Rights of under trial prisoners : The purpose of criminal justice system in any country is to protect not only the rights of the victims but also the convicts , prisoners and undertrials .
They cannot be bared of their fundamental and human rights . Under – trial prisoners are those persons who are facing trials in the competent courts . They are technically under judicial custody but for all practical purposes are kept in the same jail where the convicted prisoners are kept .
According to 78th Report of the Law Commission of India ( 1979 ) , under trial prisoners or pre – trial detainees refers to unconvicted prisoners , who has been detained in prison during the period of investigation , inquiry or trial for the offence they are accused to have committed .
However , according to reports of the National Crime Record Bureau , undertrial prisoners constitute almost 60 % to 70 % of the prison population ( across many years ) which points to an underlying issue regarding the rights of the prisoners and whether it is fair to keep them in prison for so long despite a lack of conviction .
Section 436 A of the Criminal Procedure Code states that if an undertrial prisoner is detained for more than half of the maximum period of imprisonment attributed to the crime , then he / she should be released on the presentation of a personal bond . But this section will not apply in cases where the offence is punishable with death .
In the landmark case of Moti Ram and Ors . V. State of Madhya Pradesh the court stated the following ; bail is a rule and jail is an exception . Because if after the completion of the trial , it is proved that he has not committed any crime , then it will be grave injustice to keep him in jail and not leave him on bail till the end of the trial .
According to a report released by the ( NCRB ) there was a 2 % increase in the number of undertrial prisoners from 2018 to 2019 . In May 2017 , the Law Commission of India recommended that provisions on bail in the CrPC are to be amended so as to facilitate a reduction in the number of undertrial prisoners in prison .
Human Rights of Prisoners in UDHR : Article 3-11 of the Universal Declaration of Human Rights , 1948 identifies rights of under – trials by mentioning of the guarantee to liberty and life , no inhuman or cruel treatment , no arbitrary arrest , effective remedy in courts , presumption of innocence , etc. India being a signatory UDHR has to ensure these rights .
Rights of under trial prisoners
Rights of under trial prisoners in Indian constitution : Every person so arrested has a right to be produced before the magistrate within 24 hours of his arrest . This right flows from Article 22 ( 2 ) of the Constitution of India and Section 57 of CrPC .
RIGHT TO ENGAGE LAWYERS : Further Article 22 ( 1 ) of the Constitution of India provides the arrested person the right to consult and to be defended by a legal practitioner of his choice . But most of the undertrials are poor who are not able to engage a lawyer or to furnish the bonds for release . Hence Article 39A of the Constitution of India provides for the free legal aid . This article enacts a mandate that the state shall provide free legal aid , by suitable legislation or schemes .
Right to speedy justice : In the case of Hussainara Khatoon v . State of Bihar the Supreme Court of India held that speedy justice is a fundamental right within article 21 of Indian Constitution . All the persons detained in prison have a right to trial within a reasonable time .
In Sheela Barse V State of Maharashtra the ap ex court dealt with the treatment of women prisoners in police lock ups . It issued various directions in order to improve the conditions of women prisoners in the lock ups and also provided adequate protection to the arrested persons and especially to women confined in the police lockups .
RIGHT TO BE INFORMED AND TO MEET FAMILY MEMBERS AND FRIENDS : In the case of Sunil Batra v . Delhi Administration , the court expressed it opinion that solitary confinement has degrading and dehumanizing effect on the prisoner which violates their right under Article 21 of the Constitution . Where the Supreme Court recognized that the right of the prisoners to be visited by their friends and relatives . These rights are inherent in Articles 21 and 22 ( 1 ) of the constitution and require be recognizing and protecting .
Right to Compensation for Illegal Detention : Article 14 ( 6 ) of ICCPR , 1966 : person who has suffered punishment as a result of such conviction shall be compensated according to law Rudal Shah versus state of Bihar 1983 , monetary compensation for citizens .
No handcuffing : In Perm Shankar Shukla v Delhi Administration it was held that the absence of justifying circumstances an arrested person or under trial prisoners should not be subjected to handcuffing .
RIGHT AGAINST NARCO ANALYSIS OR BRAIN MAPPING (Rights of under trial prisoners)
SELVI AND ORS v . STATE OF KARNATAKA : Supreme Court judgment holding the use of narco analysis brain mapping and polygraph test on accused , suspects and witnesses without their consent is Rudal Shah versus state of Bihar 1983 , monetary compensation for citizens . No handcuffing : In Perm Shankar Shukla v Delhi Administration it was held that the absence of justifying circumstances an arrested person or under trial prisoners should not be subjected to handcuffing .
RIGHT AGAINST NARCO ANALYSIS OR BRAIN MAPPING SELVI AND ORSV . STATE OF KARNATAKA : Supreme Court judgment holding the use of narco analysis brain mapping and polygraph test on accused , suspects and witnesses without their consent is unconstitutional , and violation of the right to privacy .
These are some Rights of under trial prisoners. Supreme Court judgment holding the use of narco analysis brain mapping and polygraph test on accused , suspects and witnesses
