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. We 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? We need 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. 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.
Vikas Parashram Meshram is a social worker and activist working towards the rights of tribal and marginalized communities. [email protected]
