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In India, the situation of undertrial is gruesome. According to the National Crime Records Bureau report, various prisons across the country have more than 70% of such prisoners on whom the trial is going on. This shows that almost 90% of prisoners in Tihar jail had not been convicted of any offence. Sometimes they are imprisoned for longer periods than they would have served if proved guilty. More than ⅔ rd of the prisoners who died in Indian jails were not convicted of any offence; they died in the aftermath of their inability to fight their cases. The Supreme Court has emphasised the need to protect undertrial persons on various occasions. However, nothing has taken place on the ground, and the condition of undertrials persists.
The Situation of Undertrials in India
State-wise distribution
The problem of undertrials in India is problematic in the Northern states, and the situation is directly proportional to the states’ population. States which are densely populated have higher undertrial prisoners, and states such as Uttar Pradesh, Bihar, Madhya Pradesh are most affected. Uttar Pradesh accounts for 20% of the total convicts in the country.
Age-wise distribution
If we look at the distribution of undertrials according to the age distribution, then the age group between 18 and 30 years shows the highest number of undertrial prisoners, 47%. This shows that the most productive years of the youth are wasted behind bars. The age group between 30 to 50 years accounts for 42% of undertrial prisoners, and the rest of 11% are above 50 years of age.
Distribution according to literacy
There is a close relationship between undertrial prisoners and literacy. The problem of undertrial is prominent among the illiterate population as they are not aware of their legal rights. More than 30% of the total undertrial prisoners are illiterate, 43% of the total have not completed their primary school education, and only about 20% have completed their school education and are a little bit aware of their legal rights.
Religion and caste-wise distribution
Undertrial prisoners have a higher percentage among the underprivileged section of society. For instance, scheduled caste and scheduled tribe account for 16.2 % and 8.6 % of the total population, but their share is 20% and 11% of the total undertrials. Such distribution can also be seen regarding religion; Muslim accounts for 14% of the total population, but their undertrial population is more than 20%.
Population-Judge Ratio and Delayed Investigation
The judge-population ratio is a major tool to measure the health of a country’s judiciary system. India has only 21 judges per million population compared to more than 100 judges per million in the USA. More than 25% of the total allotted seats remain vacant at any time, and the situation is worse for local courts, which is the first point of contact for people with the judiciary system. It is the lack of judges that delayed the legal process and the delayed and miscued investigation by police. Many undertrial prisoners suffered because the police were unable to complete the investigation and file the charge sheet on time. This is because of the poor police-to-population ratio (around 182 per lakh population) and corrupt system.
Conclusion
Inadequate judge-population ratio and ignorant behaviour of police have only accentuated the situation of undertrials in India. Lakhs of people have spent their lives behind bars under trial and could have been helpful to society and the economy in their youth. Most undertrials belong to poor and unprivileged families. Due to a lack of financial resources and illiteracy, they are caught in the vicious web of the judiciary system. Such people can be put in reformative homes and should be provided with elementary education until their trial is completed. There is an urgent need to make changes in the judiciary and administration system to make our judiciary system robust.
