The National Human Rights Commission (NHRC) has issued notices to the Chief Secretaries of all the States, including Odisha, over the lapse in ensuring justice to the under-trial prisoners (UTPs) and other prisoners languishing in various jails in India.
After examining a petition filed by civil rights activist and lawyer Radhakanta Tripathy, a full commission (all members and chairperson) has unanimously passed the order.
Tripathy highlighted the pitiable plights of the UTPs for years despite various decisions of the Supreme Court holding that speedy and fair trials come within the purview of Article-21 of the Constitution.
He further stated that most of the detainees belong to weaker strata of the society and their socioeconomic conditions were not considered while conducting trials and many of the victims could not be provided legal aid to appeal to the higher courts.
Pursuant to the directions of the NHRC, its Research Division examined the matter. As per the Prison Statistics in India Report 2020, out of the total prison inmate population of 4,88,511, there are 3,71,848 UTPs. About 76% of all prisoners in the country are UTPs. It was found that around 35% were illiterate, 32% belonging to SC, ST and OBC and 48.7% between the age groups 18-30 years.
Section 436 A of the Code of Criminal Procedure (CrPC) provides for release of an UTP on bail on undergoing detention for a period extending up to one-half of the maximum period of imprisonment specified for an offence under any law (not being an offence for which the punishment of death has been specified as one of the punishments under that law). The Model Prison Manual 2016 circulated to all States has a Chapter on "Legal Aid" which provides details of facilities to be provided to UTPs such as legal defence, interview with lawyer, signing of Vakalatnama, application to courts for legal aid at Government cost, etc.
On directions of the Supreme Court, the National Legal Services Authority (NALSA) had prepared a Standard Operating Procedure (SOP) for Under Trial Review Committees.