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

Whither space for the marginalised in Kerala's privately-driven townships after landslides?

By Ipshita Basu, Sudheesh R.C.  In the early hours of July 30 2024, a landslide in the Wayanad district of Kerala state, India, killed 400 people. The Punjirimattom, Mundakkai, Vellarimala and Chooralmala villages in the Western Ghats mountain range turned into a dystopian rubble of uprooted trees and debris.

Advocacy group decries 'hyper-centralization' as States’ share of health funds plummets

By A Representative   In a major pre-budget mobilization, the Jan Swasthya Abhiyan (JSA), India’s leading public health advocacy network, has issued a sharp critique of the Union government’s health spending and demanded a doubling of the health budget for the upcoming 2026-27 fiscal year. 

Iswar Chandra Vidyasagar’s views on religion as Tagore’s saw them

By Harasankar Adhikari   Religion has become a visible subject in India’s public discourse, particularly where it intersects with political debate. Recent events, including a mass Gita chanting programme in Kolkata and other incidents involving public expressions of faith, have drawn attention to how religion features in everyday life. These developments have raised questions about the relationship between modern technological progress and traditional religious practice.

Election bells ringing in Nepal: Can ousted premier Oli return to power?

By Nava Thakuria*  Nepal is preparing for a national election necessitated by the collapse of KP Sharma Oli’s government at the height of a Gen Z rebellion (youth uprising) in September 2025. The polls are scheduled for 5 March. The Himalayan nation last conducted a general election in 2022, with the next polls originally due in 2027.  However, following the dissolution of Nepal’s lower house of Parliament last year by President Ram Chandra Poudel, the electoral process began under the patronage of an interim government installed on 12 September under the leadership of retired Supreme Court judge Sushila Karki. The Hindu-majority nation of over 29 million people will witness more than 3,400 electoral candidates, including 390 women, representing 68 political parties as well as independents, vying for 165 seats in the 275-member House of Representatives.

Jayanthi Natarajan "never stood by tribals' rights" in MNC Vedanta's move to mine Niyamigiri Hills in Odisha

By A Representative The Odisha Chapter of the Campaign for Survival and Dignity (CSD), which played a vital role in the struggle for the enactment of historic Forest Rights Act, 2006 has blamed former Union environment minister Jaynaynthi Natarjan for failing to play any vital role to defend the tribals' rights in the forest areas during her tenure under the former UPA government. Countering her recent statement that she rejected environmental clearance to Vendanta, the top UK-based NMC, despite tremendous pressure from her colleagues in Cabinet and huge criticism from industry, and the claim that her decision was “upheld by the Supreme Court”, the CSD said this is simply not true, and actually she "disrespected" FRA.

With infant mortality rate of 5, better than US, guarantee to live is 'alive' in Kerala

By Nabil Abdul Majeed, Nitheesh Narayanan   In 1945, two years prior to India's independence, the current Chief Minister of Kerala, Pinarayi Vijayan, was born into a working-class family in northern Kerala. He was his mother’s fourteenth child; of the thirteen siblings born before him, only two survived. His mother was an agricultural labourer and his father a toddy tapper. They belonged to a downtrodden caste, deemed untouchable under the Indian caste system.

Stands 'exposed': Cavalier attitude towards rushed construction of Char Dham project

By Bharat Dogra*  The nation heaved a big sigh of relief when the 41 workers trapped in the under-construction Silkyara-Barkot tunnel (Uttarkashi district of Uttarakhand) were finally rescued on November 28 after a 17-day rescue effort. All those involved in the rescue effort deserve a big thanks of the entire country. The government deserves appreciation for providing all-round support.

Gig workers hold online strike on republic day; nationwide protests planned on February 3

By A Representative   Gig and platform service workers across the country observed a nationwide online strike on Republic Day, responding to a call given by the Gig & Platform Service Workers Union (GIPSWU) to protest what it described as exploitation, insecurity and denial of basic worker rights in the platform economy. The union said women gig workers led the January 26 action by switching off their work apps as a mark of protest.

Ganga-Jamuni Tehzeeb: Akbar to Shivaji -- the cross-cultural alliances that built India

​ By Ram Puniyani   ​What is Indian culture? Is it purely Hindu, or a blend of many influences? Today, Hindu right-wing advocates of Hindutva claim that Indian culture is synonymous with Hindu culture, which supposedly resisted "Muslim invaders" for centuries. This debate resurfaced recently in Kolkata at a seminar titled "The Need to Protect Hinduism from Hindutva."