UNDER TRAILS PRISONERS
76% of Prisoners are undertrials; the ratio is highest in Delhi and Jammu Kashmir NCRB (2020)
Who are Under trail prisoners?
Undertrial prisoners are those people who are facing trial in any court and during such trial are kept in judicial custody in prison. In simple terms, an undertrial prisoner is one who has been arrested for some crime and is waiting to appear before the magistrate. Such a person is accused and his or her guilt has not been proved, hence he cannot be called a convict.
DATA as per NCRB (NATIONAL CRIME RECORDS BUREAU) 2020
- Delhi and Jammu and Kashmir (J&K) the highest ratio of undertrials in jails at 91%, followed by Bihar and Punjab at
- 85%, and Odisha at 83%.
- About 20% of all undertrial were found to be illiterate and 41% add drop out before class 10th.
- About 30% of all undertrials remain in jail for over a year, while 65% don’t get released before 3 months.
- Of all undertrials, 76% were charged while the rest were charged with special and local laws which include arms acts, narcotics drugs, psychotropic substance act, and unlawful activities (prevention) act.
PROBLEMS FACED BY UNDERTRIALS IN INDIA
Undertrials form a major part of the prison administration in Indian jails leading to overcrowding. Such overcrowding has created many problems for the undertrial prisoners such as:
- There is no separate prison for undertrials, and there is a chance of first-timers and circumstantial offenders turn into criminals. (The Model Prison Manual states that no convicted prisoner shall be kept in the same area in which undertrial prisoners are kept, or be allowed to have contact with undertrial prisoners).
- Prisons are often a dangerous place for first-time offenders who are subjected to group violence and mishandling by the police. ex- Bhagalpur Blinding Case-which insulted human values as well as Article 21.
- Due to overcrowding in the prison and a shortage of adequate space to lodge prisoners, most of the prisons face problems to keep them in safe and healthy conditions. Most of the prisoners including the undertrials come from socio-economic and disadvantaged sections of the society where disease, malnutrition, and absence of medical services are common. A sample study conducted by the National Human Rights Commission of India in early 1998 showed that 76% of deaths in Indian prisons were due to the scourge of Tuberculosis.
- Mentally ill prisoners are more the forgotten ones. They are ignored by both the outside wood and the inside.
- Undertrial prisoners also face homosexual abuse as prisons are places where same-sex people are lodged. Being removed from their natural partners forces them to look for alternative ways to satisfy their sexual urges. They often target young and feeble prisoners.
- Due to the long absence of the main breadwinner, the family of the under-trial prisoner many a time is forced into destitution and also faces social stigmatization. In many cases, this may result in children turning towards delinquency and exploitation by others.
Initiatives are taken by the Government
- Fast Track Courts (FTCs) were established.
- Fast and Secure Transmission of Electronic Records (FASTER) scheme by which the court would instantly, directly, securely, and electronically transmit bail and other orders to the jail authorities, district courts, and the High Court.
- The National Legal Services Authority (NALSA) had launched a web application to facilitate the undertrial of prisoners by providing them with free legal services.
Constitutional Rights of Undertrials
Article 22(1) of the Constitution of India provides the arrested person the right to consult and to be defended by a legal practitioner of his choice. But most of the undertrials are poor and are not able to engage a lawyer or furnish the bonds for release.
Article 39A of the Constitution of India provides free legal aid. This article ensures that access to justice is not denied to anyone because of his economic or other disabilities.
