Over 70% of India’s prisoners still awaiting trial: SC judge, Pg8

Key Highlights:

• Vanita Devi, accused of killing her children in 2017, was granted bail in 2022 after spending five years in jail.
• The Square Circle Clinic, a Fair Trial Programme (FTP) of NALSAR University of Law, assisted Ms. Devi and has handled over 5,000 cases since 2019.
• A report by the Square Circle Clinic revealed that 41.3% of accused undertrials had no lawyer, and 51% lacked necessary trial documents.
• Justice Vikram Nath of the Supreme Court highlighted that over 70% of India's prison population are undertrials, with only 7.91% utilizing available legal aid.

Access to Legal Support Among Undertrials.png

Detailed Insights:

• NALSAR's Fair Trial Programme (FTP), through the Square Circle Clinic, works with undertrials in Nagpur and Yerawada Central Prisons since 2019.
• The Square Circle Clinic's report (2019-2024) indicates that 67.6% of undertrials belonged to disadvantaged castes and 79.8% worked in the unorganized sector, highlighting socio-economic vulnerabilities.
• The clinic filed bail applications in 1,834 cases, securing disposal in 777 cases and releasing 1,388 clients across 2,542 cases over five years.
• Justice Nath criticized the routine filing of bail applications without proper documentation or consideration of the accused's ability to meet bail conditions, leading to prolonged detention.
• Many undertrials spend time in prison exceeding the maximum sentence for their alleged crimes, indicating systemic failures in the legal aid and bail processes.

Key Concepts Involved:

• Undertrial: A person who is currently in judicial custody awaiting completion of their trial.
• Legal Aid: Free legal services provided to those who cannot afford legal representation.
• Bail: The temporary release of an accused person awaiting trial, often with conditions.