Pre Trial Detention: The Scandal of India's Overcrowded Prisons by Amisha Arora

India's criminal justice system has long been plagued by a backlog of cases, delays, and procedural challenges. One of the most significant issues is the problem of lengthy pre-trial detention, where individuals are held in jail for years on end awaiting their trial.

According to the National Crime Records Bureau, as of 2019, more than 70% of India's prison population was made up of under-trial prisoners. These individuals have been accused of a crime but are yet to be convicted, and their cases are still pending in the court. Many of them have been in jail for years, some even for longer than the maximum sentence for the crimes they have been accused of.

The problem of lengthy pre-trial detention is not just a violation of human rights but also undermines the fundamental principles of the criminal justice system. The Indian Constitution guarantees every individual the right to a fair and speedy trial, and the right to be presumed innocent until proven guilty. However, the current state of affairs has resulted in many innocent individuals languishing in jails for years without access to justice.

The issue is further compounded by the fact that many under-trial prisoners come from marginalized communities and cannot afford legal representation. As a result, they are often unable to navigate the complex legal system and end up being held in jail for longer than necessary.

Case laws and expert opinions highlight the severity of the issue. In a landmark judgment, the Supreme Court of India observed that pre-trial detention is an exception and not the rule. In the case of Arnesh Kumar v. State of Bihar (2014), the court held that the arrest of an accused should only be made when there is sufficient evidence to justify the same. The court also directed the police to issue notice to the accused before arrest and to follow the procedural safeguards under the Code of Criminal Procedure.

Legal experts and human rights activists have been vocal about the issue of pre-trial detention in India. Senior Advocate Colin Gonsalves has been a staunch advocate for the rights of under-trial prisoners and has fought several cases to secure their release. In an interview with The Wire, he pointed out that pre-trial detention is often used as a punishment rather than a preventive measure, which is not the intention of the law.

Several measures can be taken to address this issue. Firstly, the police must follow the procedural safeguards laid down by the Supreme Court to prevent arbitrary arrests. Secondly, the government must allocate more resources to the judiciary to reduce the backlog of cases and ensure speedy trials. Thirdly, legal aid should be made more accessible to underprivileged individuals to ensure that they receive a fair trial. Fourthly, the use of technology in the criminal justice system can help expedite the trial process and reduce the burden on the courts.

In conclusion, the problem of lengthy pre-trial detention in India is a significant issue that requires urgent attention. The judiciary, the government, and civil society must work together to address this issue and ensure that justice is served in a fair and timely manner. It is only by doing so that we can uphold the principles of justice, equality, and human rights in India's criminal justice system.