STATE OF INDIA’S UNDERTRIAL PRISONERS, PLANS TO EASE SENTENCING

THE CONTEXT: India’s prison system faces a critical challenge with over 75% of inmates being undertrials, prompting new legislative measures through Section 479 of BNSS to address this crisis, particularly for first-time offenders who have served one-third of their potential sentence.

THE LEGAL FRAMEWORK:

• • Section 479 of BNSS (Bharatiya Nagarik Suraksha Sanhita, 2023): Prisoners (not accused of death or life imprisonment) must be released on bail after serving half the maximum sentence for regular cases—one-third of the maximum sentence for first-time offenders. Jail superintendents are mandated to file applications for eligible undertrials. It is not applicable to cases involving multiple offenses or ongoing investigations.
  • Supreme Court orders in re: Inhuman conditions in 1382 prisons: Originated from a letter by former CJI R.C. Lahoti highlighting overcrowding, unnatural deaths, and lack of trained staff. Overcrowding violates human dignity. Prolonged detention without trial undermines justice. Highlighted the need for systemic reforms in criminal justice administration.

CURRENT PRISON DEMOGRAPHICS (NCRB DATA, 2022):

DURATION OF DETENTION:

SOCIO-ECONOMIC BACKGROUND:

THE ISSUES:

• • Overcrowding in Prisons: 8% of prisoners in India are undertrials (4,34,302 out of 5,73,220 total prisoners as per NCRB 2022). Six states contribute to nearly 60% of undertrial inmates: Uttar Pradesh (21.7%), Bihar (13.2%), Maharashtra (7.6%), Madhya Pradesh (6.2%), Punjab (5.6%), and West Bengal (5.4%). Overcrowding leads to inadequate living conditions, lack of healthcare services, and increased vulnerability to violence within prisons. Tihar Jail, Delhi, has a capacity of around 5,200, but actual inmates are above 12,000. Mumbai’s Arthur Road Jail, Reports of inmates sleeping in shifts due to lack of space. Justice Krishna Iyer emphasized that overcrowding violates prisoners’ dignity and fundamental rights.
  • Delayed Justice: Around 14.6% of undertrials have been in prison for 1-2 years, 7.8% for 2-3 years, and 6% for more than three years. As per NCRB, there has been a 40.7% increase in undertrials since 2017. Judicial delays are due to overburdened courts and a lack of fast-track mechanisms. Inefficiency in investigating agencies leads to prolonged trials. In Hussainara Khatoon v. State of Bihar (1979), The Supreme Court held that speedy trial is a fundamental right under Article 21. In Common Cause v. Union of India (1996), the Supreme Court directed the release of undertrials who had served half their maximum sentence.
  • Disproportionate Representation of Marginalized Communities: Muslims constitute 19.3% of undertrials (population share: 14.2%). Scheduled Castes undertrials are 20.9% (population share: 16.6%). Scheduled Tribes’ undertrials are 9.3% (population share: 8.6%). Socioeconomic vulnerabilities lead to higher incarceration rates among marginalized groups. Lack of access to quality legal representation exacerbates their plight.
  • Educational Disparities Among Prisoners: Around 65% of undertrials are either illiterate or educated only up to Class X. Lack of education limits understanding of legal rights and access to justice.
  • Ineffective Implementation of Bail Provisions: Section 479 of BNSS mandates bail for first-time offenders after serving one-third of their maximum sentence. Jail authorities are not aware of these legal provisions. In re: Inhuman Conditions in Prisons (2013), SC directed jail superintendents to ensure timely bail applications for eligible prisoners.
  • Gender-Specific Challenges: Women comprise around 4% of total prisoners but face unique challenges like lack of childcare facilities and inadequate healthcare. Pregnant women in prisons often lack access to proper nutrition and medical care.

THE WAY FORWARD:

• • Expediting Judicial Processes: Establish dedicated fast-track courts for undertrial cases. Fast-track courts for sexual assault cases have shown promising results in reducing pendency. India has only 21 judges per million people (2022), far below the Law Commission’s recommendation of 50 judges per million. Recruit more judges and improve infrastructure to reduce backlog. Expand e-Courts projects to ensure real-time tracking of cases. Telangana’s e-Court initiative reduced delays by automating case scheduling.
  • Strengthening Legal Aid Mechanisms: Strengthen the National Legal Services Authority (NALSA) and State Legal Services Authorities (SLSA). Deploy paralegal volunteers in prisons to assist undertrials. Establish legal aid clinics in rural and tribal areas. Bihar’s legal aid clinics have improved access for marginalized groups.
  • Reforming Bail Provisions: Jail superintendents must proactively file bail applications for eligible prisoners. Reliance on monetary sureties, which disproportionately affect poor inmates, must be reduced. In Moti Ram v. State of MP (1978), the SC criticized excessive bail amounts as discriminatory.
  • Special Focus on Women Prisoners: Ensure separate facilities for women with access to healthcare, childcare, and vocational training. Prioritize release under Section 479 BNSS for women with dependent children. Kerala’s prison reforms include daycare facilities for children of women prisoners, setting a benchmark for other states.
  • Socio-Economic Rehabilitation: NGOs and civil society organizations can assist in reintegration through counseling and job placement services. Establish parole officers to monitor reintegration progress and prevent re-offending.

THE CONCLUSION:

The Supreme Court’s proactive stance on retrospectively implementing Section 479 of BNSS, coupled with the Home Minister’s directive for pre-Constitution Day releases, marks a significant step toward addressing India’s undertrial crisis. However, the success will depend on effective implementation by state authorities and jail superintendents.

UPSC PAST YEAR QUESTION:

Q. Who are entitled to receive free legal aid? Assess the role of the National Legal Services Authority (NALSA) in rendering free legal aid in India.

MAINS PRACTICE QUESTION:

Q. The Supreme Court has played a pivotal role in ensuring justice for undertrial prisoners. Critically analyze

SOURCE:

https://indianexpress.com/article/explained/explained-law/indias-undertrial-prisoners-9680578/