Behind Bars, Beyond Rights - Humanizing The Plight Of Under Trial Prisoners In Today’s Justice System
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Category: General Law
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BEHIND BARS, BEYOND RIGHTS: HUMANIZING THE
PLIGHT OF UNDER TRIAL PRISONERS IN TODAY’S JUSTICE SYSTEM Anchal Beetan, BA LLB, HIMCAPES College of Law, Una, Himachal Pradesh
ABSTRACT
Human rights are the basic and fundamental rights of each and every person of the world. One gets these rights by virtue of being born as a human being. Each and every person is entitled to these rights irrespective of his nationality, religion, race, gender or any other form of discrimination. Human rights face multifaceted issues at both national and international levels. At national levels, issues like surveillance technologies, discrimination based on race, gender and other related factors, denied access to justice, etc. necessitates the need for equal rights and opportunities for all within nations. At International level, global issues including technology surveillance, various forms of discriminations, civilian casualties, displacements and war, etc. threatens the basic human rights.
This article will cover various contemporary challenges relating to the protection of national and international human rights specifically focusing on how the rights of under trial prisoners are infringed in various ways. This article further covers a number of issues that threatens the basic human rights of under trial prisoners and emphasizes on the importance of humanizing their experiences and ensuring their fundamental rights are preserved throughout the legal processes. Keywords: Under trial prisoners, Sufferings of under trial prisoners, Rights of under trial prisoners, Violation of their human dignity, Discrimination in detention
INTRODUCTION
Humans are no more humane. The human character is degrading day-by-day and it’s hard to find the basic human traits in every human being. Though, the evils in the society are in existence since the ancient times but as the time is passing such malpractices are rising with a huge pace. A stratum of society that is often overlooked and forgotten are the under-trial prisoners, these are those persons who are kept under the judicial custody while their case is under trial, i. e. , they are not convicted guilty of what they are accused of as their case is still being heard. In the Criminal justice system, a narrative of the silent sufferings of the under-trial prisoners, persons waiting for the day that they will be heard in the court of law.
Though, the concept of innocent unless proven guilty is amongst the prominent notions but behind that are the harsh and bitter realities faced by these individuals. This article is a journey into the lives of under trial prisoners showcases the defects of the judicial system and gives a glimpse of the complexities and ill sufferings of the under-trial prisoners, revealing and unleashing their deprivation and how their basic human rights are infringed. This further shed light on the often-overlooked difficulties faced by those awaiting their day in court. UNDER TRIAL PRISONERS AND THEIR SUFFERINGS Under trial prisoners refers to those persons who are kept under the judicial custody while their case is under trial, i. e. , they are not convicted guilty of what they are accused of as their case is still being heard.
According to the 78th Report of the National Law Commission of India (1979)1, under trial prisoners refers to un-convicted prisoners, who have been imprisoned during the period of investigation, inquiry or trial for the offence they are accused of having been committed. In the Criminal justice system, a narrative of the silent sufferings of the under-trial prisoners, persons waiting for the day that they will be heard in the court of law. Though, the concept of
1 National Law Commission of India, “78th Report on the undertrial prisoners” (1979).
innocent unless proven guilty is amongst the prominent notions but behind that are the harsh and bitter realities faced by these individuals. The journey into the lives of under trial prisoners showcases the defects of the judicial system and gives a glimpse of the complexities and ill sufferings of the under-trial prisoners, revealing and unleashing their deprivation and how their basic human rights are infringed. According to the data of the National Crime Records Bureau (NCRB), over the last 10 years, the number of undertrials in jails has risen constantly and peaked in 2021. In 2020, about 76% of all prison inmates in the country were undertrials, of which about 68% were either illiterate or school dropouts. Delhi and J&K were found to have the highest ratio of undertrials in jails at 91%, followed by Bihar and Punjab at 85, and Odisha at 83%.
About 27% of all undertrials were found to be illiterate, and 41% had dropped out before Class X. 2 Majority of the under-trial prisoners are from extremely poor backgrounds and are completely resourceless. They are unable to seek bail due to their poor financial status ad usually fails to avail a surety. Also, imprisonment further degrades the situation of their families, specially of those whose families were completely dependent on them for financial and other aids. Further, they are kept under the same jails where the convicts are kept and some of those prisoners are of extremely immoral character and ruin the atmosphere of others too. Under trial prisoners undergo through violence, physical and mental torture. It becomes extremely difficult for the innocents to survive in such unhealthy environment.
Not just they are badly treated by the jail authorities but are at times badly beaten and poorly treated by other prisoners. Imprisonment deeply effects the social status of a person in the society and even now these are considered as one among the social stigmas. For instance, there was a case in which a police officer was alleged of being associated with a gang of drug smugglers, smuggling drugs from one part of the state to another. A case was filed against him and later, the said police officer was denied bail (non-bailable offence) and was 2 Poor State of Undertrials, available at: https://www. drishtiias. com/daily-updates/daily-newsanalysis/poorstate-of undertrials#:~:text=As%20per%20NCRB%20 (National%20Crime,either%20illiterate%20or%20school%20dropouts (last visited on December 5, 2023). kept under the judicial custody.
Unfortunately, his co-prisoners came to know about the fact that he was a police officer and he was brutally beaten by them. After few days, again, when they were towards their way to the court, he was badly beaten up by them, further degrading his health. We frequently come across news headlines asserting how people secure acquittal after spending years of their life in jails. The following are a few of them: “122 people acquitted after spending 20 years in jail, were accused to be associated with SIMI”. “121 innocent ‘Adivasis’ secured acquittal after spending 5 years in jail”. “11 years in jail under anti-terror law, Kashmir man acquitted of charges”. These are very few among endless incidents where innocents spend years in jail even when they have not committed any wrong. This has a very ill impact on their lives, further degrading their economic and social status.
In an interview, Mohammed Aamir Khan, resident of Delhi stated that on the night of 20 February 1998, he was abducted by a group of policemen and was kept under illegal detention for around one week. During that period, he was brutally beaten and tortured by them. He further stated that even his nails were plucked out with a tool, inhumanly. He further asserted that this incident does not only change his life but completely degraded the life of his family. He was kept in prison for year 14 years without bail. He told that when the blind fold was taken off from his eyes, he saw a group of policemen in civil uniform who offered him around 100150 pages which were blank and asked him to sign them. Later, when he refused to sign those papers, he was brutally beaten up by them. After being constantly tortured for days, unfortunately, at last he had to surrender before them.
He was accused in 20 low intensity bomb blast between December 1996 and October 1997 in Delhi and adjoining areas. He was just 18 when he was arrested, he continued his studies in jail but, later, he said that there was a jailer who had an extremely negative attitude towards those arrested under TADA, POTA or other charges like terrorism and anti-nationalism. Following that, he was kept in solitary confinement for around 5 to 6 months in a cell where there was no sunlight and ventilation. During that period, he suffered from vision loss and memory loss.
Also, from that time he became a patient of high blood pressure. In 2007, he was acquitted from those charges that were alleged on him from Delhi and was transferred to a jail in Ghaziabad. There, a lawyer refused to accept his case because he did not want to fight for someone who was a terrorist so he had no access to legal representative. Later, at last, when he was able to get one, he was acquitted from almost charges by the year 2010. So, out of 17, he was dropped out from 15 charges. Then, he was acquitted of all charges in the year 2012 and he on January 12, 2012, walked out of the prison. He was 18 years old when he was abducted and at the age of 32 years, he was released. So, basically, he spent very vital years of his life in the jail even though he didn’t any crime. 3 This is just an incident among many. People spent a lot of their life in jails and later were acquitted.
They undergo tremendous mental and physical torture which they didn’t deserve. In fact, jails were a place to give them a lesson and bettering lives of those involved in crime. But this has become a really dangerous place and further degrades the character of a person. RIGHTS OF UNDER TRIAL PRISONERS Criminal justice doesn’t only aim at protecting the rights of victims but of the accused and convicts also. No one is born criminal; every person has the right to live with dignity and they must be given fair opportunities and chances for proving their side of the case. While they are under custody they shall be treated well and shouldn’t be subject to any form of ill treatment. As under trials are not even proved guilty, they shall not be treated so. There have been several provisions at both national and international levels for safeguarding their basic human rights.
Human rights being the basic and fundamental rights of each and every person of the world. One gets these rights by virtue of being born as a human being. Each and every person is entitled to these rights irrespective of his nationality, religion, race, gender or any other form of discrimination. The General Assembly of the United Nations adopted The Universal Declaration of Human Rights (UDHR) in the year 1948. The UDHR serves as a foundational document articulating a common standard of human rights for all people. Despite this, there are a number of other treaties, conventions, bodies, etc. that collectively contribute to evolving the framework of
3 Interview with Mohammed Amir Khan (was an under-trial prisoner), The Quint, March 3,2016).
international human rights, reflecting a commitment and dedication to safeguarding the inherent dignity and rights of all the individuals of the world. 4 Article 3-11 of the UDHR,1948 identifies rights of undertrial prisoners by mentioning of the guarantee to liberty and life, no inhuman or cruel treatment, no arbitrary arrest, effective remedy in courts, presumption of innocence, etc. India being a signatory UDHR has to ensure these rights. Different nations have different laws guiding the conduct of their citizens but every country ensure to entitle their citizens with the basic human rights. In India, there are several provisions that have been made in order to protect the life and dignity of under trial prisoners. Various articles have been enshrined in the Indian constitution that safeguards the interests of the under trials.
Most legal systems recognize the fundamental right of individuals to have legal representation. This extends to undertrial prisoners, affirming their right to legal aid to ensure a fair trial. Many national constitutions explicitly guarantee the right to legal aid. These provisions provide assistance to those who cannot afford legal representation, including undertrial prisoners. International human rights instruments, such as the Universal Declaration of Human Rights has various for safeguarding their interests. Sec 304, CrPC ensures that if the accused do not have sufficient resources to hire a legal advisor, he shall be so provided with the one whose expenses shall be borne by the State. In Khatri v.
State of Bihar5, the Court held that it is a constitutional obligation to provide the accused with the legal aid and it emerges from time to time the accused is produced before the magistrate for the first time and continues to whatever point he is delivered for remand. Section 436-A, CrPC states that an undertrial prisoner who isn’t accused with an offence punishable with life imprisonment or death should be released on personal bond if he has spent half of the maximum sentence prescribed for the offence. In Moti Ram & others V. State of Madhya Pradesh6, the court held that bail is a rule and jail is an exception. Because if after the completion of trial, it is proved that he has not committed 4 Universal Declaration of Human Rights, available at: https://www. un. org/en/about/-us/universal-declarationofhuman-rights (last visited on December 5, 2023).
5 1981 SCR (2) 408 1981 SCC (1) 627.
6 1978 AIR 1594, 1979 SCR (1) 335.
any crime, then it will be great injustice to keep him in jail and not leave him till the end of the trial. Article 20(2) deals with protection against double jeopardy. It states that no person shall be punished for the same offence twice. Undertrial prisoners, like any accused individuals, cannot be tried for the same offence twice. This protects them from the risk of facing repeated legal proceedings for the same alleged wrongdoing. Article 20(3) deals with protection against self-incrimination. It states that no person accused of any offence shall be compelled to be a witness against himself. This principle allows individuals to refuse to answer the questions that provide evidence which may incriminate them.
Article 21 of the Indian constitution provides for the right to Legal Aid which is considered an integral part of the right to life and personal liberty this implies that individuals who cannot afford legal representation are entitled to receive free legal assistance. The provision aims to ensure that justice is accessible to all irrespective of financial means and the scores the importance of a fair legal process. Article 21: Presumption of innocence is a legal principle that assumes a person is innocent until proven guilty in a court of law at for the states that individuals shall be treated as if they have never committed a crime under the evidence proves otherwise. Therefore, the under-trial prisoners are presumed to be innocent unless their guilt is proved in the court of law.
Article 21 of the constitution, the under-trial prisoners have been provided with the right to fair and speedy trial. The right to a speedy trial for under trial prisoners emphasizes the need for legal proceedings to be conducted without undue delay. This is particularly crucial to prevent prolonged pretrial detention, safeguarding their rights and well-being. The right to a fair and speedy trial extends to the appellate process. If convicted, under trial prisoners have the right to appeal, and this process should also be conducted without undue delay. Under trial prisoners have the right to be held in humane conditions during their detention. This includes access to basic amenities, healthcare, and protection from any form of abuse or torture. Under trial prisoners have the right to know the evidence against them.
This allows them to prepare a defence and ensures transparency in the legal process. In many legal systems, trials are conducted in public, allowing scrutiny and ensuring transparency. However, there may be considerations for privacy or national security in some cases. The right to challenge the lawfulness of detention, often through the writ of habeas corpus, is crucial for under trial prisoners. This allows them to seek release if their detention is found to be unjust. These are considered as one of the fundamental rights of an individual. These ensures that individuals are not subjected to prolonged periods of uncertainty and delay in the legal process.
The right to a speedy trial emphasizes the presumption of Innocence and all accused in the individuals to be released from custody under certain conditions while waiting trial but they can be granted bail only in bailable offences and not otherwise. In Hussainara Khatoon v State of Bihar7, the supreme court held that speedy justice is a fundamental right under Article 21 and all detainees have a right to fair trial within reasonable time. Article 22(2), Indian Constitution & Section 57, CrPC states that every person so arrested has the right to be produced before the magistrate within 24 hours of arrest. Article 39-A of the Indian constitution states that it is the obligation of the state to see that the legal system advances justice based on equal opportunity for its entire citizens.
Therefore, it should give free legal aid to individuals who cannot afford it due to economic or other disabilities. Despite the above mentioned, there are endless laws and judicial precedents that aim to protect the lives of the under-trial prisoners to the extent possible. ADDRESSING VIOLATIONS OF HUMAN DIGNITY IN DETENTION Human dignity justifies human right. It is the inherent right of every person to be valued and to be treated morally. Each and every person is entitled to live with dignity irrespective of anything or everything. Instead of various provisions that are enacted for safeguarding their interests, the under-trial prisoners’ dignity is highly infringed in detention. It could be enumerated as the following:
7 1979 AIR 1369, 1979 SCR (3) 532.
Overcrowded and unsanitary conditions, lack of access to proper healthcare, and inadequate nutrition contribute to the degradation of human dignity for those in detention. Any form of physical or psychological abuse, including torture, harassment, or degrading treatment by authorities or fellow detainees, constitutes a severe violation of human dignity. Withholding essential needs such as food, water, clothing, and proper hygiene facilities not only degrades physical well-being but also erodes the basic dignity of individuals in detention. Detainees are subjected to discrimination based on factors such as race, gender, religion, or nationality, leading to a violation of their dignity and fundamental rights. The detainees are hardly given opportunities to communicate with the outside world.
Though, at times it is required to ensure public order and safety but the innocents are at times the ones who suffer and are left isolated and all this leads to the infringement of their basic human rights. Prolonged isolation or solitary confinement, especially without legitimate reasons, can have severe psychological effects and is considered a violation of human dignity. Invasion of privacy through constant surveillance, lack of personal space, or improper strip searches undermines an individual's sense of personal dignity. Without adequate access to legal representatives, the detainees feel helpless and are unable to assert their rights or challenge their detention appropriately. To understand their plights, it is necessary to go beyond legal frameworks. Undertrial prisoners often endure prolonged periods of detention, sometimes exceeding the sentence they might eventually receive.
This not only violates the principle of "innocent until proven guilty" but also exposes them to the harsh realities of prison life without the certainty of guilt. Many prisons around the world grapple with overcrowding issues, and undertrial prisoners bear the brunt of this problem. The crowded living conditions exacerbate health risks, hinder rehabilitation efforts, and contribute to an environment ripe for conflict. The legal processes can be protracted, leaving undertrial prisoners in a state of limbo. The uncertainty of their fate can have detrimental effects on mental health, leading to anxiety, depression, and a sense of hopelessness. Despite the right to legal representation, undertrial prisoners often face challenges in accessing adequate legal aid. Financial constraints and bureaucratic hurdles can impede their ability to mount a robust defence.
Families of undertrial prisoners also bear the burden of the legal proceedings. Loss of income, social stigma, and emotional distress become part of their daily lives, contributing to the collateral consequences of lengthy legal battles.
Society often stigmatizes undertrial prisoners, assuming guilt based on their incarceration. This presumption can affect their reputation, employability, and community relationships even before a verdict is reached. Undertrial prisoners may face challenges in receiving timely and adequate healthcare. Existing health conditions can worsen, and new issues may arise due to limited medical facilities and resources within prisons. ADDRESSING DISCRIMINATION IN DETENTION Discrimination in detention refers to the unjust and differential treatment of individuals based on certain characteristics, such as race, ethnicity, gender, religion, nationality, sexual orientation, or other protected attributes. This discriminatory behaviour within detention settings can manifest in various ways, leading to serious human rights violations.
Some examples include: Detainees may face discrimination based on their race or ethnicity, affecting their treatment by authorities, access to resources, and overall experience in detention. There are times where the jailers favour detainees of the same race and poorly treat those belonging to others. Female and LGBTQ+ detainees may encounter discrimination, including harassment or violence, due to their gender or sexual orientation. This leads to an extremely unsafe environment for such detainees. We come across news headlines stating women being raped by some officials of the jail authorities and at times how LGBTQ+ are ill-treated. In Sheela Barse v State of Maharashtra8, the court issued various directions aiming at improving the conditions of women prisoners and provided certain adequate steps for bettering their conditions in the custody.
Detainees may be targeted based on their religious beliefs, facing unfair treatment, denial of religious practices, or hostility from both staff and fellow detainees. Also, at times the detainees are denied access to a legal representative due to their religion and of them being alleged to associated with anti-national activities. Individuals from specific nationalities may be subjected to prejudiced treatment, potentially affecting their access to legal representation, communication privileges, or overall treatment
8 (1987) 4 SCC 373.
within the detention facility. For instance, a south African alleged that he went through a lot of mental and physical torture throughout his detention period by the co-prisoners. Also, certain groups, such as refugees, asylum seekers, or those with mental health issues, may experience discrimination, limiting their access to support services. Further, detainees who do not speak the dominant language or come from different cultural backgrounds may face challenges in communication and understanding, leading to isolation and potential mistreatment. Economic disparities can contribute to discrimination, the detainees hailing from poor families potentially face disadvantages in terms of access to legal representation, hygiene facilities, or overall living conditions.
As per the recent data, the majority of the under-trial prisoners come from poor socioeconomic backgrounds and are unable to furnish security and following which are unable to get bail and at last have no other option but to spend their lives in jails unless acquitted. Addressing discrimination in detention requires a comprehensive approach, including: Strengthening legal frameworks to explicitly prohibit discrimination and promote equal treatment within detention facilities is actually required. Providing training for detention facility staff on cultural competency, diversity, and human rights to reduce discriminatory behaviour may benefit to some extent and they shall be legally and morally bound to not discriminate the detainees on any basis. Regular and independent monitoring of detention facilities to identify and address instances of discrimination.
There shall be proper instalment of such monitoring devices and there must be some impartial officials keeping check on such activities. Ensuring that all detainees have equal access to legal representation and a fair judicial process, irrespective of their background.
CONCLUSION
It becomes evident that alike every other issue this problem has somewhat similar cause. There have been several laws formulated to safeguard human interests but despite that very little are being implemented and obeyed to. This is not merely a subject of debate but a call to action. Moving forward it is our shared responsibility to not infringe the rights of others while exercising our rights. We all shall be obedient and aware citizens and shall aim at imparting knowledge and wisdom, spreading awareness among people and be sensitive towards other human creatures. The plight of undertrial prisoners is a multifaceted issue that demands attention from both policymakers and society at large. Reforms in the legal system, increased access to legal aid, and efforts to mitigate the impact on families can contribute to a more just and humane treatment of those awaiting their day in court.
This article serves as a reminder that even in the most difficult circumstances there do exist a hope that should fuel our determination to collectively raise human standards.