Overview: Inhumane Conditions of Undertrial Prisoners in India

“Justice delayed is justice denied”, A phrase that expresses the frustration and unpleasant experience by countless individuals in the legal system. In India where we see that legal proceedings stretch for years, Justice delayed has become a great issue. The main concern in this is the undertrial prisoners. Undertrial prisoners constitute one of the majority portions in the Indian imprisoned population. These undertrial prisoners, many of whom are not yet convicted of any crime, face severe and inhumane conditions that highlight significant gaps in the justice system.

The Reality of Undertrial Prisoners

A great proportion of Indian legal system are undertrial prisoners, undertrials are those who have yet to be convicted of their crime but are kept locked up in jail while on trial. Many spend long years behind bars for mere minor offenses. This all results from the slow mechanisms involved in the legal system where lots of delays occur due to overburdening in most cases.

Conditions in Indian prisons are in many instances hardly human. There are issues like overcrowding in the jail whereby the prisoners kept in a cell are way more than they are designed to hold. There are problems of unhealthy sanitation conditions; lack of proper food and healthcare issue. One finds less hygiene because they spend the time between very limited portions, most cases overcrowding also deny prisoners humane care as expected.

Mental Health Issues

Mental health issues concerning undertrial prisoners in India that are largely ignored in the criminal justice system. There are issues like:

• Prevalence of Mental Health Disorders: A significant percentage of the undertrial prisoners, which is approximately 30%, have mental health disorders, such as anxiety, depression, and PTSD, and the rate is much higher than the general population.
• Long-term Imprisonment: This, because of indefinite duration when imprisonment becomes indefinite without solving the problems at hand will lead to chronic depression and suicidal tendencies through constant anxiousness and despair.
• Sub-optimal Detention Situations: Poor living and dwelling conditions with over-capacity in prison settings or suboptimal facilities to hold those who have committed criminal and penal offenses increase instances of mental disorders.
• Discrimination and Support Not Encouraged: This negative perception toward mental diseases ensures that people avoid presenting cases to health personnel once detected. Also, inmates tend to find very minimal people trained on handling mentally incompetent individuals in correction facilities and other prison services.
• Access to Mental Health Care: Access to mental health services is severely limited by the paucity of resources, bureaucratic hurdles, and absence of routine mental health checkups.
• Legal and Human Rights Considerations: The right to mental health is also recognized within human rights contexts, particularly Article 21 of the Indian Constitution. Inadequate mental health care could be considered as a violation of these rights.

In essence, this will denote that the Indian undertrial prisoner's mental health conditions need faster response and changes for them to be observed well and their rights upheld.

Important Court Cases

Several court cases have highlighted the issues faced by undertrial prisoners and pushed for reforms:

• Hussainara Khatoon v. State of Bihar, 1979:

It was here held that every citizen had a right to get speedy trial. The Supreme Court of India held that the man cannot be detained such a long time in the jail without trial. This judgment itself led to releasing thousands of undertrials.

• Maneka Gandhi v. Union of India, 1978:

The right to life and personal liberty in the Constitution was interpreted very widely. Such rights, said the Supreme Court, include the right to live with dignity, even by prisoners.

• Khatri v. State of Bihar, 1981:

Supreme Court held that government should provide legal aid for the persons who cannot afford. It is of much importance for undertrial prisoners ensuring proper representation of them in courts.

• Sunil Batra v. Delhi Administration, 1978:

The Supreme Court held that torture or such other cruel, inhuman treatment is altogether prohibited by the court to be exercised on a prisoner. The case has also added force to the law proposition of the fact that no prisoner abdicates even any one of the fundamental rights merely on his judicial status.

The Need for Change

Judicial Reforms Towards Quicker Trials:

• Judge Strength- Increase the strength to bring down the backlog in courts.
• Alternative Dispute Resolution Mechanism- Encourage more and more use of Alternative Dispute Resolution for lighter trial burden.
• Harness Technology - Digital case management, video conferencing are all there to improve upon court processes.

Legal Support and Counsel:

• Increase allocation and grant more funds, increase number of resources including trained counsel for legal aid scheme.
• Promote legal literacy drive through prison awareness programmes where they know their rights during and post imprisonment.
• Enhancement of Prison Environment.
• Overcrowding should be addressed through new facility constructions and bail policies reform.
• Basic amenities such as food, sanitation, and healthcare services should be offered.
• Improve mental health by providing new facilities and access to psychological health care.

Human Rights Training on Prison Staff:

• The members should be trained on matters of mental health to better recognize and handle them accordingly.
• Dignity should be promoted and maintained, treating all the inmates appropriately
• Strengthen the oversight mechanisms
• Independent institutions should conduct frequent inspections.
• Make the prison conditions report public for accountability.

Community and Socio-economic Support:

• Making people understand the rights undertrial prisoners have, support their change.
• Make inmates after jail reintegration to discourage re-incarceration due to former prisoners. Help people welcome former prisoners and avoid societal rejection.

Conclusion

Undertrial prisoners in India reflect clearly the need for change. Fair treatment and humane conditions for prisoners awaiting trial is legally as well as morally obligated to be cared for. A just society will take care of a prisoner's rights regardless of how dire their circumstances may be. These issues will help work towards a more equitable and a considerably fair legal situation for everyone.

References

Image Source:https://www.livelaw.in/cms/wp-content/uploads/2015/10/Indian-Jails-min.jpg

1. Hussainara Khatoon v. State of Bihar, (1979) 3 SCC 688.
2. Maneka Gandhi v. Union of India, (1978) 1 SCC 248.
3. Khatri v. State of Bihar, (1981) 1 SCC 627.
4. Sunil Batra v. Delhi Administration, (1978) 4 SCC 494.
5. National Crime Records Bureau, Prison Statistics India (2020)
6. National Human Rights Commission, Report on Mental Health in India (2021)
7. World Health Organization, Mental Health in Prisons: A Global Perspective (2014)
8. Nitin Sethi, "The Inhumanity of the Indian Jail System," The Indian Express, July 5, 2021

The author affirms that this article is an entirely original work, never before submitted for publication at any journal, blog or other publication avenue. Any unintentional resemblance to previously published material is purely coincidental. This article is intended solely for academic and scholarly discussion. The author takes personal responsibility for any potential infringement of intellectual property rights belonging to any individuals, organizations, governments, or institutions