Skip to main content

77% of 5.5 lakh prison inmates are still awaiting trial: Whither prison reform?

By Vikas Meshram* 
Despite being granted bail, thousands of undertrial prisoners in India continue to endure inhumane conditions in jail. The issue has been a topic of national discussion for quite some time. The fact that the prisons in the country are overcrowded is no secret. Most of the inmates belong to poor and marginalized communities, many of whom do not have anyone to arrange bail for them.
As of 2024, the total number of prisoners in India exceeds 5.5 lakh, placing the country fourth in the world for the highest number of incarcerated individuals. Every prison in the country houses inmates beyond its capacity, and it may surprise you to learn that 77% of these inmates are undertrial. In other words, 77% of the prison population is still awaiting trial. 
Many of these individuals have been in jail for years due to their weak financial conditions, lack of knowledge about their rights, or the inability to claim those rights. Despite repeated discussions about the need for reform, the situation has only worsened.
In India, 51.4% of undertrial prisoners are in district jails, 36.2% in central jails, and 10.4% in sub-jails. Among these inmates, 66% belong to the SC/ST and OBC communities, and 25% are illiterate. 
One can understand that this class is deprived of education, basic needs, and facilities. Often, their circumstances may have led them into such situations. Why haven’t these conditions changed even after so many years of independence?
Today, developments such as shiny roads, highways, factories, and tourism are visible, but why doesn’t the picture change when it comes to providing jobs, food, and basic needs for everyone? It’s a question that remains unanswered. Why do luxurious cars run on highways, yet people live under bridges? Why don’t they get relief from poverty and suffering? Aren’t these numbers a matter of shame? Why can’t these problems be solved? 
One needs to pay attention to the fact that the purpose of imprisonment is to reform those whose circumstances led them into the cycle of crime, not just to punish them. 
It’s important not to forget that the goal is to change the minds of those who have entered the world of crime and turn them into responsible citizens, excluding heinous, notorious, and professional criminals.
Therefore, concerns have been expressed from time to time about the release of undertrial prisoners who remain in jail even after being granted bail. Undoubtedly, there is overcrowding in our prisons. It is estimated that around five thousand undertrial prisoners are still waiting for release even after being granted bail. 
Last year, the Supreme Court issued several directives, asking courts to consider revising bond, surety, and bail conditions. The Supreme Court also directed the preparation of reports on the social and economic conditions of such inmates, so that the conditions for their release could be relaxed. 
Undoubtedly, there has been a long-standing need to humanize the face of the justice system in a democratic country. The concept of justice is that protecting innocent people from injustice should be the primary responsibility in any situation. The Supreme Court has reiterated to judges that they cannot turn a blind eye to the harsh realities of life. 
Many of the prisoners have been in jail for years due to their weak financial conditions, lack of knowledge about their rights
Reviewing the situation could make things clearer. Granting bail and then imposing additional conditions is akin to giving something with one hand and taking it away with the other, according to the court. The court has emphasized the need to institutionalize a humanitarian approach. 
In fact, bail is the rule, and denying bail is the exception. The Supreme Court has strongly reiterated this point in its recent judgments. The position was taken that if a case is tried, bail should be granted, even if the offense falls under the Unlawful Activities (Prevention) Act (UAPA). In reality, laws that punish terrorist acts are often made stringent. 
Therefore, the Supreme Court has not shied away from saying that while upholding the right to a speedy trial and the sacred right to liberty, lower courts and high courts often adopt a cautious approach in granting bail. The Supreme Court has expressed serious concern over the fact that the country’s justice system is plagued by delays at every level. 
The age-old flaw of ‘date after date’ continues, and the situation of undertrial prisoners remaining in jail after bail is no different. The court believes that the crisis is exacerbated by the lack of awareness and legal literacy in the country.
Undoubtedly, the Supreme Court’s approach is not only progressive and just, but it also draws attention to the critical issue of protecting individual liberty and raising awareness among citizens. 
The recent sensitive initiatives of the Supreme Court have sparked hope for a serious initiative to expedite the resolution of the millions of pending cases in the country and to bring justice to those who have been waiting for it for generations.

Comments

TRENDING

NYT: RSS 'infiltrates' institutions, 'drives' religious divide under Modi's leadership

By Jag Jivan   A comprehensive New York Times investigation published on December 26, 2025, chronicles the rise of the Rashtriya Swayamsevak Sangh (RSS) — characterized as a far-right Hindu nationalist organization — from a shadowy group founded in 1925 to the world's largest right-wing force, marking its centenary in 2025 with unprecedented influence and mainstream acceptance. Prime Minister Narendra Modi , who joined the RSS as a young boy and later became a full-time campaigner before being deputized to its political wing in the 1980s, delivered his strongest public tribute to the group in his August 2025 Independence Day address. Speaking from the Red Fort , he called the RSS a "giant river" with dozens of streams touching every aspect of Indian life, praising its "service, dedication, organization, and unmatched discipline." The report describes how the RSS has deeply infiltrated India's institutions — government, courts, police, media, and academia — ...

Domestic vote-bank politics 'behind official solidarity' with Bangladeshi Hindus

By Sandeep Pandey, Faisal Khan  The Indian government has registered a protest with Bangladesh over the mob lynching of two Hindus—Deepu Chandra Das in Mymensingh and Amrit Mandal in Rajbari. In its communication, the government cited a report by the Association of Hindus, Buddhists and Christian Unity Council, which claims that more than 2,900 incidents of killings, arson, and land encroachments targeting minorities have taken place since the interim government assumed power in Bangladesh. 

Dalit woman student’s death sparks allegations of institutional neglect in Himachal college

By A Representative   A Dalit rights organisation has alleged severe caste- and gender-based institutional violence leading to the death of a 19-year-old Dalit woman student at Government Degree College, Dharamshala, Himachal Pradesh, and has demanded arrests, resignations, and an independent inquiry into the case.

From colonial mercantilism to Hindutva: New book on the making of power in Gujarat

By Rajiv Shah  Professor Ghanshyam Shah ’s latest book, “ Caste-Class Hegemony and State Power: A Study of Gujarat Politics ”, published by Routledge , is penned by one of Gujarat ’s most respected chroniclers, drawing on decades of fieldwork in the state. It seeks to dissect how caste and class factors overlap to perpetuate the hegemony of upper strata in an ostensibly democratic polity. The book probes the dominance of two main political parties in Gujarat—the Indian National Congress and the BJP—arguing that both have sustained capitalist growth while reinforcing Brahmanic hierarchies.

Gig workers’ strike halts platforms, union submits demands to Labour Ministry

By A Representative   India’s gig economy witnessed an partial disruption on December 31, 2025, as a large number of delivery workers, app-based service providers, and freelancers across the country participated in a nationwide strike called by the Gig & Platform Service Workers Union (GIPSWU). The strike, which followed days of coordinated protests, shut down major platforms including Zomato , Swiggy , Blinkit , Zepto , Flipkart , and BigBasket in several areas.

Epic war against caste system is constitutional responsibility of elected government

Edited by well-known Gujarat Dalit rights leader Martin Macwan, the book, “Bhed-Bharat: An Account of Injustice and Atrocities on Dalits and Adivasis (2014-18)” (available in English and Gujarati*) is a selection of news articles on Dalits and Adivasis (2014-2018) published by Dalit Shakti Prakashan, Ahmedabad. Preface to the book, in which Macwan seeks to answer key questions on why the book is needed today: *** The thought of compiling a book on atrocities on Dalits and thus present an overall Indian picture had occurred to me a long time ago. Absence of such a comprehensive picture is a major reason for a weak social and political consciousness among Dalits as well as non-Dalits. But gradually the idea took a different form. I found that lay readers don’t understand numbers and don’t like to read well-researched articles. The best way to reach out to them was storytelling. As I started writing in Gujarati and sharing the idea of the book with my friends, it occurred to me that while...

2025 was not just a bad year—it was a moral failure, it normalised crisis

By Atanu Roy*  The clock has struck midnight. 2025 has passed, and 2026 has arrived. Firecrackers were already bursting in celebration. If this is merely a ritual, like Deepavali, there is little to comment on. Otherwise, I find 2025 to have been a dismal year, weighed down by relentless odds—perhaps the worst year I have personally witnessed.

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...