India's Undertrials Trapped in a System That Fails Them: Justice Nath's Alarming Warning
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New Delhi: Supreme Court Judge Justice Vikram Nath has sounded an alarm, stating that the fundamental principle of 'innocent until proven guilty' has become a distant reality for the majority of undertrial prisoners in India. These prisoners, making up over 70% of the country's prison population, are languishing in custody due to the failures of the criminal justice system. Justice Nath pointed out that many undertrials spend more time behind bars than the maximum sentence prescribed for their alleged offenses. He noted that some remain in jail for bailable offenses simply because they cannot furnish bail or produce sureties. The judge emphasized that the situation is exacerbated by the fact that only 7.91% of undertrial prisoners have access to free legal aid, with many unaware of their right to it. Citing landmark judgments, including the Hussainara Khatoon case, which led to the release of over 40,000 undertrial prisoners, Justice Nath stressed that judicial interventions alone cannot restore public faith in the justice process. He called for greater data transparency, urging the creation of national and state-level longitudinal databases tracking undertrial detention patterns. The judge also highlighted the need for differentiated protections for vulnerable groups, including women undertrials, transgender persons, and those with mental health concerns. He emphasized that the measure of a country's legal system lies in how it treats its most vulnerable citizens. Justice Nath's words serve as a stark reminder that the Indian justice system has a long way to go in upholding the fundamental rights of undertrial prisoners. His call for reform and greater accountability is a step towards ensuring that the principles of justice and equality are upheld in practice, not just in theory.
