ABSTRACT:
Every person has the right to live with dignity, even the person who is convicted of an offense or is under trial. But the Under Trial are not treated with dignity are forced to live in inhumane conditions are denied basic amenities necessary for living. This research paper delves into the rights of Under-trial prisoners in India and what difficulties are faced by them in the jails.
According to reports under trial prisoners account for 76% of the total population in jail. More persons are awaiting trial in the jails as compared to convicted persons and this is also one of the major reasons for the overcrowding of the Jails. Despite the provisions enshrined under the Criminal Procedure Code and Indian Constitution, this problem of trial prisoners kept on increasing because of lacunas in the implementation of such provisions in reality.
Further, this research paper discusses that how the Supreme Court has promoted the Protection of Under-trial prisoners and has maintained their dignity by passing various judgments. To conclude this research paper certain suggestions have been given to tackle the problems of under-trial prisoners.
Keywords: Under trial, Prison, Rights, Convicted, Abuse, Inhumane Treatment.
INTRODUCTION:
The Indian Criminal Justice System believes that an individual is innocent unless and until proven guilty. However, to guarantee a fair trial, anyone who is suspected of committing any crime is detained so they cannot intervene in the legal process. These persons are known as Under Trial Prisoners. According to the National Human Rights Commission “An under-trial prisoner means a person kept in prison (judicial custody) while the charges against him or her are being tried before a competent court.”
Under-trial prisoners are one of the major reasons for the overcrowding of jails. According to the Prison Statistics India report for 2020 by the National Crime Records Bureau three out of every four persons, i.e. 76.1 percent of all persons held in India’s prisons are under trial. Out of India’s total of 4,88,511 prisoners as of 31 December 2020, reportedly 3,71,848 persons, or 76.1 percent of inmates were under trial. The remaining 23 percent (1,12,589 prisoners) were convicts and 0.7 percent (3,590 prisoners) were detenues.
The state of the under trial is awful because the food is unfit for consumption, the beds and bunks are not good, and the cells are dark and poorly ventilated. Many rights are available under trials like the right to a speedy trial, the right to legal representation, the right to legal aid, and many more, but in real, pity none of these rights are rigorously enforced.
RESEARCH METHODOLOGY:
The Data collection for research was restricted to only the primary and secondary sources. In the constitution of India, Judgments of Courts are the Primary Sources whereas Articles, Journals, and Newspapers are the Secondary Sources for data collection.
DIFFICULTIES FACED BY UNDER TRIALS:
There are around 0.2 million under trial in the jails which are being neglected. Due to all this all the under-trial prisoners go through mental and physical pain. Various difficulties are being faced by the under trial in the Jail.
- Over Crowding: It is one of the foremost difficulties that is being faced by the under-t trials in the Jail. It is very evident from the 2020 NCRB Prison Statistics Report that how about 76% of inmates in the Jail are Under trial and are awaiting the decision of the court. This is because of the burden of Cases in court, the inability to pay for Bail, the difficulty of legal representation, etc.
- Poor Conditions: The Conditions in which the inmates are kept very unhygienic and poor. The cells are small where the inmates are kept and within that, a toilet is present in the open leading to the spread of diseases. Foods that are given to them are not that nutritious. Trials are kept with the convicts even though they have not been proven guilty yet. They were kept under the same circumstances as that of convicts.
- Abuse & Violence: Under trials have to face abuse in Jail. They are tortured by the Jail staff and the inmates with whom they are kept. There are various instances where under trials have faced violence and one such incident was highlighted in the case of Khatri v. State Of Bihar where police poured acid into the eyes of 33 pre-trial detainees in Bhagalpur, Bihar.
- Family Negligence: The under trials are kept under the Jail as they are unable to furnish the Bail. Sometimes there are situations where under trials are the only breadwinner of the family. All this makes it very hardship for the family to survive. It even gets harder for the husband and wife to get together.
- Effects of other convicts on trials: Even though the presence strict guidelines that under trials will be kept separate from convicts, they all are kept together due to overcrowding in Jail. These ruthless criminals have an impact on those going through trials, which makes the mind of the under-trial itself turn criminal. There are circumstances in which children are housed with violent offenders, and this affects the child’s general psychology.
- Conditions of Women Prisoners: The Conditions of women under trial are even worse. They are not provided with the proper hygiene and sanitation conditions. These women prisoners also became victims of Sexual Harassment, Rape, and Abuse both by male inmates and Prison Staff. A very recent incident came into the limelight where women inmates got pregnant, while in custody, and as many as 196 babies were born in different prisons across West Bengal.
RIGHTS OF UNDER-TRIAL PRISONERS:
Both trials and convicts have almost the same rights but certain rights are available only to the under trial.
- Right to be released under Section 436-A of the CrPC: Section 436-A of the Criminal Procedure Code grants the right to release to under-trial convicts who have completed half of the maximum sentence in jail.
- Right to be released on Bail under Section 436 of the CrPC: If a person is accused of a bailable offense and is ready to furnish Bail, such person shall be allowed to be released on Bail under Sec 436 of the CrPC.
- Right to be released on bail in cases pending for more than 2 years: The Supreme Court has periodically issued ‘one-time’ directions in cases like Supreme Court Legal Aid Committee v. Union of India and Shaheen Welfare Assn. v. Union of India, directing that the Under-trial prisoners charged with murder can be released on bail if their cases were pending for two years or more.
- Right to be released on Bail where investigation has not been completed within stipulated time under Section 167 of CrPC: If the investigation is not finished within 90 days for offenses carrying a maximum sentence of death, life in prison, or ten years in prison, and 60 days for all other offenses, the offender must be released on a bail bond, provided that he is prepared to furnish bail. This clause protects the accused from being imprisoned if the investigating agency is unable to complete its inquiry.
- The under-trial prisoners are entitled to separate accommodation
- They have the right to bail, prompt court hearings, access to lawyers and Friends in preparation for defense, and special rights relating to food, clothing, Work, and visits
- They cannot be allotted any work unless they so desire
- They can consult their own doctors
THE ROLE PLAYED BY THE JUDICIARY FOR PROTECTION OF THE UNDER TRIALS:
The Supreme Court of India through its various judgments has served the interests of the trial prisoners and has promoted their fundamental rights by widening the scope of Article 22 of the Indian Constitution which talks about the Protection of Life and Personal Liberty. It guarantees that everyone, including those who are accused of crimes, receives fair legal representation and is treated with dignity. Through its positive Approach and Activism, the Indian judiciary has served as an institution for providing effective Remedies against the violations of Human Rights.
- Right to know grounds of Arrest: Section 50 of CrPC says that every police officer or any other person who is authorized to arrest a person without a warrant should inform the arrested person about the offense for which he is Arrested and other grounds for such an arrest. It is the duty of the police officer and he cannot refuse it. Article 22(1)of the Constitution of India also states that no police officer should arrest any person without informing the ground of arrest. In the case of Udaybhan Shuki v. State of Uttar Pradesh, it was decided that an arrested person’s right to know the reason for their detention is a valuable one. This enables the individual who has been arrested to appear in court promptly to request bail, correct any errors, and start preparing his defense.
- Right to Speedy Trial: “Justice Delayed is Justice Denied” is a common phrase used in Courts which is one of the main principles of Criminal Administration. This principle is considered one of the fundamental rights of the Prisoners to save them from unnecessary harassment. In the landmark case of Hussianara Khatoon v. State of Bihar, 1979, the Supreme Court ruled that a speedy trial is a fundamental component of Article 21 of the Indian Constitution and that it is the state’s constitutional obligation to establish a mechanism that would guarantee a speedy trial for the accused. It is necessary to prevent unnecessary delays and to make sure that the trial’s procedures are all followed correctly.
- Right to be produced before a Magistrate within 24 hours: Section 76 of CrPC and Article 22 clause 2 of the Indian Constitution provide that the accused must be produced before the magistrate within 24 hours of arrest excluding the time of journey. In the case of Khatri v. State of Bihar, SC has strongly urged upon the State and its police to ensure that this constitutional and legal requirement of bringing an arrested person before a judicial magistrate within 24 hours should be met.
- Right against inhumane treatment: Prisoners have rights against inhumane treatment and the Judiciary must ensure a safe environment for the under-trial prisoners. In the case of D.K. Basu vs the State of West Bengal the Apex Court laid down various guidelines for the protection of the Under Trial Prisoners and ensured that the dignity of such prisoners should be maintained.
- Right against Hand Cuffing: In the case of Prem Shankar v. Delhi Administration it was held that prisoners are given the right not to be handcuffed unless exceptional circumstances arise as it is arbitrary and is a violation of the dignity of the prisoners.
DISPARITIES IN LEGISLATION:
The British lawmakers passed the Prison Act in 1894, which deals with the laws governing prisons in India. This Act did not advance the well-being of the inmates in any manner because it was previously thought that inmates ought to be treated harshly and deprived of all human necessities. This Act was deficient in several aspects, including the fact that it did not include provisions for the rehabilitation of offenders or particular measures for female inmates.
After independence, several laws about prisoners’ rights were passed, but none of them were enough. The Mulla Committee made several suggestions, however none of them were ever carried out. The number of people undergoing trials in jail is rising daily despite multiple laws, and their living conditions are deteriorating daily as well.
SUGGESTIONS:
Due to a lacuna in our judiciary administration system, there is overcrowding of jails and it is because of all this there are 3 out of every 4 prisoners are under trial. Various steps should be taken to tackle the problem of Under Trial Prisoners.
- More lawyers should be appointed. There should be at least one lawyer for every 30 prisoners.
- Special fast-track courts should be established to exclusively deal with the cases of Trial Prisoners.
- The court should try to award sentences like fines rather than imprisonment.
- Outside court settlement, Alternative Dispute resolution methods should be used for the settlement of disputes.
- Cases must be settled within the given time frame.
- Under trial prisoners and convicts should be kept in separate cells.
CONCLUSION:
The large Backlog of cases and slow redressal of the matter of the under trial are the major reasons for the large no. of under-trial prisoners in Indian Jails. Despite the large no. of legislation, this problem of Trial Prisoners is not resolved and is getting worse day by day. These under-trial prisoners also have the right to live with dignity, but the conditions in which they are being violate their fundamental rights. Now it is high time that both centre, state, and judiciary join hands together and should take steps to solve this problem of Under Trial Prisoners.
Sargam Bansal
G.H.G Institute of Law, Sidhwan Khurd