AN ANALYSIS OF THE ROLE OF JUDICIARY IN PROTECTING UNDER-TRAIL PRISONERS
Category: Constitutional
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The concept of independence of the judiciary arises from the notion of separation of powers i.e., legislature, executive, and judiciary are limited from exercising their own roles and functions of making, implementing, and administering laws in an arbitrary manner. The judiciary also has a very vital role in determining and protecting the rights of under-trial rights. In this paper, the writer comprehends the rights conferred to under-trials and understands the problems faced by them. Also, highlight the solutions for the same. The researcher also analyses the role of the judiciary with respect to the rights of under-trials. The researcher would focus on how the interference of the judiciary helped the restoration of rights.
KEYWORDS
Under-trial, Prison, Human dignity, Custody, Magistrate
INTRODUCTION
An under-trial prisoner is the one who is contemporarily held in custody and is waiting for a trial for the crime done. In other words, any person who is held in prison who is waiting for a trial. Under trials are also conferred with rights with regard to their protection. Challenges faced by the under-trial prisoners were: Systemic delay of trial, limited judges and prosecutors, Absence or delay in summons on witness, presiding judges on leave, Remands deferred because of paucity of time and patience, Inadequacy of police personnel and vehicles.
The judiciary has been playing a vital role in safeguarding the interests of under-trials for better conditions. Through various case laws, the judiciary has taken a crucial stand on the importance of speedy and expeditious trials. Every two out of three prisoners in India’s prisons account for under-trial prisoners. India holds the third position in the highest under-trial population in Asia. It is observed that around two lakh eighty thousand under-trials are still languishing in Indian jails and they constitute around 67% of prisoners.
PROBLEMS FACED BY THE UNDER-TRIALS
Prison violence is one of the prevalent acts faced by the prisoners. Prison violence can be said to be harm inflicted by one on others, on one’s self or even to the sentinel. Over-crowding also at times leads to dissension among prisoners or between prisoners and officials which may in turn lead to harmful consequences. In ‘Khatri v. State of Bihar’, the facts that police officials had damaged the eyes of around 80 criminals by using needles and acid.
Prisoners also suffer from health problems due to a lack of proper nutrition, sanitation, lack of medical aid. They generally come from socio-economically disadvantaged groups, struck in the cycle of poverty, unable to make their families meet both ends.
Earning members of the family facing legal procedures can have a negative impact on their families. The families are unable to meet their livelihood. Sometimes, it also leads to children committing delinquency, crimes such as theft, rape, etc.
The right to a fair and speedy trial is another concern. They generally face delays in appearing in trial procedures. Sometimes, there are deficient judges as are on leave. Remands are procrastinated due to a lack of patience and the unavailability of time for judges.
Deficiency of a number of available police officials for producing prisoners before a magistrate on time. It was also observed that at times, the police merely submitted the remand papers in front of the magistrate did not produce the prisoner. It is observed that at times, even individuals who were incarcerated for bailable offenses, are not given bail and if given, are charged extortionate fees for bail.
RIGHTS OF UNDER-TRIAL PRISONERS
Article 14, Article 19, and Article 21 are the fundamental rights where an iron curtain cannot be imposed. According to Article 14 of the Indian constitution, no person shall be denied before the law. Everyone has to be treated equally before the law.
Prisoners are also given the right to protective homes, free legal aid, fair and speedy trial, the right to live with human dignity, right against custodial violence, and encounters. Prisoners also have the right to get legal representatives, meet friends, right against solitary confinement, and handcuffing, and right to get reasonable wages in prison.
Section 167(2) (b) of the Code of Criminal Procedure, 1973 says that no Magistrate has right to impose detention in any custody unless the accused is physically produced before the magistrate.
Under the Prisons Act, 1894 which was the first act passed for regulating prisons in India; prisoners must get proper accommodation and sanitation. They should also get safe shelter and custody, provisions for examining them by medical officers, provisions of separating prisoners, etc. Recently in the year 2016, this act was amended with the aim for better protection and welfare of prisoners.
Under trial prisoners should be treated differently from convicts. They should be kept in different institutions and need to be treated systematically by classifying them from petty offenders to serious criminals. Under trials must be punished accordingly and must not be given punishment of convicts.
Indiscriminate extensions of remands must come to an end to ensure speedy trial. Under trials must be produced before the magistrate within prescribed time limit. Video conferencing should be established for better reach and connection between the prisoners and the judges.
Under trials should be provided with proper medical care. They should be provided with basic necessities such as food, shelter, and sanitation. Their right to life and liberty should not be compromised. Judicial officials must try to ensure free and speedy trial of under trials.
JUDICIARY IN UPHOLDING THE SANCTITY OF THE RIGHTS
The judiciary is conferred with the duty of guarding human rights under the constitution of India. The judiciary plays a vital role in protecting rights of the rights of under-trial prisoners. Judiciary is also known for adjudication of disputes, upholding law, restoring the infringed rights. Article 50 of the Indian constitution provides for independency of judiciary. This power makes judiciary to function in a free and effective manner.
The Supreme Court in various cases came to conclusion that every prisoner should have right to have interview with friend, relative and lawyer, protection to prisoners in jail from degrading, inhuman, and barbarous treatment, right to travel abroad, etc. even if not explicitly mentioned under Article 21. The apex court broadened the scope of Article 21 for better prison reforms. It also augmented Human Rights for better conditions of prisoners with respect to human dignity.
In ‘Sunil Batra v. Delhi Administration’, a writ was issued to authorities that no individual should be physically mishandled by sentinels or any other officials. In ‘Raghubir Singh v. State of Bihar’, the apex court held the police officials liable for the prison violence where a police officer was responsible for death of an accused through the means of torture.
The Supreme Court of India has augmented the scope of Article 21 for protecting the rights of the prisoners and has directed to reform prisons. The Supreme Court strived for the protection of prisoner’s human dignity. Under the case of ‘Hussainara Khatoon vs. Home Secretary’, Supreme Court held that all the prisoners should get free legal aid and speedy trial and recover of justice. As a result, 40,000 prisoners were released from the custody as their suits were undetermined.
The Supreme Court has taken a stand in the issue of whether hand-cuffing is valid according to the Constitution or not. In the case of ‘Prem Shanker vs. Delhi Administration’, the constitutional validity of hand-cuffing of prisoners was challenged with respect to Article 21 of the Indian Constitution. The apex court declared that hand-cuffing prisoners were considered to be an inhuman act, harsh, and arbitrary in nature.
CONCLUSION AND SUGGESTIONS
Under trials have been facing major problems due to a lack of expeditious trials. It is also to be recognized that there are many negative consequences arising out of lack of speedy trial. Judiciary also took a major stand for ameliorating the conditions of under-trial prisoners. The prisoners are conferred basic fundamental rights even though they are in prison. Articles 19 and 21 are considered to be the most important rights. They have the right to legal aid, right to livelihood and human dignity, right to speedy trial, right to have interviews with friend, relatives and lawyers, right to travel abroad, etc. The judiciary played a vital role with regard to various issues of under-trial prisoners for improving their position.
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WRITTEN BY: PATHI HRUDAYA REDDY
GUIDED BY: ADVOCATE ANIK
