THE bedrock of any judicial system rests on the equitable principles of justice, fairness and the rule of law. However, the long drawn-out incarceration of undertrial prisoners in India raises deep-rooted concerns about the very ethics that the justice system upholds. The scenario compels us to reflect on whether the delay is an inadvertent denial of justice.
Rights at stake
At the heart of the Indian Constitution lie the principles of dignity and liberty. Article 21 guarantees every individual the right to life and personal liberty, ensuring that the procedures which curtail these rights are fair, just, and reasonable. Undertrials, a significant portion of India’s prison population, are often caught in a legal limbo, waiting for their trials to conclude. Their prolonged detention can be seen as a direct violation of their constitutional rights, as they serve time without being convicted.
Legal precedents
In the landmark judgment of Hussainara Khatoon v Home Secy., State of Bihar (1980), the Supreme Court unequivocally stated that the right to a speedy trial is integral to the right to life and personal liberty.
Yet, numerous cases, like the recent Ejike Jonas Orji v. Narcotics Control Bureau, decided by the Supreme Court of India, echo the sentiment of prolonged undertrial incarceration, drawing attention to systemic inefficiencies. In this case, a Nigerian citizen was granted bail after languishing in jail for almost a decade. The Hon’ble Bench, consisting of Justice Hrishikesh Roy and Justice Pankaj Mithal, underscored that such prolonged pre-trial detention infringes upon the constitutional tenets of dignity and liberty.
Upon meticulous consideration, the Supreme Court recognized the undue prolongation of the trial and the substantial backlog of cases awaiting judgment in the Special Court in Delhi. Emphasising the appellant’s willingness to comply with other bail conditions, including passport deposition, the court iterated the necessity of granting bail, circumventing the contentious certificate of assurance condition.
Systemic bottlenecks
Several factors contribute to this unsettling scenario:
Judicial backlog: India’s courts are grappling with a staggering backlog of cases. Overburdened courts and limited resources have a cascading effect, resulting in lengthy trial periods.
Insufficient legal aid: Many undertrials, due to lack of resources, are unaware of their rights or cannot afford legal representation, further elongating their time in detention.
Stringent bail provisions: Often, bail conditions, especially in cases involving foreign nationals, can be excessively onerous, making compliance difficult and prolonging custody.
Societal prejudices: There’s also an element of societal bias. Those with minimal societal standing or foreign nationals often find themselves at a disadvantage, facing prolonged detention due to lack of effective representation or stringent bail conditions.
Road to reform
It’s imperative to address these systemic issues to ensure that constitutional principles aren’t just theoretical rights but are reflected in practice.
Speedy trials: Prioritising cases where undertrials have faced prolonged incarceration can significantly alleviate the issue.
Accessible legal aid: Strengthening the provision of legal aid and spreading awareness about the same ensures that undertrials are adequately represented.
Rational bail conditions: Re-evaluating and ensuring that bail conditions are reasonable and not excessively stringent can aid in reducing extended undertrial detentions.
Judicial infrastructure: Investment in judicial infrastructure, including technology and personnel, can expedite the legal process.
Conclusion
While individual cases like Ejike Jonas Orji v. Narcotics Control Bureau shed light on the predicament of undertrial prisoners, it’s crucial to understand the broader implications on the justice system. A timely and fair trial is a cornerstone of any democracy.
As guardians of justice, it becomes a collective responsibility to ensure that the essence of the Constitution is not lost in procedural intricacies, reaffirming the commitment to the principles of dignity and liberty for all.
