Issue Related to Under trials – UPSC Social Justice Notes

The issue of trials represents a complex and pressing challenge within the realm of criminal justice systems worldwide. Under trials, individuals who are detained in custody during their trial but have not been convicted of any crime, face a multitude of legal, social, and human rights concerns. This issue often intersects with broader issues of access to justice, fair trial rights, overcrowding in prisons, and socio-economic disparities. The plight of undertrials highlights systemic inefficiencies, judicial delays, and inequalities within legal frameworks, raising significant questions about the principles of presumption of innocence and the right to a speedy trial. Addressing the plight of undertrials requires a comprehensive approach that involves legal reforms, policy interventions, and societal awareness to ensure the protection of fundamental rights and the promotion of a more equitable and just legal system.

Current Scenario of Undertrials in India: 

1. Alarming Undertrial Statistics: 

• In 2021, the proportion of undertrials in Indian prisons soared to an unprecedented 77%, with 427,165 out of 554,034 prisoners categorized as undertrials. 
• This marks a 14.9% increase from the 2020 figure of 371,848 undertrials, indicating a consistent rise over the past decade. 

2. Educational Background of Undertrials: 

• Among the undertrials in 2021, 25.2% were illiterate, and 40.2% had not completed high school, highlighting the educational disparities within this population. 

3. Caste Disparities: 

• As of 2019, Scheduled Castes constituted 21% of undertrials and 21.7% of convicts, surpassing their demographic representation (16.6% of the population in the 2011 Census). 
• Tribals comprised 10.5% of undertrials and 13.6% of convicts, indicating a disproportionate representation (8.6% of the population in the 2011 Census). 

4. Lengthy Detention Periods: 

• In 2021, 29.1% of undertrials had been incarcerated for over a year, shedding light on prolonged detention periods awaiting trial. 

5. Distribution Across Prison Categories: 

• District jails accounted for the highest share of undertrials at 51.4%, followed by Central jails (36.2%) and Sub-jails (10.4%). 

6. Pending Cases in Courts: 

• Over 4.7 crore cases are pending in Indian courts as of May 2022, with a significant 87.4% pending in subordinate courts. 

7. Regional Disparities: 

• Uttar Pradesh reported the highest number of undertrials, followed by Bihar and Maharashtra. 
• Bihar, West Bengal, and Odisha exhibited the highest proportions of undertrials relative to total prisoners. 
• The prison occupancy rate stands at 130.2%, with Uttarakhand, Uttar Pradesh, and Sikkim having the highest rates. 

Safeguards for the Protection of Undertrials: 

1. Constitutional Safeguards: 

• Article 21: Ensures the right to life and personal liberty, emphasizing that no person shall be deprived of these rights except through a procedure established by law. 
• Article 22: Affords undertrials the right to consult and be defended by a legal practitioner of their choice, as established in the State of Madhya Pradesh vs. Shobharam (1966). 
• Article 39A: Imposes an obligation on the State to ensure that the judicial system promotes justice and provides free legal aid. 

2. Legal Safeguards: 

• Bail Provisions (CrPC): Sections 436-450 of the Criminal Procedure Code (CrPC) delineate bail provisions, distinguishing between bailable and non-bailable offences. 
• Section 436: Addresses bail provisions for bailable offences. 
• Section 437: Governs bail provisions for non-bailable offences. 
• Section 436A: Allows release on a personal bond when a person has undergone detention for up to one-half of the maximum specified imprisonment period during investigation or trial. 
• Section 167: Grants undertrial prisoners the indefeasible right to be released on default bail when their judicial custody exceeds 90/60 days without a filed charge sheet, even for non-bailable offences. 

Supreme Court: 

1. Restriction on Arrest: 
   • The Supreme Court emphasizes that arrests should not be made unless a crime is severe and attracts a punishment of 7 years or more. 

2. Implementation of Section 436A: 
   • In the case of Bhim Singh v Union of India, the Supreme Court calls for the effective implementation of Section 436A, which allows release on a personal bond under specific conditions. 

3. Right to Bail for Bailable Offences: 
   • In Rasiklal v Kishore (2009), the Supreme Court upholds the absolute and indefeasible right to bail for bailable offences. The court asserts that no discretion can be exercised, and bail is mandatory upon furnishing. 

International Safeguards: 

1. Presumption of Innocence: 
   • The Universal Declaration of Human Rights (1948) acknowledges the presumption of innocence until proven guilty, safeguarding the rights of individuals facing trial. 

2. United Nations Standard Minimum Rules: 
   • The United Nations Standard Minimum Rules for the Treatment of Prisoners, also known as the Nelson Mandela Rules, provides clear standards for the treatment of individuals on trial, ensuring their rights and well-being. 

Reasons for the High Number of Undertrials in India: 

1. Low Judicial Capacity: 
   • India’s judicial system faces a shortage of judges, with 21 judges per million population, compared to the recommended 50 per million by the Law Commission. This, coupled with inadequate infrastructure, leads to a significant backlog of cases exceeding 4.5 crore. 

2. Economic and Educational Disparities: 
   • Many undertrials belong to economically disadvantaged and marginalized communities, facing challenges in accessing legal aid and paying bail amounts due to poverty and lack of education. 

3. Unnecessary Arrests and Bail System Issues: 
   • Over 60% of arrests are deemed unnecessary, and the rich find it easier to secure bail. Economic disparities result in the incarceration of individuals unable to afford bail or provide sureties. 

4. Delay in Investigation: 
   • Delays in the investigation process, attributed to a low ‘Police-Population’ Ratio, contribute to prolonged trials. The sanctioned police strength falls below international recommendations, affecting the efficiency of the criminal justice system. 

Challenges Faced by Undertrials: 

1. Prison Violence: 
   • Undertrials face vulnerability to violence, including group violence and riots within prisons. 

2. Criminalizing Effect of Prison: 
   • Lack of scientific classification exposes circumstantial or young offenders to hardened criminals, making them susceptible to criminal influence. 

3. Health Issues: 
   • Overcrowded prisons lead to inadequate living conditions, impacting the health and well-being of prisoners. 

4. Mental Health Concerns: 
   • Prolonged incarceration without conviction contributes to mental health issues, and prisons often lack facilities to address mental health concerns. 

5. Drug Abuse: 
   • Strict anti-drug laws contribute to a substantial percentage of the prison population, increasing the risk of drug abuse among inmates. 

6. Impact on Families: 
   • Arrested individuals, often sole breadwinners, face income loss, leading to poverty for their families. Social stigmatization post-release affects employment opportunities. 

7. Violation of Rights: 
   • The right to a speedy trial, bail, and effective legal aid is often violated, as recognized by the Supreme Court, impacting the rights of undertrials. 

FAQs

Q: What are undertrials?

Undertrials are individuals who have been arrested and are awaiting trial or final disposition of their case. They are presumed innocent until proven guilty and are entitled to certain rights and protections under the law.

Q: What are the main issues faced by undertrials?

Undertrials often face issues such as prolonged detention without trial, overcrowded jails, inadequate legal representation, delays in court proceedings, and limited access to basic amenities and healthcare facilities.

Q: How does prolonged detention impact undertrials?

Prolonged detention can have serious consequences on undertrials, including psychological distress, loss of livelihood, disruption of family ties, and increased likelihood of being exposed to violence and exploitation within the prison system.

Q: What measures can be taken to address the issues faced by undertrials?

Some measures to address these issues include expediting the judicial process to ensure timely trials, providing legal aid and representation to underprivileged undertrials, improving prison conditions and facilities, promoting alternative dispute resolution mechanisms, and implementing bail reforms.

Q: Why is it important to address the issues concerning undertrials?

Addressing the issues concerning undertrials is crucial for upholding the principles of justice, protecting human rights, and maintaining the integrity of the legal system. It also contributes to reducing overcrowding in prisons, promoting rehabilitation, and fostering a fair and equitable society.

In case you still have your doubts, contact us on 9811333901. 

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