Abstract
This paper deals with the poor conditions of prisoners at trial, which is still problematic despite many policies initiated in the liberal era. The lack of distinction between the Prosecuted and Convicted Prisoners, the Violation of the right to speedy trials in Courts, the lack of medical facilities, etc. have cast a lot of doubt on India’s system among prisoners. Due to the lack of due care for detainees, the police have never been the accused in the cases where the detainees were tried. The Indians do not see this as a big problem, there aren’t many written laws for the rights of convicted prisoners and even if they do, they are not followed. This is high time that Indian society awakens and makes people believe that the line “INNOCENT UNTIL PROVEN GUILTY “is actual and not just written in books but is also followed by the Criminal Justice System of our Country.
Keywords
Undertrial Prisoners, Prison laws, Code of Criminal Procedure, Bail, Prison visitors.
Introduction
Starting with the maxim – Innocent Until Proven Guilty as mentioned in the Criminal Law of India which means that a person who is accused of any crime is Innocent until he is proven Guilty by Law. He cannot be subject to any crime if is not of Guilty Mind.
But in India, some people who are not proven guilty of any crime and are just a suspect, those people are kept in jail for various reasons, they do not have money to pay for Bail, the thinking of Authorities that they might run out of the country and many more reasons could be there. These people who are just a suspect and not Guilty and are kept in Prisons are referred to as Undertrial Prisoners.
In simple terms, Undertrial prisoners are those people who are facing trial in any court, and during such trials, they are kept in judicial custody in prison. In other words, an undertrial prisoner has not been arrested for any crime and is waiting to appear before a Judge. According to the Indian Justice Report, 2022, Only 22 percent of the prison population are convicts while 77 percent are ‘undertrials’ or people awaiting the completion of an investigation or trial. (Guide 2023)1
Research Methodology
This research discusses the conditions of Undertrial Prisoners and their rights in the Constitution. It captures the reader’s thoughts by evaluating the information about the detainees in the trial by collecting information from Primary and Secondary sources, especially the Constitution, Case laws, various Books, and Journals.
Review of Literature
Prisons in India
The Prisons and their Administration is a State subject covered by Item 4 under the State List in the seventh schedule of the Constitution of India. The management and administration of Prisons is under the control of the State Government and is governed by the Prisons Act of 1894 and the Prisons manual of respective state governments. The state itself can make various laws, regulations, and provisions for the Prisoners and the central government has the authority and also it provides assistance to the states to make laws for the Prisoners like providing them with food, Improved medical facilities, developed Borstal schools, and renovation of old prisons.
1“77% inmates in prison are undertrials, says India Justice Report.” Accessed May 13, 2023. https://www.businessinsider.in/india/news/77-inmates-in-prisons-undertrials-says-india-justice-report/articl eshow/99238746.cms.
Problems Faced by Undertrial Prisoners
● The first and foremost problem faced by UnderTrial Prisoners is that they are Abused in jails. A prison is a place where group fights and riots are so common and the prisoners who don’t indulge in these fights also get Abused. The Prison Authorities do not get questioned for their behavior with the inmates, so they use various ways like mental or physical torture, to get confession by the UnderTrial Prisoners. Their torture even could result in the death of the prisoners.
● The People who are not convicted of any offense but are under a trial period and it sometimes takes more than a year for the people to get before the Magistrate. This time period often affects the mind of the person under trial and these young offenders become full-fledged criminals when kept in Prison conditions.
● Another problem faced by UnderTrial Prisoners is that of Hygiene. Basically, due to the overcrowded prisoners and lack of Accommodation, Prisoners are kept together either convicted or people under a trial due to which the problems faced by both are the same and not differentiable. Even though they are not proven guilty yet, they have to remain in similar conditions as the Convicted Prisoners.
● The Under Trial prisoners are kept away from their families and spouses and face a lot of difficulties while meeting each other. This results in late family planning in the case of a married couple.
● Poor people who are kept under trial face a lot more difficulties than rich people to get bail.
● Now talking about the problems faced by Female inmates. Females constitute less percentage than males in prisons but female prisoners face the incidents of Corruption, Rape, and Sexual Harassment not only by the Prison Authorities but also by the male prisoners. 2
2(2022, May 14). [Burning Issue] Problem of Undertrials in India – Civilsdaily. Retrieved May 13, 2023, from https://www.civilsdaily.com/burning-issue-problem-of-undertrials-in-india/
Under what laws and rights, are undertrial prisoners governed?
There are numerous laws made for the benefit of Under Trial Prisoner
At first, the rights of the Under Trial Prisoners were mentioned in The Standard Minimum Rules for the Treatment of Prisoners, adopted by the First United Nations Congress on Prevention of Crime and Treatment of Offenders (Geneva, 1955). It also provides provisions regarding the treatment of Undertrial Prisoners. Some other sections that talk about Undertrial Prisoners are:
Rule 86 says thatUndertrial and Normal Prisoners shall have separate buildings for accommodation.
Rule 87 talks about the Undertrial prisoners and laid down that they shall have a choice to arrange for their food from outside, either through the administration or through their loved ones.
According to Rule 88, These prisoners shall be allowed to choose clothing of their own choice and they shall have a right to be dressed as they want.
In Rule 89 it is laid down that An Under Trial is not under a force to work in jail and cannot be coerced for the same, it shall be his choice and if he works he shall be paid for his work.
Section 436A of the Code of Criminal Procedure also provides for the Maximum period for which an Undertrial Prisoner can be detained.
Where the person has during the period of investigation, inquiry, or trial under this Code of an offense under any law undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offense under that law, he shall be released by the Court on his bond with or without sureties:3
Provided that the Court may, after hearing the Public Prosecutor and for reasons to be recorded by it in writing, order the continued detention of such person for a period longer than one-half of the said period or release him on bail instead of the personal bond with or without sureties:
Provided further that no such person shall, in any case, be detained during the period of investigation, inquiry, or trial for more than the maximum period of imprisonment provided for the said offense under that law.
3 “Rights of undertrial prisoners in India – Lawyersclubindia.” Accessed May 13, 2023. https://www.lawyersclubindia.com/articles/rights-of-undertrial-prisoners-in-india-11417.asp.
Also, The Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment provides certain immunity to the Under Trial Prisoners that are presumed as Innocent until proven guilty. It was adopted by the United Nations General Assembly in 1988 and It also states that any unnecessary restrictions are forbidden to be put on undertrial prisoners.
Article 21- Protection of Life and Personal Liberty says that No person shall be deprived of his life and personal liberty except according to procedure established by Law and this right also includes the protection of the Undertrial Prisoners because they are those people who are detained without any accusation on them, therefore Article 21 which talks about the personal liberty includes the right to live with human dignity and thus it would also include within itself a guarantee against the torture and assault by the state or its functionaries.
Article 22– Protection against arrest and detention in certain cases says that Every person who is detained shall be told the reason for his detention and he shall have a right to choose a lawyer and tell his relatives about his detention. Any person detained shall be produced before a magistrate within twenty- four hours.4
Apart from any law, under-trial prisoners have a right to get an education inside the prisons. Their right to get an education is given to them because of the trials and all the court procedures, they are not able to complete their education. Due to the uneven proceedings of the courts, the under-trial prisoners, who are not proven guilty, yet are sent to jails and treated like normal prisoners. Secondly, the under-trial prisoners shall not be forced to do any work in jail and if they do it by their own choice, they shall be paid for it.
4 The Constitution of India, art. 20, 21, 22
Bail provision and other rights
Section 50 of CrPC talks about the Right of the Arrested to get Bailed and his right to be informed of the grounds of Arrest. It says that any police officer arresting any person without a warrant shall tell him the grounds to arrest him.
Section 56 of CrPC, provides the right to the person getting arrested, to take him before the Magistrate without any further delay.
The most important section of CrPC, Section 304 provides the Accused, the Legal Aid, at State Expenses in certain cases. Expanding the section it can be said that the person who does not have any Pleader on his behalf shall be provided with a Pleader by the State itself.
Section 54 of CrPC says that a person who is arrested shall have the right to be examined by a medical practitioner if he requests so. This right is provided to both convicts and undertrials.
Since many female undertrial prisoners are subject to sexual harassment in prisons, they have a right in Section 51(2) Whenever it is necessary to cause a female to be searched, another female shall make the search with strict regard to decency.
Section 55A of CrPC provides for the health and safety of the Arrested Person. It shall be the duty of the person having custody of the prisoner to take reasonable care of his health and safety.
The prisoner’s rights are also governed under the Prisons Act of 1874
Section 4 of the CrPC- Accommodation for the Prisoners– The State Government shall provide an Accommodation to the Prisoners of the territory and the Accommodation be constructed and regulated in such manner as to comply with the provisions of such act.
Section 27 of this CrPC- Separation of Prisoners- This section provides for the separate accommodation of male prisoners, female prisoners, and juvenile and undertrial prisoners.
For Undertrial Prisoners, Section 34 of CrPC provides a provision for their maintenance from private sources. It says that if any prisoner is unconvicted then he must be permitted to maintain 5himself, and he shall be permitted to purchase or receive from private sources at proper hours, food, clothing, bedding, or other necessaries but all these things shall be permitted after an Examination and be approved by the Inspector General.
Cases related to the Under Trial Prisoners
Cases on the Right to Live with Human Dignity- This right says that every person has the right to live with Human Dignity. Though here we are discussing mainly the Undertrial Prisoners, so this right is also for them. Until they are not found guilty of any crime, they cannot be treated like convicted prisoners.
1. Maneka Gandhi v. UOI – This was the first case when Article 21 brought a new dimension in itself and expanded the scope of Article 21 and said that this right does not confine itself to physical existence but also to live with human dignity.
2. Francis Coralie v. Delhi Administration – The ‘right to life’ concept was further enlarged by including food and shelter, education facilities, and communication with other members.
3. State of Andhra Pradesh v. Challa Ramakrishna Reddy – This case stated that the ‘Right to Life’ is a basic human right that even the State Authorities cannot violate. This means that the people who are convicted of any crime or are Under a Trial and sent to Prison, these Prisoners can also enjoy all the Fundamental Rights which include the ‘Right to Life’.
5 Code of Criminal Procedure, 1973 (Act 2 of 1973), s. 50, 56, 54,51(2), 55A, 4, 27, 34
Cases on Right to Health and Medical Treatment – This right is given to all the citizens of the country which includes Prisoners also. So, the Under Trial Prisoners have a right to medical treatment if they ask for so and no State Authority can deny it.
Rashikbhai Ramsing Rana v. State of Gujarat – This Right says that every Prisoner has the basic human right to get mental treatment from a doctor and all the Prison Authorities have a duty toward the Prisoners to provide them with proper mental and physical health care.
Cases on Right to Speedy Trial – This Right is specifically for the Prisoners whose case has been pending in the courts for a long time. They have a Right that their cases are tried in a speedy manner so that the charges on them are removed. There are some famous cases on this Right. In the case of AR Antulay v. RS Nayak, the provisions for the Convicted Prisoners and the Under Trial Prisoners were laid down and it was held that they have a right to get a speedy trial without any delay and they cannot be denied the right to speedy trial even if he does not demand it, it is the duty of the state to provide them with speedy trials. The speedy Trial depends on various situations like the nature of the crime, number of Accused, Number of Witnesses, and Amount of workload on the Courts.
Cases on Right to Provide Legal Aid – This right basically says that any criminal or under-trial prisoner who does not have any lawyer on his side shall be provided with a lawyer from the State. In the case of Madhav Hayawadanrao Hoskot v. State of Maharashtra, it was emphasized that the government of the country is under a duty to provide aid and legal services to Accused and Convicted Individuals.
Cases on Rights against Inhuman Treatment – This right enshrines in every Prisoner whether it be a Convicted or Under-Trial Prisoner. This right protects the Prisoners from any cruelty or inhuman treatment towards them. The courts also direct the state and other prison authorities to check whether the prisoners are safe inside or not. The court also prohibits the Authorities from using Handcuffs or any other dangerous instrument for punishing Prisoners. The case related to this right is Kadra Pehadiya v. State of Bihar. In this case, 4 petitioners were chained with leg irons, and these petitioners were merely the under-trial petitioners whose trial was still going on. The court showed pity towards the petitioners and asked the officials to remove the leg irons and ordered them that no under-trial prisoner should be detained with the leg irons.
STATISTICS RELATED TO THE UNDER-TRIAL PRISONERS
6
6(n.d.). C O N T E N T S. Retrieved May 14, 2023, from
https://ncrb.gov.in/sites/default/files/PSI-2021/Tables-2021.htm
Methods of Research
The various methods used during the research are various websites from where data and the Information have been collected and it has been written in my own words. To check the plagiarism in the research paper, various websites have been used, one of them being Grammerly.com. During the Research, help had been taken from the Constitution of India, the Code of Criminal Procedure,1973, and the Criminal Law. The government website of the National Crime Records Bureau was taken into account to find the quantitative data regarding the Under-Trial Prisoners of India. The ideas of the college professor were also taken during the research. Various blogs, Articles, and Law Journals were also taken into account. Google Scholar is the website that helped throughout the research.
Suggestions regarding Under-Trial Prisoners:
● There should be legislative reforms for the conditions of under-trial prisoners and they should be allowed Liberty as a normal individual is allowed.
● The Police Authorities and the Courts should keep in mind the time limit to keep them in jails and strictly adhere to the laws and regulations made for the safety of Under-Trials. ● The Under-Trial Prisoners should be treated in a better way than the convicted prisoners.
They should be differentiated in various ways like Under-Trial Prisoners shall have better food and clothes of their own choice. They should be given better medical facilities, and sanitation facilities, and should not be tortured in any way, they should also be allowed to meet their lawyers and relatives.
● The Under-Trial Prisoners should be kept in open prisons so that they can move freely and do anything of their choice except anything against law.
● The Under-Trial Prisoners should be given compensation after their acquittal for keeping them in prison without any reason.
● After they get out of the prison after they are proven innocent, they shall be provided with employment opportunities and educational and vocational skills.
● The pregnant woman should not be kept in the prison for any trial, and if she is kept she should be accommodated separately and with all those benefits that she would have got in her house.
Conclusion
An Under-Trial Prisoner is one who has been charged with no offense yet but because his trial is going on in the court, he is kept in jail for various reasons. The concept of Under-Trial Prisoners follows the legal maxim Innocent until Proven Guilty. But in a country like India, the conditions of the Undertrial Prisoners are worse. The number of Under-Trial prisoners is way more than the number of Convicted Prisoners. Despite of many legal provisions for the prisoners under trial, they face a lot of issues inside the Jail. If a person is rich, he gets bail easily by paying the bail amount but if a poor person is arrested and kept under trial, it is very difficult for them to get bail because they don’t have enough money to get bail and they are even tortured in prisons. Female Prisoners face sexual harassment. Due to the trials getting late, they have to stay in jail for longer periods. India is said to be a Democratic country, but nothing serious has been done to improve the conditions of the Under-Trial Prisoners.
Submitted by – Niyati
College- Maharaja Agrasen Institute of Management Studies Course- BA-LLB
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