Fate of prisoners undertrial due to lack of legal aid. A Punishment without being proved guilty.
- Advocate Anil Lalla
- Nov 19, 2024
- 2 min read
Fate of prisoners undertrial due to lack of legal aid. A Punishment without being
proved guilty.
76% Prisoners Are Undertrials, Many Languish In Jails Due To Lack Of Legal Aid: Justice
BR Gavai
Justice BR Gavai highlighted that 76% of prisoners in India are undertrials, a
significant increase from previous years, with many remaining incarcerated due to
inadequate legal aid. This issue is exacerbated by the inability of impoverished
individuals to meet bail conditions, often requiring sureties they cannot provide. The
lack of awareness about legal rights and the quality of available legal aid further
complicates their situation. Consequently, many undertrials languish in jails, facing
prolonged detention without trial, often in overcrowded and unsanitary conditions.
Main reasons for undertrials being unable to access legal aid
Undertrials in India face significant barriers in accessing legal aid due to several key
factors:
1. Poverty and Financial Constraints: Many undertrials cannot afford bail conditions,
which often include financial sureties that they are unable to meet .
2. Lack of Awareness: There is a widespread lack of knowledge about available legal
aid services, leading to underutilization; only 7.91% of eligible undertrials accessed
legal aid between 2016 and 2019[2][4].
3. Social Isolation: Migrant undertrials often lack local community ties, making it
difficult to secure sureties required for bail[3]. Additionally, many come from
marginalized backgrounds, further complicating their access to support networks.
4. Quality of Legal Aid: The legal aid system suffers from poor representation and
administrative inefficiencies, discouraging undertrials from utilizing these services .
How does India’s undertrial population compare to other countries
India’s undertrial population, comprising 76% of its total prison inmates, is
significantly higher than the global average of **34%**. This positions India as having
the second-highest percentage of undertrials among 54 Commonwealth countries,
only behind Bangladesh, and ranks sixth globally after Liechtenstein, San Marino,
Haiti, Gabon, and Bangladesh. The increase in undertrial prisoners has been
attributed to factors such as indiscriminate arrests and systemic issues within the legal
aid framework.
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