“Bridging The Gap: Access to Justice for India’s incarcerated”

Abstract-

Speedy trial is essence of criminal justice and there can be no doubt that ‘delay in justice by
itself constitutes denial of justice’. It is interesting to note that in United States, speedy trial is
one of the constitutionally guaranteed rights. The sixth amendment to American Constitution
provides that in all criminal proceedings, the accused shall enjoy the right to speedy and public
trial. So also Article 3 of European Convention on Human Rights provides that every one
arrested or detained shall be entitled to trial within a reasonable time or to be released pending
trial. Though speedy trial is not enumerated in the Constitution of India the Supreme court of
India while interpreting the provisions of Aritcle 21 in “Maneka Gandhi v. Union of India
(1978)” Held that If a person is deprived of his personal liberty under a procedure which is not
reasonable, fair or just, such a deprivation would be violative of his fundamental right under
Article 21 and he would be entitled to enforce such fundamental right and secure his release. 1

The Indian judiciary has played a proactive role in ensuring prisoners' rights, particularly
their right to access justice, which is essential for upholding the rule of law and human dignity.

In this article the rights of prisoners for fair and speedy trial is briefly studied.

Keywords

Access to Justice, Speedy Justice, Prisoners right, Statutory Safeguard, Judicial intervention

and the Need for Speedy Justice in India

Introduction :

Prisons, as administrative institutions of the state, bear a fundamental obligation to uphold and
facilitate access to justice for prisoners. This responsibility is rooted in the principle that justice
must be accessible to all individuals, regardless of their incarceration status. The prison system is
1
K.D.GAUR, Textbook on the Indian Penal Code 863( 4th ed 2008)

1
not merely a mechanism for confinement but also a space where the rights of prisoners must be
protected and promoted. Access to justice encompasses ensuring that prisoners are aware of their
legal rights, providing them with opportunities to challenge unlawful detention, and granting
access to legal representation.

On the other hand, prisoners themselves hold an inherent right to access justice, which is
essential for safeguarding their dignity, addressing grievances, and ensuring that they are treated
lawfully and fairly within the criminal justice system. This right enables prisoners to seek redress
for violations of their rights, appeal against unjust decisions, and participate in legal processes
that affect them. Together, the state's obligation and the prisoners' right to access justice form the
cornerstone of a fair and equitable criminal justice system that upholds the rule of law and
human rights.

Access to justice means to reach justice easily by legally proceedings in appropriate time.
Delivery of justice should be impartial and non-discriminatory, it is the obligatory for the state to
taking all necessary steps to provide fair, transparent, effective, and accountable service that
promote access to justice for all.
State and Central government is established some authority to provide free legal service
help to people as follows:'

 National legal service authority (NALSA)

 State legal service authority
 District legal service authority
 Supreme court legal service committee
 High court legal service committee

'These are the various governmental organization mechanism to provide free legal aids plus
speedy trials before court which helps to reach access to justice

The following are the four facets that constitute the essence of access to justice:

 The state must provide an effective adjudicatory mechanism.

 The mechanism so provided must be reasonably accessible in term of distance.

2
  The process of adjudication must be speedy.
 The litigants, access to the adjudicatory process must be affordable.

Constitutional Provisions for Prisoners’ Rights2

The Constitution of India enshrines several provisions to protect the rights of prisoners,
emphasizing the importance of access to justice. Some of the key provisions include:

1. Article 14: Ensures equality before the law and equal protection of laws, guaranteeing
that prisoners are not discriminated against.

2. Article 19: Protects the right to freedom of speech and expression, which includes a
prisoner's ability to communicate with legal representatives and seek redress.

3. Article 21: Enshrines the right to life and personal liberty, which has been expansively
interpreted to include the right to live with dignity, humane treatment in prisons, and access to
legal remedies.

4. Article 22: Provides safeguards for individuals arrested and detained, including the right
to be informed of the reasons for arrest, the right to consult a legal practitioner, and the right to
be presented before a magistrate within 24 hours.

The Universal Declaration of Human Right, 1948 Gave recognition to two rights
pertaining to access to justice in following ways:
Article 8: Everyone has the right to an effective remedy by the competent national tribunal for
acts violating the fundamental rights granted to him by constitution or by law.
Article 10: Everyone is entitled in full equality to a fair and public hearing by an independent
and impartial tribunal in the determination of his rights and obligations and of any criminal
charge against him.3

In Anita kushwaha v. Pushap sudan

2
P.M.Bakshi,The Constitution of India 20-68(7th ed 2012)
3
Dr. T. S. N. Sastry, Introduction to Human Rights and Duties 59, 61 (Univ. of Pune, Professor & Head of
Department, last visited July 14, 2023).

3
Supreme Court held access to justice a facet of right guaranteed under article 14 and 21 of the
constitution of India.

Article 32 of Indian constitution which is also known as heart of our constitution, provide
concept of PIL (public interest litigation) which helps to achieve the goals of access to justice.
The PIL cannot be used in solving disputes of private nature. PIL was evolved with a view to
render justice to poor & pauper, depraved, the illiterate and downtrodden who have either no
access to justice or had been denied justice. PIL has been evolved by apex court of our country to
bringing justice within easy reach of the poor.
If we look at criminal procedure code section 304 Now BNSS 341 says that, legal aid to accused
at state expense in certain cases: where, in a trial before the court of session, the accused is not
represented by a pleader, and where it appears to the court that the accused has not sufficient
means to engage a pleader, the court shall assign a pleader for his defence at the expense of the
state.

Statutory Framework Governing Prisoners’ Rights4

Several statutes and legal instruments govern the rights of prisoners in India, ensuring
access to justice:

1. Prisons Act, 1894:

This colonial-era legislation lays down basic rules regarding the treatment of prisoners, including
provisions for their health, accommodation, and discipline.

2. Prisoners Act, 1900:

Provides provisions on the transfer of prisoners between states and their treatment during such
transfers.

3. Code of Criminal Procedure, 1973 (CrPC):

Contains provisions regarding the rights of arrested persons, including bail (Sections 436 to 439),
free legal aid (Section 304), and production before a magistrate (Section 167).

4
Jayram Swathy, Right of Prisoners, LEGAL SERVS. INDIA, www.legalserviceIndia.com(last visited Oct, 03,
2023)

4
4. Legal Services Authorities Act, 1987:

Mandates the provision of free legal aid to marginalized groups, including prisoners, through
legal services authorities at the national, state, and district levels.

Bhartiya Nagrik Suraksha Sanhita, 2023

The Bhartiya Nagrik Suraksha Sanhita (BNSS), introduced to replace the colonial-era
CrPC, reaffirms the rights of prisoners and detainees, aiming to modernize criminal law and
ensure better access to justice.

Key highlights include:

 Provisions for digitization and transparency in the criminal justice process, aiding
prisoners in accessing their rights.
 Enhanced mechanisms for legal aid, allowing prisoners to effectively engage with their
defense.
 Emphasis on technology-driven reforms for faster trials and reduced delays in justice
delivery.
Judicial Interpretations and Case Laws
The Indian judiciary has been instrumental in recognizing and expanding prisoners’
rights, particularly their right to access justice. Some landmark judgments include:

1. Abdul Rehman Antuley v. R.S. Nayak (1992): 5

The Supreme Court laid down the detailed guidelines for speedy trial of an accused in
Criminal Case.
2. Hussainara Khatoon v. State of Bihar (1979): 6
Highlighted the plight of undertrial prisoners and established the right to a speedy trial as
an essential aspect of Article 21.
3. Sher Singh v. Delhi Administration ( AIR 1983): 7

5
K.D.Gaur, Textbook on the Indian Penal Code 864 (4th ed 2008)
6
K.D.Gaur, Textbook on the Indian Penal Code 862 (4th ed 2008)
7
P.M.Bakshi, the Constitution of India 66 (7th ed 2012)

5
 The Supreme Court held that procedural law is void if it does not provide for speedy
trial.
4. Mathew v. State of Bihar ( AIR 1984):8
The person kept in jail without trial or without charge must be released.
5. Francis Coralie Mullin v. Administrator, Union Territory of Delhi (1981): 9
This case recognized that the right to life includes the right to live with human dignity,
which extends to the humane treatment of prisoners.
Challenges in Ensuring Access to Justice for Prisoners
1. Overcrowding in Prisons:
Many prisons operate at over 100% capacity, making it difficult to ensure fair treatment
and access to legal aid.
2. Undertrial Prisoners:
A significant percentage of inmates are undertrials who spend years in custody due to
delays in the judicial process.
3. Lack of Awareness:
Many prisoners are unaware of their rights or the availability of free legal aid services.
4. Inadequate Legal Aid Services:
Despite the Legal Services Authorities Act, many prisoners struggle to access quality
legal representation.
5. Technological Barriers:
Limited access to technology in prisons restricts prisoners’ ability to connect with legal
services or participate in virtual court proceedings.

Recent Statistics: Trends and State-Specific Insights

Trends over the Years

The prison population in India has been steadily increasing, highlighting systemic issues
like judicial delays and inadequate legal aid.

8
P.M.Bakshi, the Constitution of India 67 (7th ed 2012)
9
P.M.Bakshi, the Constitution of India 65 (7th ed 2012)

6
 According to the NCRB Prison Statistics Report 2022:10

 The prison population increased by 10% compared to 2021.

 The number of undertrial prisoners rose by 12%, indicating the growing burden on the
justice system.

 Women prisoners constitute about 4.4% of the total prison population, with 1,650
children accompanying their mothers in jail.

State-Specific Insights

1. Overcrowding:
 Uttar Pradesh: Highest prison population (110,000 inmates) with an occupancy
rate of 180%.
 Delhi: 150% occupancy, driven by high rates of undertrial detentions.
 Bihar and Maharashtra: Both states report occupancy levels exceeding 160%.
2. Undertrial Statistics:
 Jammu & Kashmir: 91% of prisoners are undertrials.
 Northeastern States: Arunachal Pradesh and Manipur report over 80% undertrial
rates, indicating delays even in states with smaller populations.
3. Duration of Detention:
About 29% of undertrials are detained for over a year. In states like Jharkhand and West
Bengal, the number of undertrials detained for more than two years is alarmingly high.
4. Bail and Socio-Economic Factors:
 Economic Barriers:
Nearly 40% of under trial prisoners remain in custody because they cannot
afford bail.
 Caste and Class Disparities:

10
Udit Singh, Prison Statistics India 2022 Report, Live Law (Dec 7, 2023), www.livelaw.in

7
 A large proportion of prisoners come from marginalized communities, with
Dalits and Adivasis constituting over 60% of the prison population.
Technology-Driven Solutions for Speedy Justice

1. E-Courts and Virtual Hearings

 The E-Courts Mission Mode Project, launched in 2007, aims to digitize court
records, automate case management, and enable online hearings.
 Virtual hearings reduce logistical delays for undertrial prisoners, allowing faster
adjudication of bail applications and trial proceedings.
Example: The Delhi High Court adopted virtual bail hearings during the pandemic,
leading to a significant reduction in delays.
2. Artificial Intelligence (AI) in Case Management
 AI tools can prioritize cases based on urgency, detention duration, and case
complexity.
Example: The SUPACE (Supreme Court Portal for Assistance in Courts
Efficiency) system uses AI to assist judges in research and reduce decision-
making time.
 Global Example: Estonia uses AI in small claims courts to handle simple cases
efficiently, freeing judges to focus on complex matters.
3. Video Conferencing for Prisoners
 Video conferencing facilities in prisons enable undertrial prisoners to interact
with courts and lawyers without being physically transported, saving time and
resources.
Example: As of 2022, video conferencing systems are installed in prisons across
all states in India, with Tamil Nadu and Maharashtra leading in usage.
4. Centralized Dashboards for Monitoring
 Centralized dashboards help track the status of undertrial prisoners, their bail
conditions, and pending cases.
Example: States like Telangana and Karnataka use real-time dashboards to
monitor case progress and prioritize undertrial cases nearing statutory limits.
5. Integrated Police-Court-Prison Systems

8
  Integrated digital platforms allow seamless communication between police,
courts, and prisons, reducing paperwork and delays.
Example: The Interoperable Criminal Justice System (ICJS) integrates data from
police, courts, and prisons, enabling quick verification of case details.
6. Online Legal Aid Platforms
 Digital legal aid platforms can connect undertrial prisoners with pro bono
lawyers, simplifying access to legal counsel.
Example: Initiatives like Nyaya Bandhu by the Ministry of Law and Justice
promote legal aid through mobile applications.
Challenges in Implementing Technology-Driven Solutions
 Digital Divide:
Limited access to internet and infrastructure in rural areas hampers
implementation.
 Capacity Building:
Judges, lawyers, and prison officials require extensive training to adapt to new
systems.
 Data Privacy:
Digitizing sensitive information raises concerns about security and misuse.

By leveraging technology effectively, India can address the systemic delays and inefficiencies
plaguing its justice system. However, successful implementation requires investments in
infrastructure, capacity building, and robust policy frameworks to ensure fairness and inclusivity.

Reforms and Recommendations

1. Strengthening Legal Aid Mechanisms:
Increasing the number of legal aid lawyers and enhancing their training can ensure better
representation for prisoners.
2. Judicial Reforms:
Implementing fast-track courts and alternative dispute resolution mechanisms can reduce
delays in justice delivery.
3. Prison Reforms:

9
Modernizing prison infrastructure and improving facilities for legal consultations can
enhance prisoners’ access to justice.
4. Use of Technology:
Introducing video conferencing for court hearings and online legal aid consultations can
overcome logistical barriers.
5. Awareness Campaigns:
Conducting awareness programs for prisoners about their rights and available legal
remedies can empower them to seek justice.

Conclusion
The right to access justice is fundamental to maintaining the rule of law and protecting
human rights, including for prisoners. While India has made significant progress through
constitutional safeguards, legislative measures, and judicial interventions, challenges
remain in ensuring that all prisoners can effectively exercise their rights. By addressing
systemic issues and adopting a more humane and reformative approach, India can
uphold the dignity and rights of its incarcerated population, thereby strengthening its
commitment to justice for all.

References

1. K.D.Gaur, Textbook on the Indian Penal Code (4th ed 2008).

2. P.M.Bakshi, the Constitution of India (7th ed 2012).

3. Jayram Swathy, Right of Prisoners, LEGAL SERVS. INDIA,

www.legalserviceIndia.com(last visited Oct, 03, 2023).
4. Udit Singh, Prison Statistics India 2022 Report, Live Law (Dec 7, 2023), www.livelaw.in.
5. Dr. T. S. N. Sastry, Introduction to Human Rights and Duties 59, 61 (Univ. of Pune,
Professor & Head of Department, last visited July 14, 2023).

10