Prison Reforms & Undertrial Rights: Analyzing The Plight Of Prisoners In The Indian Criminal Justice System
- IJLLR Journal
- 6 days ago
- 1 min read
Adil Aziz Khan, Advocate, Allahabad High Court, Lucknow Bench (Panel Counsel: Legal Services Committee, High Court, Lucknow)
ABSTRACT
The Indian criminal justice system is plagued by systemic delays, particularly affecting undertrial prisoners who constitute nearly 70% of the incarcerated population. This paper critically examines the intersection of prison reforms and undertrial rights, analyzing the legal, institutional, and socio-economic factors contributing to prolonged detention without trial. Despite constitutional safeguards under Article 21 (right to life and personal liberty) and statutory provisions like Section 436A of the CrPC (mandating release after half the maximum sentence), undertrials often endure extended incarceration due to procedural inefficiencies, case backlog, and socio- economic disparities in accessing bail.
The study evaluates judicial interventions, including landmark rulings such as Hussainara Khatoon v. State of Bihar (1979) and Re: Inhuman Conditions in 1382 Prisons (2017), alongside recent reforms like fast-track courts and plea bargaining. It also highlights structural challenges understaffed judiciary, inadequate legal aid, and discriminatory bail practices that perpetuate delays. By adopting a socio-legal approach, the paper argues for systemic reforms, including robust implementation ofbail guidelines, expanded legal aid mechanisms, and technology-driven case management.
Ultimately, the research underscores the urgent need for a rights-based prison reform agenda to align India’s criminal justice system with constitutional ideals of fairness and expediency. The findings aim to contribute to policy discourse on reducing undertrial detention and ensuring justice delivery in line with international human rights standards.
Keywords: Prison Reforms, Undertrial Rights, Criminal Justice Delays, Bail Jurisprudence, Legal Aid, Article 21, CrPC Section 436A/BNSS Section 476
