Introduction
- Undertrial prisoners make up a significant portion of India’s prison population, highlighting deep-rooted challenges in the country’s judicial and administrative systems.
- Union Home Minister Amit Shah’s recent appeal to expedite the release of undertrial prisoners who have served over one-third of their maximum prescribed sentence underscores the urgency of reform.
- With over 75% of prison inmates being undertrials, it is crucial to examine their plight, the systemic barriers they face, and the necessary measures to create a more equitable justice system.
The State of Undertrial Prisoners in India
- Overwhelming Numbers:
- According to the NCRB Prison Statistics India 2022, undertrials account for 75.8% (4,34,302) of the 5,73,220 total prison population.
- Women undertrials form 76.33% (18,146) of the 23,772 total women prisoners.
- Shockingly, 8.6% of undertrials have been in prison for over three years, classified as long-term undertrials.
- Impact of Overcrowding: Overcrowding leads to deteriorating living conditions, heightened vulnerability to violence, and a lack of access to adequate legal and medical facilities.
Bail Provisions Under the BNSS, 2023
- The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 introduces new bail provisions, building on earlier frameworks like Section 436A of the Code of Criminal Procedure (CrPC), 1973.
- Standards for Bail: Undertrials charged with crimes not punishable by death or life imprisonment can secure bail after serving half the maximum sentence for their alleged offense. First-time offenders, with no prior convictions, are eligible for bail after serving one-third of the sentence.
- Exemptions: This provision does not apply to individuals facing charges in multiple cases or those under ongoing investigation or trial in other cases.
- Role of Jail Authorities: Jail superintendents are mandated to file applications with courts for the release of eligible prisoners under Section 479, ensuring timely action.
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Constitutional and Legal Safeguards for Undertrials
- Constitutional Protections:
- Article 21: Guarantees the right to life and liberty, ensuring no one is detained without lawful procedures.
- Article 22: Recognizes the right of undertrials to consult legal practitioners of their choice (State of Madhya Pradesh vs. Shobharam, 1966).
- Article 39A: Mandates the state to provide free legal aid to ensure justice is not denied due to economic constraints.
- Judicial Precedents:
- In Re: Inhuman conditions in 1382 prisons, the Supreme Court directed the retrospective application of Section 479 of the BNSS for eligible prisoners, emphasizing the identification and release of such individuals by state and union territories.
- International Standards:
- The Universal Declaration of Human Rights (UDHR, 1948) presumes innocence until proven guilty.
- The Nelson Mandela Rules advocate for humane treatment of prisoners, including those awaiting trial.
Why Are Undertrial Numbers So High?
- Judicial Backlog: India has only 21 judges per million population, far below the Law Commission’s recommendation of 50. This shortage contributes to over 4.5 crore pending cases, leading to prolonged incarceration for undertrials.
- Socio-Economic Inequalities: A majority of undertrials belong to marginalized communities, often lacking financial resources to secure bail or access effective legal aid.
- Flaws in the Arrest and Bail System: The 268th Law Commission Report highlighted that 60% of arrests were unnecessary, with the poor disproportionately affected due to their inability to pay bail bonds or provide sureties.
- Delays in Investigations: India’s police-to-population ratio of 137 per lakh people falls below the UN-recommended 222, leading to slow investigations and trial delays.
Challenges Faced by Undertrials
- Prison Violence: Overcrowded prisons create conditions conducive to violence, including physical abuse, group riots, and systemic exploitation of vulnerable inmates.
- The NCRB Prison Statistics India 2022 reported over 300 incidents of violence in prisons.
- In the 2019 Bhondsi Jail incident (Haryana), a riot involving over 500 inmates was sparked by overcrowding and poor living conditions.
- A report by the Commonwealth Human Rights Initiative (CHRI) highlighted that overcrowding increases inmate conflicts, leading to physical and psychological harm.
- Criminalization in Prisons: The lack of classification methods results in first-time or petty offenders being housed with hardened criminals, increasing their risk of negative influence and recidivism.
- In Bihar, studies found that young offenders, often jailed for minor theft, were radicalized by seasoned criminals during incarceration.
- The NCRB 2021 report showed that 18.2% of undertrials were accused of petty crimes but were exposed to serious offenders due to shared facilities.
- The Justice Mulla Committee (1983) emphasized the need for scientific classification to avoid the criminalization of vulnerable undertrials.
- Health Concerns : Overcrowded conditions lead to inadequate sanitation, malnutrition, and a lack of medical facilities, making undertrials vulnerable to health crises.
- The NCRB Prison Statistics 2022 revealed a 14% rise in deaths in custody due to natural causes, largely linked to inadequate medical care and overcrowding.
- During the COVID-19 pandemic, over 2,000 prisoners in Maharashtra’s jails tested positive due to cramped conditions.
- An NHRC report found that 80% of prisons lacked basic hygiene and sanitation facilities, disproportionately affecting undertrials.
- Mental Health Impact : Long-term incarceration without conviction, particularly for those ultimately acquitted, often leads to anxiety, depression, and other mental health issues.
- According to NCRB data (2022), suicides in prisons increased by 20% over the last five years, with many linked to prolonged undertrial detention.
- A study by the Institute of Mental Health, Chennai, revealed that 60% of undertrials suffer from untreated psychological disorders.
- Cases like that of a Dalit youth in Uttar Pradesh, who spent three years in jail for a theft he did not commit, highlight the long-term mental trauma caused by wrongful detention.
- Economic and Social Consequences : Many undertrials are sole breadwinners, and their incarceration plunges families into financial hardship and social ostracism.
- A 2017 survey by CHRI revealed that 70% of undertrials are from marginalized communities and earn less than ₹5,000 monthly, making their imprisonment financially devastating.
- The family of Mohammed Shakir, an undertrial in Delhi jailed for five years, was forced into child labor after losing their primary income source.
- Juvenile delinquency among children of undertrials is rising, with NCRB data showing a 12% increase in offenses committed by children from disrupted families.
- Rights Violations: Prolonged detention without trial violates the constitutional Right to Speedy Trial and denies access to affordable bail and legal aid.
- In Hussainara Khatoon vs. Home Secretary, Bihar (1979), the Supreme Court highlighted that over 40,000 undertrials had been incarcerated for longer than the maximum sentence prescribed for their alleged offenses.
- A report by the Law Commission of India (268th Report) noted that many prisoners remain in custody even for bailable offenses due to inability to afford bail bonds.
- According to NCRB (2022), only 15% of undertrials had access to free legal aid, leaving a vast majority unrepresented.
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Way Forward
- Open Jails: Housing undertrials in open jails allows greater freedom of movement and contact with families, reducing the punitive nature of detention.
- Compensation and Rehabilitation:Provide financial compensation for wrongful incarceration and vocational training for effective reintegration into society.
- Comprehensive Bail Law: Introduce robust bail laws to prevent arbitrary arrests and reduce discrimination in the bail process.
- Judicial Strength: Increase judicial appointments to address backlogs and reduce delays.
- Police Reforms: Separate investigative duties from law enforcement responsibilities to enhance efficiency.
- Enhanced Legal Aid: Strengthen the reach and capacity of NALSA to provide legal support to undertrials.
- Technological Upgrades: Expand video conferencing for court proceedings and digitize court operations to reduce delays.
- Curbing Adjournments: Discourage arbitrary adjournments that prolong trials and contribute to case pendency.
