Maq Masi Blog

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India, a nation renowned for its democratic spirit, faces a profound challenge within its prison walls. Over 435,000 individuals—ordinary people, many from humble backgrounds—await justice as undertrials, detained without conviction, sometimes for years. Among them are 16,136 women and 1,479 children, whose lives are shaped by delays in a system striving to balance fairness with complexity. This is not a failure of India’s intent but an opportunity to uphold its cherished values of justice, dignity, and compassion. For India’s law-abiding citizens, leaders, and stakeholders, this moment invites unity to strengthen a system that serves all.

The Human Cost

As of 31 December 2022, India’s prisons housed 573,220 inmates, with 435,632 (76%) classified as undertrials—people awaiting trial or case resolution, according to the National Crime Records Bureau (NCRB) [1]. Many are held for minor offences, caught in procedural delays that test their resilience. Prisons, operating at 131% capacity, struggle to provide adequate care, with limited space, healthcare, and legal support [2]. In Uttar Pradesh, 94,131 undertrials wait, reflecting an issue that touches communities across the nation [1].

Women bear a unique burden. Of 22,918 female prisoners, 70.4% are under-trials, and 1,312 are accompanied by young children, who grow up in confinement’s shadow [1]. These children, often under six, miss out on schooling and stability, their futures tied to their mothers’ fate. Marginalised groups, including Scheduled Castes and Tribes (32% of prisoners, despite being 24% of the population), face disproportionate challenges, highlighting India’s commitment to equitable justice [3].

A Collective Responsibility

The undertrial situation engages rights enshrined in the International Covenant on Civil and Political Rights (ICCPR), which India upholds. The right to a speedy trial, protected under Article 14, is strained by 33.4 million pending criminal cases as of October 2023 [4]. Some undertrials remain detained longer than potential sentences for their alleged crimes, a concern India’s Supreme Court has highlighted with empathy [5]. Article 9 guards against arbitrary detention, yet delays in chargesheet filings—often due to an overstretched police force (1 officer per 664 citizens) [6]—prolong uncertainty. Overcrowded prisons challenge Article 10’s call for humane treatment, with 1,338 custodial deaths reported in 2020 underscoring the need for care [7].

These are realities that India’s dedicated police officers, judges, and prison staff navigate daily. Citizens feel the impact too—delayed justice can erode trust in institutions. Laws like the Unlawful Activities (Prevention) Act (UAPA), designed to protect society, sometimes lead to prolonged detentions without trial, as seen in cases like the 2018 Maharashtra arrests [8]. Such outcomes, though unintended, invite review to ensure fairness aligns with India’s vision.

Systemic Pressures

The undertrial issue stems from strains on a system serving 1.4 billion people. Police forces, understaffed and overburdened, face challenges completing timely investigations. Courts, with 20% of judicial posts vacant in 2023, manage immense caseloads with limited resources [9]. Legal aid, vital for the poor, reaches only a fraction of the 80% of undertrials from disadvantaged backgrounds [10]. Bail, though encouraged by the Supreme Court for non-serious offences, remains elusive for many due to financial constraints [11].

Women and children need special attention. Female undertrials face stigma and inadequate facilities, while their children lack access to education or emotional support [12]. These families, like all in India, deserve a system that uplifts them. Every citizen, leader, and actor—whether a teacher advocating fairness, a policymaker shaping laws, or a judge delivering verdicts—can contribute to easing this challenge.

A Global Lens

India’s justice efforts draw international attention. The UN Human Rights Council has acknowledged the undertrial issue, encouraging progress [13]. The European Union, through dialogues like the 2024 EU-India Human Rights Dialogue, supports India’s journey towards ICCPR alignment, respecting its sovereignty [14]. India’s choice to remain outside the International Criminal Court reflects its resolve to address challenges domestically—a commitment to local solutions [15]. These perspectives affirm India’s capacity to lead in justice reform.

Pathways to Reform

This is an opportunity for collaboration across India. Here are practical reforms to strengthen justice:

1. Streamline Investigations: Bolster police capacity through recruitment and training, aiming for a 1:450 police-to-citizen ratio by 2030. Set clear deadlines for chargesheet filings, supported by digital tools, to ease pressure on officers.
2. Empower Courts: Fill judicial vacancies and expand fast-track courts for minor cases, targeting a 50% reduction in pendency by 2035. Digital platforms, like Delhi’s e-courts, can enhance efficiency [16].
3. Enhance Legal Aid: Increase funding for legal aid threefold by 2027, ensuring every undertrial has representation. Community paralegals can bridge gaps in rural areas, where most undertrials live [17].
4. Make Bail Accessible: Follow Supreme Court guidance on bail for non-serious offences, introducing affordable bail options. Tamil Nadu’s community bail pilots show promise for replication [18].
5. Support Women and Children: Create dedicated prison facilities for women, with childcare and education for their children. Open prisons, like Rajasthan’s Sanganer model, can offer humane alternatives for low-risk undertrials [19].
6. Review Protective Laws: Reassess laws like UAPA to balance security and fairness, ensuring detentions are reviewed within 30 days, as human rights groups suggest [20].
7. Strengthen Oversight: Establish a National Prison Oversight Board to monitor conditions and undertrial progress, reporting to Parliament to build public trust [21].

A Vision for India

The undertrial crisis is a chance for India to shine. It touches every corner of society—the farmer detained for a petty dispute, the mother raising her child in a cell, the officer working tirelessly to file a report. India’s law-abiding citizens can advocate for fairness, its leaders can drive policy, and its actors can amplify these stories. Through reform, India can build a justice system that reflects its heart—compassionate, equitable, and strong.

The time is ripe to advance this cause. By strengthening prisons, courts, and laws, India can honour every citizen’s right to dignity and justice. This is a chapter for India to write—one where no one waits in vain for their day in court.

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References

1. National Crime Records Bureau (NCRB). (2023). Prison Statistics India 2022.
2. Commonwealth Human Rights Initiative (CHRI). (2023). Overcrowding in Indian Prisons: A Human Rights Perspective.
3. NCRB. (2023). Prison Statistics India 2022 (Demographic Data).
4. National Judicial Data Grid. (2023). Pending Cases Dashboard, October 2023.
5. Supreme Court of India. (2021). Arnesh Kumar v. State of Bihar, SCC 273.
6. Ministry of Home Affairs. (2022). Police Strength Report 2022.
7. NCRB. (2021). Crime in India 2020 (Custodial Deaths).
8. The Wire. (2023). Bhima Koregaon Case: Five Years Without Trial.
9. Department of Justice, India. (2023). Judicial Vacancies Report.
10. National Legal Services Authority (NALSA). (2022). Annual Report 2022.
11. Supreme Court of India. (2022). Satender Kumar Antil v. CBI, SCC 105.
12. Women in Prison India. (2023). Status of Women Undertrials.
13. UN Human Rights Council. (2022). Universal Periodic Review: India.
14. European External Action Service. (2024). EU-India Human Rights Dialogue, August 2024.
15. Ministry of External Affairs, India. (2002). Statement on Rome Statute.
16. e-Courts Project, India. (2023). Annual Report on Digitization.
17. CHRI. (2022). Legal Aid in Rural India: Challenges and Solutions.
18. Tamil Nadu Prison Department. (2023). Community Bail Pilot Report.
19. Rajasthan Prison Department. (2022). Sanganer Open Prison Model.
20. Human Rights Watch. (2024). World Report 2024: India.
21. CHRI. (2023). Proposal for National Prison Oversight Board.