People Remaining Behind Bars As Undertrials A Disturbing Trend : Supreme Court Judge Justice SK Kaul

Justice Sanjay Kishan Kaul, Supreme Court judge and Executive Chairperson of the the National Legal Services Authority (NALSA), expressed concerns about the situation of undertrial prisoners.

"We could not have a scenario where we perceive that the only punishment that can be delivered is keeping people at the undertrial stage irrespective of whether the prosecution has the ability to get the conviction ultimately", he said while speaking at the launch of Under Trial Review Committee (UTRC) Special Campaign 2023, by the National Legal Services Authority (NALSA).

“This is a disturbing trend which I find, where people remain behind bars as undertrial, and the presumption is, whether they are able to get the conviction or not, this is what maybe the punishment or sentence is.”

The Under Trial Review Committee (UTRC) Special Campaign will be undertaken from 18th September to 20th November, 2023 across all the districts of India.

The campaign will accelerate the existing functioning of the Under Trial Review Committees (UTRCs), which are district level bodies headed by the respective District & Sessions Judges with the District Magistrates, Superintendents of Police, Secretaries, District Legal Services Authorities and Officers-in-Charge of Prisons as its member.

Constituted in furtherance of the directions of the Supreme Court of India in the case of In Re-Inhuman Conditions in 1382 Prisons in 2015, the UTRCs have in the last five years, recommended the release of over two lakh prisoners which has resulted in the release of 91,703 prisoners across India.

NALSA’s campaign ‘Release_UTRC@75’ undertaken in July and August of 2022 had led to 47,618 recommendations for release, out of which 37,220 prisoners were released.

Recently, the Supreme Court in Sonadhar Versus the State of Chhattisgarh had directed NALSA to identify all the undertrial prisoners who have been granted bail but are still in custody for not furnishing the bail bond or the conditions to ensure that their bail modifications applications are filed immediately.

At the commencement of his address, Justice Kaul said that this campaign is a part of the continuous efforts by the NALSA to ensure that no one is detained in prisons without exercising their right to be heard for release under the provisions of the law. The issue of undertrial prisoners languishing in prisons despite being eligible to be reviewed for release has continued to come up before the Supreme as well as High Courts. The records to National Crime Record Bureau data show that around 18 Lakh persons are admitted to prison in a year, which also reflects a huge inflow of undertrial prisoners.

He went on to say that “our responsibility as judges is that law is followed in letter and spirit and it does not discriminate anyone on the basis of manmade qualifiers.” He emphasized that this responsibility is also the bedrock of the rule of law and access to justice. He also said that in the last few months, several directions have been passed, establishing crucial digital frameworks and procedures to ensure a smooth flow of information between the different organs of the criminal justice system. This has been done to ensure that there is no delay in filling appropriate legal recourses once the prisoners become eligible. He also pointed out that one cannot turn a blind eye to the fifth side of the criminal justice system. The continued detention of the uneducated and poor prisoners can have a severe impact on them as well as their families.

“In fact, I found that it is this section of society that is more prone to detention, and people who can afford appropriate legal assistance invariably get bail at an earlier date. It’s this aspect which we seek to tackle in this process.”

Detention today is a view in the context of development.

Moving forward, Justice Kaul stated that the detention before conviction exerts financial burden on the accused and their family. He highlighted that the same is recognized in the 2030 Agenda for Sustainable Development, adopted by the UN in 2015. The inclusion of access to justice in the said agenda is a recognition of an intrinsic link between access to justice and the ability of people to receive equal treatment under the law and have their rights protected. He went on to say that the UN principles and guidelines of access to legal aid in the criminal justice system, 2012, affirm legal aid as foundation for enjoyment of other rights, and thus, an effective legal system is important for promoting inclusive and sustainable growth strategies.

He also stated that a demonstrable reduction in a number of unsentenced prisoners is an implied measure of progress. Thus, UTRC is a unique mechanism in this context, being a district-level body mandated to review the cases of prisoners who are recommended to be release periodically.

He emphasized that the success of this campaign rests upon the shoulders of the State Legal Services Authorities, who must lead this initiative fervently with duty and responsibility.

“After all, the whole thing is to work from upwards level, that is, start from the base level and move upwards, and that is the whole premise of NALSA.”

He concluded his address by explaining that the key components in any campaign are- “Preparedness in terms of groundwork, Adherence to the timelines, and Robust reporting.”

Ms. Santosh Snehi Mann, Member Secretary, National Legal Services Authority, who convened the launch event, in her address stressed the UTRCs mandate to prevent imprisonment solely due to poverty or inadequate legal representation. She reiterated the principle that‘Bail is the rule & jail is the exception.’

The video of the event can be watched here.