TRENDS OF UNDER-TRIAL INCARCERATION IN INDIA
AUTHOR – MOHIT MALHOTRA, STUDENT AT MDU-CPAS, GURUGRAM
Best Citation – MOHIT MALHOTRA, TRENDS OF UNDER-TRIAL INCARCERATION IN INDIA, ILE JOURNAL OF LAW AND HUMANITARIAN STUDIES (ILE JLHS), 1 (1) of 2023, Pg. 11-22, APIS – 3920 – 0057 | ISBN – 978-81-964391-3-2
ABSTRACT
One of the most important aspects of the administration of the criminal justice system is the incarceration of under-trials.[1] One of the prison population subgroups that have been recognized as a key contributor to the jails’ congestion is under-trial convicts. The vast majority of convicts who are awaiting trial are uneducated and underprivileged. In the ghastly cells of our jails, there are detainees who are waiting placidly, perhaps precipitately, but in vain, for justice, a good that is tragically out of their reach and grasp. They now see law as a tool of injustice, and they are the powerless, demoralised victims of the legal and judicial systems’ callousness. It is high time that the nation’s conscience is awakened, and the government as well as the judiciary begin to work on this issue. Between the incarcerated and the constitution, no iron curtain can be drawn[2]. Human rights have been referred to as a cornerstone of progress and acknowledged as the fundamental prerequisites for the advancement of personal dignity. Everyone has the right to protection against unfair and humiliating treatment, including those who are suspected, under investigation, in custody awaiting trial, and convicted. It is therefore vital to overhaul and rebuild the legal and judicial systems in order to prevent future injustices from marring our young democracy’s otherwise fair and brilliant face. This paper aims to provide the bird’s-eye view of the Under-trial incarceration in India and simultaneously to analyse the effectiveness of the Section 436-A of Code of Criminal Procedure.
Keywords: Under-trial prisoners, overcrowding of prisons, prison reforms, Section 436-A of CrPC, legal aid, national legal services authority, statutory bail.
[1] Editorial Board, Prison Reforms, Clear IAS, https://www.clearias.com/prison-reforms/ (Last Accessed on 3 June, 2023 – 9.25 PM).
[2] Sunil Batra (II) v. Delhi Administration, AIR 1980 SC 1579.