In response to recent concerns raised by the Indian President regarding the plight of many undertrials holed up in the prisons, it’s important to understand the key factors involved. An ‘undertrial’ is a person who is either currently on trial or imprisoned on remand while awaiting trial. Adding to this definition, the 78th Law Commission Report includes a person who is in judicial custody on remand during investigation as an ‘undertrial’.
State of Undertrials in India
In the last decade, there has been a noticeable rise in the number of undertrials in Indian prisons, escalating to its peak in 2021 according to the National Crime Report Bureau (NCRB). The NCRB report from 2020 indicated that approximately 76% of all prison inmates were undertrials, and around 68% of them were either illiterate or school dropouts.
Among the highest ratio of undertrials in jails were found in Delhi and Jammu and Kashmir at 91%, followed by Bihar and Punjab at 85%, and Odisha at 83%. Additionally, 27% of all undertrials were noted to be illiterate, and 41% had dropped out before completing Class X.
Concerns Surrounding Undertrials
The issues facing undertrials range from resource scarcity to violent abuses and health hazards. With limited economic resources or fear of social stigma, many undertrials find it difficult to seek and secure bail. Besides, the dangerous environment inside prisons contributes to physical mishandling, extra-judicial torture, and frequent group violences.
Moreover, overcrowding and inadequate spacing lead to unsafe and unhealthy conditions for inmates causing the spread of infectious diseases like Tuberculosis (TB). The plight of prisoners often extends to their families, who are subjected to poverty, and social stigma leading to exploitation by privileged classes in society.
Constitutional Protection for Undertrials
The Indian Constitution has provisions to safeguard undertrials. Administration and management of prisons come under the purview of respective State Governments. The Ministry of Home Affairs, however, provides regular guidance and advice to States and UTs concerning prisons and prison inmates.
Article 39A mandates the State to provide free legal aid ensuring justice isn’t denied due to economic or other disabilities. In addition, Article 21 entitles reasonable, fair, and just liberty, stating, “No person shall be deprived of his life or personal liberty except according to the procedure established by law”.
Recommendations for Prison Reforms
Several reform suggestions have been proposed by committees like the Supreme Court appointed Justice Amitava Roy (retd.) Committee. These include speedy trials and improved lawyer to prisoner ratio to tackle overcrowding, special fast-track courts for pending petty offences, and efficient use of ICT for conducting trials.
Other proposals include providing effective legal aid, vocational skills and education to prisoners, and introducing alternatives to imprisonment like fines and admonition. The Law Commission of India also recommended that undertrials, charged with offences attracting upto seven years of imprisonment, should be released on bail after completing a third of their maximum sentence.
Looking Forward: Ensuring Holistic Legislative Reform
Addressing current challenges faced by undertrials requires a comprehensive legislative reform. Implementing strict adherence to time limit for police investigation in case of accused undertrial prisoners as per Section 167 of the CrPC, discontinuing automatic extension of remands for the convenience of authorities, and reducing undertrial population are some aspects that need urgent attention.
Additionally, undertrials should be provided with better facilities than convicts such as food, clothing, water, medical facilities, sanitation, recreation and communication with relatives, and lawyers. This holistic approach will ensure that the constitutional guarantees under Article 21 are upheld and individual liberties are expanded.
