Supreme Court Judge Highlights High Percentage of Undertrials in Indian Prisons
Supreme Court Justice Vikram Nath highlighted a disturbing trend where over 70% of India's prison population consists of undertrials who have not been found guilty. Speaking at the release of a NALSAR report, he noted that only 7.91% of these prisoners utilized available legal aid, primarily because they were unaware of their right to free legal help. The report by the Square Circle Clinic revealed that many undertrials spend more time in jail than the maximum sentence for their alleged offenses. A significant majority of these individuals belong to disadvantaged caste groups and the unorganized sector, facing systemic barriers to justice.
Key Points
- Over 70% of the Indian prison population consists of undertrials awaiting the conclusion of their legal cases.
- Only 7.91% of undertrials utilize free legal aid due to a lack of awareness regarding their constitutional rights.
- Approximately 67.6% of the undertrials covered in the NALSAR study belonged to disadvantaged caste groups.
- Justice Nath criticized the mechanical filing of bail applications by lawyers without adequate supporting documentation for the accused.
Exam Facts
- Article 39A of the Constitution mandates the state to provide free legal aid to the poor.
- National Legal Services Authority (NALSA) is the primary body for legal aid in India.
- The report was prepared by the Square Circle Clinic of NALSAR University of Law.
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