Social Work And Legal Aid: The Role Of Collaboration In Access To Bail For Marginalised People
- IJLLR Journal
- Aug 12
- 1 min read
Avanish Kumar Sonkar, B.A.LL.B., Faculty of Law, BHU LL.M., National Law School of India University. Bengaluru
ABSTRACT
The research paper examines the systemic denial of bail to the marginalised communities in India by highlighting how poverty, caste, and poor legal support intersect to keep undertrial prisoners in jails for extended period of time. Through the real-life cases the paper explores how the bail system disproportionately impacts SCs, STs, OBCs, Muslims, and the illiterate— despite constitutional guarantees of liberty and existing legal reforms. The paper uses data from Prison Statistics India 2022 and drawing on critical legal theory, it reveals how monetary bail conditions and poor legal aid services violate Articles 19 and 21 of the Constitution. It critiques the ineffectiveness of the Legal Services Authorities Act, 1987, and highlights the shortcomings of legal representation, corruption, and wrongful arrests among vulnerable groups. A key contribution of this study is its proposal to integrate NGOs and social workers into the bail process to support poor undertrials. The paper also evaluates the ‘Support for Poor Prisoners’ scheme introduced by the Ministry of Home Affairs and applies Richard Vogler’s three-dimensional framework for bail reform. Using qualitative methodology and secondary sources, the paper offers practical, rights-based recommendations to ensure fairer access to bail for India’s most disadvantaged citizens.
