76% Prisoners Are Undertrials, Many Languish In Jails Due To Lack Of Legal Aid: Justice BR Gavai

Supreme Court Judge Justice BR Gavai said that empowering marginalized citizens is not just a matter of legal or economic support but they should also be equipped to advocate for themselves.Justice BR Gavai, who was recently appointed as the Executive Chairman of the National Legal Services Authority, was invited as the chief guest at the conference titled "Authorities for Empowering the Marginalized and a Step Towards Social Justice: Achievements and Roadmap" organised by the State Legal Services Authorities of Punjab, Haryana, and U.T. Chandigarh.Justice Gavai spoke on the role of legal services authorities in protecting prisoners' rights and care of their children and family."Their plight becomes concerning because 76 percent of the prisoners are undertrials, i.e. they have not been found guilty yet. Many of them may be languishing in prisons due to a lack of access to legal aid," added the judge.Justice Gavai highlighted that a major hindrance to prisoners accessing their rights is their lack of awareness about the legal protections and services available and to address this, raising legal awareness within prisons is crucial.Output In Providing Legal Assistance At Pre-Arrest Remand Stage Critically LowJustice Gavai expressed concern over "critically low" output in providing legal assistance at the pre-arrest, arrest and remand stage.Referring to data the judge said, "From January, 2024 to August, 2024, pan India, 24,173 persons were given legal assistance at the Pre-Arrest Stage in Police Stations, 23,079 persons were given legal assistance at the Arrest Stage; and 2,25,134 persons were given legal assistance at the Remand Stage."The judge opined that strengthening legal aid at pre- arrest, arrest and remand stage is essential to ensure that individuals receive timely assistance before formal detention.Justice BR Gavai also pointed out the role of legal services authorities in supporting the families of prisoners."This involves collaboration with social welfare departments, NGOs, Child Welfare Committees, and other support networks to provide counselling, financial assistance, and educational resources for children affected by parental incarceration. Additionally, legal services authorities can facilitate opportunities for family visits and communication, recognizing that maintaining these bonds can be essential for the mental well-being of both prisoners and their families," added the judge.Justice Gavai further referred to Suhas Chakma v. Union of India, wherein the Supreme Court passed a slew of directions on the aspect of awareness .The event was also attended by Supreme Court judges, including Justices Surya Kant, Rajesh Bindal, and AG Masih.The Chief Justice of Punjab & Haryana High Court Sheel Nagu, Chief Justice of Jammu & Kashmir and Ladakh Justice Tashi Rabstan, and the Acting Chief Justice of Himachal Pradesh also addressed the conference. Judges from the Punjab and Haryana High Court, as well as Registrar (Vigilance) Kamaljit Lamba, were also present.In line with technological advancements, during the conference the 'Facility To Deposit Costs Through QR Code' and 'Online Portal For Accounts' was unveiled.

76% Prisoners Are Undertrials, Many Languish In Jails Due To Lack Of Legal Aid: Justice BR Gavai

Aiman J. Chishti

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