
reasons for this overburden in the judiciary are the huge number of criminal
and civil cases. Pendency, insufficient appointment of judges, insufficient
selection of government counsels, inadequate legislation, indiscriminate
closure of courts, passing of unnecessary adjournments, and additional burden
on courts due to election petitions are also increasing the pendency of cases
in courts. In recent times, there has been a considerable change in the social
view towards prisoners; prisons are no longer considered places for punishment
only but also reformatories. The main problem of the research is that
undertrials are suffering in jails in large numbers.
Undertrials are
those prisoners who are under judicial remand and whose trials are being awaited,
i.e., they are under judicial custody
and supposed to remain in jail until and unless their sentences have been passed by
the court. In some cases, they have
to spend life in prison for a longer
period than the period of imprisonment that would be awarded to them if they
were convicted. Delay in the trial of cases is the dynamic human rights issue
of undertrials. The purpose of keeping undertrials in custody is to ensure a
fair trial so that they cannot be in a position to influence
the witnesses. The aim of the research
is to analyze the
Criminal Administration of Justice's
handling of undertrial prisoners and their rights to a speedy and unbiased
trial.
Hypothesis
Due to a lack of resources like proper
implementation of free legal aid and speedy trial, the judiciary is becoming
incapable of delivering justice and getting biased
towards the rich, which is affecting the rights of the undertrial, who are living unnecessarily in jail and
eagerly waiting for their
trial and justice.
Literature review
According to CRPC Section
436A if there is pendency in an investigations and the finality does not seem to exists and if the prisoner
serves the half period of punishment mentioned for
the alleged crime in the jail than in such a case the undertrial prisoner will be released on a mandatory basis
by issuance of a bail bond with the
sureties but this rule is applicable only in cases where offences are bailable
in nature and death is not the punishment for the offence.
Schedule 7 of Indian Constitution states that prisons
, prisoners , public
order and police comes under the list II ( State list ) addressing the issues
of under-trail prisoners is the responsibility of respective State Governments
in whose jurisdiction the arrest is made.
According
to Senior Advocate Colin Gonslaves if
the order of apex court is being spontaneously followed by the police
authorities then the undertrial prisoners would be surely reduced." the
Supreme court initiates for a process for the sake of reduction of undertrial
prisoners in India .it says that arrest should be made only in case of the
offences undergoing the punishment which includes imprisonment of less than 7
years and which includes the devastated degree of committed crime. But no
arrest are being prevented and the arrest of the person is continued on petty
charges”
Nicolette Parsi’s (Veldkamp 1981) which throw a light on the ill treatment faced by the undertrial prisoners in prison.
the condition of the prisoner
is so
deprived in nature because they are
experiencing 'imprisonment with no
punishment ' this book gives a deep analysis about the negative atmosphere of
the undertrial prisoners in country.
Administration
of criminal justice 1974 by H.S Sandhu gives a detailed summary about the short duration of detentions and its
impact on the jailbirds in the district jail. Study reveals it all about the
basic importance of treatment programme inside the jail and how it impacts the
behaviour of the prisoners. Due to the lack of the implementation of the
welfare programmes, the hatred of the prisoners towards the police authorities,
court in which their trial is going on
and wardens.
Who are undertrails?
Undertrails are the prisoners who are
spending their lives behind the bars
in the name of ongoing police
investigation and waiting for their court trail. Notwithstanding being innocent
until proven guilty, under-trial prisoners regularly face numerous challenges
regarding their living conditions, rights and well-being. This comprehensive research aims to
explore the rights of
undertrial prisoners, their living conditions, laws and provisions, recommendations
for improvement, and important case are lasted to this issue.
Current statistical data of under-trails
·
According to the prisoner
statistic report if India (2021) three out of five under-trail prisoners
surviving behind the bars in India
belongs to Dalit, OBC and Adivasi community.
·
According to national Crime
Records Bureau [NCRB] out of total 5,54,034
prisoners 4,27,165 are under trail which is 76% of the total and there is approx.. 14.9 % increment in
under-trail compare to 2020.
·
The Percentage of under-trail in
District Jails is 51.4%, Central Jails (36.2%) and (10.4%) in Sub-Jails. And
the reason of prolonged detention in prisons are delay in judgment , unnecessary adjournment , backlogs in cases ,
biasness towards rich.
Root Cause of Slow Trails
in India
If there is a proper law prescribed for
the procedure of the trail and bail under Crpc section 436A then why the
undertrials faces such problems?
One of the primary reason for long
pre-trial detention is working process in Bail system. Though the term “Bail”
has not been defined in Cr.p.c. it has classified offences as bailable and non-bailable offence. Though availing of bail is a matter
of right in case of Bailable offence,
most people are unable to avail it due to the onerous financial
conditions; poverty appears to be the main reason for incarceration. A majority
of undertrials [70.6%] are illiterate or semi– literate. Majority of undertrial belongs to socio-economically marginal groups .It is said that Decisions about custody
or release should not be influenced to the detriment of person accused of an
offence by factors such as gender, race, financial conditions or social status.
The underprivileged people generally
find it difficult to secure bail even without sureties because the amount fixed
by the court is so excessive in amount. That is why in many cases the poor are unable to satisfy the police or the court about their solvency for the amount
of the bail and where the bail is with sureties
as is in most cases, it becomes an impossible task for the poor and
underprivileged people to find persons sufficiently solvent to stand as
sureties.
Because of all this minor loopholes
they have to remain in jail until the time their case come up for trial before the court leading
to grave consequences such as:
•
In spite of the fact that assumed innocent,
they are exposed
to mental and actual hardships of jail life,
•
Pre-trial detention disrupts their family’s life and in most cases is economically tragic for the family.
•
It prevents them and their mental condition from contributing to the preparation of their defense.
Rights of Under-trail Prisoners
There
are so many rights prescribed for the prisoners
and under-trails but not
a single one implemented successfully or properly in an effective manner.
Innocent until proven
guilty - a legal maxim which says no one is guilty for any act or offence until or unless they prove guilty by the court of law. But in a
county
like India, the idea of this maxim failed to make place due to the
outside media trail and society pressure.
Right to legal representation - They have the right to legal representatives
and should be delivered with suitable resources for a fair trial and unbiased hearing.
Protection from
cruelty and inhuman treatment - Under-trial prisoners should be protected from any form of
physical or mental abuse and torture which is common in police custody.
Right to a speedy trial - They have the right to a speedy trial within a
reasonable time structure and without unnecessary delay provided under the CRPC
SECTION 309(1)
Right to life – prisoners whether sentenced or under-trail, does
not cease to be human beings and during his spending in jail, he enjoys all his fundamental rights provided and guaranteed by constitution of India including
right to life and
personal liberty. [(2000)
5 SCC 712]
Challenges faced
by undertrial prisoners
Prolonged Detention- One
of the key challenge for undertrial prisoners is prolonged detention. Due to
delays in the judicial procedure, inadequate legal aid, and the backlog
of cases, undertrial prisoners often spend extended
periods in detention, sometimes even exceeding the maximum sentence period they
would have received if found guilty. This can lead to major psychological,
emotional, and social consequences.
Overcrowding- Indian
prisons often suffer from overpopulation in jail, including areas labeled for
undertrial prisoners. Overcrowding contributes to poor living conditions, lack
of privacy, compromised sanitation, and increased risk of illnesses and
diseases. It hampers the well-being and rehabilitation projections of
undertrial prisoners.
Access to Legal Representation- Many undertrial prisoners, particularly from the economically week
backgrounds, face challenges in accessing legal representation. Inadequate
legal aid services and limited financial resources make it difficult for
undertrails to appoint legal counsel. This imbalance of power hampers their
ability to present a strong defense and may lead to unjust outcomes.
Discrimination in Bail System- The bail system in India frequently poses challenges for undertrial
prisoners. Some prisoners or individuals face
problems in secure bail due to financial limitations, lack of social
support, or restrictive bail conditions. This results in prolonged pretrial
detention, disproportionately affecting those who are socio-economically
underprivileged.
Limited Rehabilitation Programs- Undertrial prisoners face a lack of rehabilitation programs aimed at
their restoration into society. Inadequate efforts are made to provide
education, occupational training, and counseling services that can support
their rehabilitation and reduce the likelihood of reoffending.
Vulnerable Population-
Certain groups, such as women, juveniles, and individuals from marginalized communities,
face specific challenges within the undertrial prisoner population. They may
face gender based violence, racist discrimination, lack of specialized
facilities.
IMPORTANT CASE LAWS
Hussainara Khatoon v. Home Secretary, State of Bihar -In this landmark
case, the Supreme Court of India held that the right to a speedy trial is a
fundamental right comes under right to life and personal liberty (under Article
21 of the Indian Constitution). The court highlighted the need to provide legal
aid and expedite trials to prevent undertrial prisoners from languishing in
prisons for prolonged periods.
Supreme Court Legal Aid Committee v. Union of India -The
Supreme Court directed the establishment of legal aid committees at the
national, state and district levels to ensure effective legal representation
for undertrial prisoners who cannot afford their own legal representatives and
court related charges. This case emphasized the importance of providing free
legal aid to indigent and needy prisoners.
Sunil Batra v. Delhi Administration -The Supreme Court held
that undertrial prisoners have a right to reasonable services for communication
with their family, friends, and lawyers. The court recognized the need of
protection of rights and dignity of prisoners during their detention.
Ramlila Maidan Incident -In
this case the Supreme Court held that undertrial prisoners have the right to participate in political rallies,
subject to reasonable
limitations imposed by law. The court
emphasized that undertrial prisoners should not be deprived of their right to
freedom of expression and assembly.
D.K. Basu v. State of West Bengal -This case emphasized the issue of custodial violence and the significance
of protecting the rights of prisoners and undertrail. The court issued guiding
principle to prevent torture, inhuman treatment, and custodial deaths
emphasizing the need for proper safeguards during arrest, detention and
interrogation.
SUGGESTIONS
Prison Infrastructure and Overcrowding-
Construct new prison facilities and expand existing
ones to address
the issue of overcrowding,
Improve living conditions by providing sufficient space, ventilation,
sanitation facilities, and access to clean water. Implement effective
population management strategies to ensure a balance between the capacity of
prisons and the number of inmates.
Healthcare Services-
Increase in the number of medical staff
and provide suitable training to ensure quality healthcare services for prisoners. Enhance
access to essential medicines, medical equipment,
and mental health support within jails. , Establish partnerships with external
healthcare providers and organizations to supplement in house medical services.
Rehabilitation programs-
Develop and implement comprehensive
reintegration programs that address the
specific needs of different categories of prisoners, including education,
counseling, and addiction treatment. Promote partnerships with industries and
businesses to create employment opportunities for released prisoners. Facilitate access to social support networks,
housing assistance, and healthcare services during the
rehabilitation process.
Legal Aid services-
To make legal aid services strong by
increasing the number of legal representatives, legal aid clinics, and support
staff. Improve awareness among prisoners about their legal rights and the
availability of legal aid services through
education and outreach programs. Ensure punctual and effective legal
representation for underprivileged prisoners to ensure a fair trial.
Alternative Measures
to Incarceration-
Explore and promote alternatives to
incarceration for non-violent offenders, such as community service, probation,
diversion programs, and restorative justice practices. Implement risk based
assessments and individualized sentencing to determine the most appropriate
form of punishment or rehabilitation for each offender.
CONCLUSION
In conclusion, the research article on
undertrial prisoners in India sheds light on
the rights, conditions, challenges, and legal framework surrounding this
vulnerable population. It emphasize the importance of understanding their
problems and conditions and the importance of upholding their rights within the criminal justice system.
The article explores the current state
of undertrial prisoners in India, highlighting the alarming statistics and the
challenges they face, such as overcrowding, substandard living conditions,
limited access to legal representation, and delays in the trial process. It
underscores the need for reforms and growth in
areas such as healthcare,
reformative programs, and easy
accessibility to legal aid.
Furthermore, the article emphasizes the role of forensic science in the pursuit of justice for undertrial prisoners. It highlights how forensic
science can aid in establishing guilt or innocence, providing expert testimony,
and contributing to the rehabilitation and reintegration of prisoners.
The article also discusses the
significance of international standards and obligations, as well as the
importance of advocacy and awareness for protecting the human rights of
undertrial prisoners. Finally, the article concludes by highlighting the need
for efforts and initiatives to improve the conditions and treatment of
prisoners in Indian jails. It emphasizes the importance of bail reforms,
strengthening legal aid services, and implementing prison reforms and
infrastructure development. The establishment of a n Innocence Project like
organization is suggested
as a means to rectify
wrongful convictions and ensure justice for the innocent.
Overall, the article serves as a
comprehensive resource that raises awareness about the rights and conditions of
undertrial prisoners in India. It emphasizes the need for systemic reforms, improved access to justice, and a greater focus on rehabilitation and reintegration. By addressing these challenges and
upholding the rights
of undertrial prisoners, India can strive towards a more
just, humane, and equitable criminal justice system.
REFERENCE
Laws and Acts
1. Code of Criminal Procedure, 1973 - The primary
legislation governing criminal procedure in India. Accessible at: http://legislative.gov.in/sites/default/files/A1974- 02.pdf
2. The Constitution of India, 1950 - The supreme law
of India that guarantees fundamental rights and lays down the framework for the
criminal justice system. Accessible at: https://india.gov.in/sites/upload_files/npi/files/coi_part_full.pdf
3. Legal Services Authorities Act, 1987 - The
legislation that provides for the establishment of legal aid services in India.
Accessiblehttp://legalaffairs.gov.in/sites/default/files/The%20Legal%20Services%20A uthorities%20Act%201987.pdf
Books and Publications
1. "Prisoners' Rights in India: A Legal
Study" by Dr. Sandhya Goswami - A comprehensive book that explores the
legal aspects and rights of prisoners in India. Available at: https://www.amazon.in/Prisoners-Rights-India- LegalStudy/dp/8131250712
Government Databases
1. National Crime Records
Bureau (NCRB) - The official
repository of crime statistics
and prison data in India. Accessible at: http://ncrb.gov.in/
2. Ministry of Home Affairs - The government ministry responsible for maintaining law and order, including prisons and
correctional services. Accessible at: https://www.mha.gov.in/
3. Legislative Department, Government of India - The official website
for accessing and downloading Indian legislation.
Accessible at: http://legislative.gov.in/
Websites
1. "National Crime Records
Bureau (NCRB) Prison Statistics India" - Official website
of NCRB: http://ncrb.gov.in/
2. "Supreme Court Legal Aid Committee v. Union of
India, (1994) 6 SCC 731" - Full text available at: https://indiankanoon.org/doc/579616/
3. "DK Basu v. State of West Bengal,
(1997) 1 SCC 416" - Full text available at: https://indiankanoon.org/doc/1475378/
4. "Hussainara Khatoon v. Home Secretary, State
of Bihar, (1979) 3 SCC 428" - Full text available at: https://indiankanoon.org/doc/777911/
5. "Sunil Batra v. Delhi Administration, (1978) 4
SCC 494" - Full text available at: https://indiankanoon.org/doc/24445/
Article Information
UNDERTRAIL PRISONERS IN INDIA: DELAYED JUCTICE AND PROLONGED INCARCERATION.
Authors: PARAG MODI
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/04/04
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.