Skip to main content

77% of 5.5 lakh prison inmates are still awaiting trial: Whither prison reform?

By Vikas Meshram* 
Despite being granted bail, thousands of undertrial prisoners in India continue to endure inhumane conditions in jail. The issue has been a topic of national discussion for quite some time. The fact that the prisons in the country are overcrowded is no secret. Most of the inmates belong to poor and marginalized communities, many of whom do not have anyone to arrange bail for them.
As of 2024, the total number of prisoners in India exceeds 5.5 lakh, placing the country fourth in the world for the highest number of incarcerated individuals. Every prison in the country houses inmates beyond its capacity, and it may surprise you to learn that 77% of these inmates are undertrial. In other words, 77% of the prison population is still awaiting trial. 
Many of these individuals have been in jail for years due to their weak financial conditions, lack of knowledge about their rights, or the inability to claim those rights. Despite repeated discussions about the need for reform, the situation has only worsened.
In India, 51.4% of undertrial prisoners are in district jails, 36.2% in central jails, and 10.4% in sub-jails. Among these inmates, 66% belong to the SC/ST and OBC communities, and 25% are illiterate. 
One can understand that this class is deprived of education, basic needs, and facilities. Often, their circumstances may have led them into such situations. Why haven’t these conditions changed even after so many years of independence?
Today, developments such as shiny roads, highways, factories, and tourism are visible, but why doesn’t the picture change when it comes to providing jobs, food, and basic needs for everyone? It’s a question that remains unanswered. Why do luxurious cars run on highways, yet people live under bridges? Why don’t they get relief from poverty and suffering? Aren’t these numbers a matter of shame? Why can’t these problems be solved? 
One needs to pay attention to the fact that the purpose of imprisonment is to reform those whose circumstances led them into the cycle of crime, not just to punish them. 
It’s important not to forget that the goal is to change the minds of those who have entered the world of crime and turn them into responsible citizens, excluding heinous, notorious, and professional criminals.
Therefore, concerns have been expressed from time to time about the release of undertrial prisoners who remain in jail even after being granted bail. Undoubtedly, there is overcrowding in our prisons. It is estimated that around five thousand undertrial prisoners are still waiting for release even after being granted bail. 
Last year, the Supreme Court issued several directives, asking courts to consider revising bond, surety, and bail conditions. The Supreme Court also directed the preparation of reports on the social and economic conditions of such inmates, so that the conditions for their release could be relaxed. 
Undoubtedly, there has been a long-standing need to humanize the face of the justice system in a democratic country. The concept of justice is that protecting innocent people from injustice should be the primary responsibility in any situation. The Supreme Court has reiterated to judges that they cannot turn a blind eye to the harsh realities of life. 
Many of the prisoners have been in jail for years due to their weak financial conditions, lack of knowledge about their rights
Reviewing the situation could make things clearer. Granting bail and then imposing additional conditions is akin to giving something with one hand and taking it away with the other, according to the court. The court has emphasized the need to institutionalize a humanitarian approach. 
In fact, bail is the rule, and denying bail is the exception. The Supreme Court has strongly reiterated this point in its recent judgments. The position was taken that if a case is tried, bail should be granted, even if the offense falls under the Unlawful Activities (Prevention) Act (UAPA). In reality, laws that punish terrorist acts are often made stringent. 
Therefore, the Supreme Court has not shied away from saying that while upholding the right to a speedy trial and the sacred right to liberty, lower courts and high courts often adopt a cautious approach in granting bail. The Supreme Court has expressed serious concern over the fact that the country’s justice system is plagued by delays at every level. 
The age-old flaw of ‘date after date’ continues, and the situation of undertrial prisoners remaining in jail after bail is no different. The court believes that the crisis is exacerbated by the lack of awareness and legal literacy in the country.
Undoubtedly, the Supreme Court’s approach is not only progressive and just, but it also draws attention to the critical issue of protecting individual liberty and raising awareness among citizens. 
The recent sensitive initiatives of the Supreme Court have sparked hope for a serious initiative to expedite the resolution of the millions of pending cases in the country and to bring justice to those who have been waiting for it for generations.

Comments

TRENDING

RG Kar saga: Towards liberation from the constraints of rigid political parties?

By Atanu Roy*  There's a saying: "There is no such thing as a half-pregnancy." This adage seems particularly relevant when discussing the current regime of the Trinamool Congress (TMC). The party appears to be entrenched in widespread corruption that affects nearly every aspect of our lives. One must wonder, why would they exclude the health sector—a lucrative area where illicit money can flow freely, thanks to a network of corrupt leaders colluding with ambitious bureaucrats? 

TU activist Anirudh Rajan, lawyer Ajay Kumar in custody: Wounded reputation of world's largest democracy?

By Vedika S*  Over the last few days, India's National Investigation Agency (NIA), known to be tasked with suppressing revolutionary, democratic, and progressive forces, conducted a series of raids across Haryana, Punjab, Uttar Pradesh, and Delhi. Targets included human rights attorney Pankaj Tripathi, student leader Devendra Azad, and peasant union leader Sukhwinder Kaur. Lawyer and anti-displacement activist Ajay Kumar was arrested and taken to his home in Mohali, which was subsequently raided. He is now imprisoned in Lucknow as a suspect in the NIA's "Northern Regional Bureau (NRB) Revival case." 

India's 55.6% still can't afford healthy diet, yet food wastage a serious issue

By Vikas Meshram  According to this year's 'State of Food Security and Nutrition in the World' report, India has the highest number of malnourished people in the world, with a staggering 195 million affected. This report, prepared by the Food and Agriculture Organization (FAO) of the United Nations, was published jointly by five UN agencies, including UNICEF. The report also highlights a slight improvement in India's statistics: between 2004-06, the number of malnourished people in the country was 240 million. 

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah*   The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Damaging signal sent to various levels of judiciary? Modi at religious function at CJI's residence

Counterview Desk  The civil rights group, National Alliance for Justice, Accountability and Rights (NAJAR), has expressed its "grave concern" over the Prime Minister’s recent presence at a religious event at the Chief Justice of India's residence, underlining, "Independence of Judiciary from Executive must be ensured in all circumstances".

Impact of global warming? Asia's 61% population 'deprived of clean water'

By Vikas Meshram*  A recent study from Utrecht University in the Netherlands warns that climate change and socio-economic transformations will exacerbate water scarcity, disproportionately affecting populations in South Asian countries. Human beings require clean water for drinking, sanitation, food production, energy, and manufacturing. Across the globe, people and policymakers are grappling with the challenges of water scarcity. 

Trailblazer in literary innovation, critic of Indian mythology, including Ramayana

By Harsh Thakor*  Ranganayakamma, commonly known as RN, stands out as a transformative figure in promoting Marxist thought, democratic ideals, and anti-caste principles through her remarkably clear and engaging writing style. A trailblazer in literary innovation, her works span a broad array of topics, from critiques of Indian mythology and revivalism to discussions on civil liberties, the Indian Communist Movement, and Maoism in China. 

Unwavering source of ideological inspiration in politics, life: Personal tribute to Yechury

By Bhabani Shankar Nayak  Sitaram Yechury was everyone's comrade. He lived his life in public like an open book of praxis. Everyone was familiar with his family background, student life, many talents, achievements, and political journey that defines his everyday life as a committed communist.