“A society should be judged not by how it treats its outstanding citizens but by how it treats its criminals.” – Fyodor Dostoevsky
The plight of undertrial prisoners in India raises crucial concerns regarding their right to a fair trial and the right to life. According to The Model Prison Manual 2016, An under-trial prisoner is defined as a person who has been committed to judicial custody pending investigation or trial by a competent authority. Shockingly, the Prison Statistics India 2022 report reveals that 75.8% of the total prisoner population in India comprises undertrial inmates.
Challenges Faced by Undertrial Prisoners
The slow, ineffective, and unfair legal procedures result in extended detentions for undertrial prisoners. This infringes upon the fundamental right to life and liberty as outlined in Article 21 of the Indian Constitution. The excessive reliance on undertrial detention has wide-ranging effects, impacting physical and mental well-being, familial and social connections, economic and educational prospects, and access to legal assistance and justice. Moreover, it erodes the principle of the presumption of innocence.
Legal Safeguards and Judicial Pronouncements
The 2005 amendment to the Code of Criminal Procedure introduced Section 436A, allowing the release of undertrial prisoners who have served half of the maximum sentence for their alleged offence. In the case of T.V. Vatheeswaran v. State of Tamil Nadu (1983) 2 SCC 68, the Hon’ble Supreme Court emphasised that fundamental rights under Articles 14, 19 and 21 of the Constitution of India are available to the prisoners as well as freemen.
In the case of State of A.P. Vs. Challa Ramkrishna Reddy & Ors. (2000) 5 SCC 712, the Supreme Court asserted held that a prisoner is entitled to all his fundamental rights unless his liberty has been constitutionally curtailed.
The Madras High Court in Jagannath v. The State 1983 CriLJ 1748 made the rule that such undertrial prisoners would be released against whom chargesheets have not been filed within the limitation period provided violative of their fundamental right under Article 21.
While under-trial prisoners share facilities with convicted inmates in Indian Prisons, The Model Prison Manual 2016 provides that no convicted prisoner shall be kept in the same area in which under-trial prisoners are kept, or be allowed to have contact with under-trial prisoners. No convicted prisoner shall be allowed to enter the under-trial yard or block.
Done By: Adithya Menon, 5th year B.A, LL.B(Hons.)
Veltech School of Law, Chennai
For Origin Law Labs
