The Lost Souls: Shedding Light On The Ordeal Of Undertrial Prisoners In India

Gaurav Kumar Meena, LL.B, Faculty of Law, University of Delhi

ABSTRACT

This paper delves into the plight of undertrial prisoners in India, individuals presumed innocent until proven guilty yet languishing in jails due to systemic issues. Originating from a landmark 1979 Supreme Court decision emphasizing the right to a speedy trial, the term "undertrial" gained clarity in the 78th Law Commission Report. Despite legislative strides, two-thirds of India's prisoners are undertrials, facing challenges exacerbated by the pandemic. This paper navigates the adversities faced by undertrials, ranging from prison bias to societal judgment, unveiling the multifaceted impact on mental health. It scrutinizes the judicial patchwork safeguarding their rights and elucidates the rise in undertrials, attributing responsible factors. The analysis culminates in practical suggestions to revitalize India's criminal justice system, aiming for a fair and just legal process for all. The urgent need for legislative reform is underscored to uphold human dignity and restore public trust in the justice system.