In the world’s largest democracy, where justice is supposed to be a cornerstone of society, a pressing issue looms large – the plight of undertrials who are kept in custody for extended periods due to incomplete and protracted investigations. This phenomenon not only erodes fundamental rights but also leads to overcrowded prisons, adding another layer of complexity to an already strained system.

More than four crore cases are pending in the lower courts (District and Taluk Courts) of India, with a staggering 25% of them lingering for over five years. This backlog of cases is a result of a complex interplay between demand and supply. Some states witness a surge in cases filed per capita, creating a higher demand for justice. Conversely, other states grapple with high judicial vacancies, diminishing the supply of justice, which leads to delays.

In states like Maharashtra, Kerala, Delhi, Haryana, and Himachal Pradesh, where the number of cases pending per lakh population is higher than 4,500, less than 25% of them have been pending for more than five years, primarily a demand-side issue. In contrast, states like Bihar and West Bengal, where the number of cases pending per capita is lower than the national average, over 40% of them are pending for more than five years, reflecting a supply-side issue. States like Uttar Pradesh and Odisha face both demand and supply-side issues, with both figures exceeding the national average.

One of the primary reasons for these delays is the high judicial vacancies in lower courts, which exceed 20% in 19 states and union territories. In some states like Uttar Pradesh, West Bengal, Bihar, and Telangana, the ratio of judges to the population is alarmingly low, with only one judge per one lakh people. These persistent delays have resulted in undertrials comprising a staggering 76% of all prisoners in 2020, with overcrowded prisons becoming a pressing issue, especially in the north, where occupancy rates reach as high as 177% in Uttar Pradesh.

India’s prisons are severely understaffed, with a deficit of at least 33% in staff positions, particularly at the officer and correctional staff levels. This staffing shortfall not only increases the workload of prison staff but also hampers the correctional aspects of imprisonment, further compounding the problem.

These concerning statistics are part of the India Justice Report 2019, an initiative of Tata Trusts. The report highlights the rampant overcrowding in Indian prisons, staff shortages at all levels, inadequate salaries, insufficient training, and gruelling work hours that characterise prison administrations across states.

The right to a speedy trial, enshrined in the Indian Constitution since 1979, remains elusive for countless undertrials. Many individuals languish behind bars for years, even decades, awaiting their day in court. The overcrowded prisons are plagued by squalid conditions, where weaker inmates are exposed to serious physical harm.

In conclusion, the prolonged detention of undertrials in India is a dire issue that not only erodes fundamental rights but also places an immense burden on the already strained justice system. The backlog of cases, coupled with judicial vacancies, exacerbates the problem, leading to overcrowded prisons and compromised living conditions for inmates. Addressing this issue requires a comprehensive approach that involves streamlining the investigation process, increasing judicial capacity, and improving prison infrastructure and staffing. Ensuring timely justice for all is not just a legal imperative but also a moral one, essential for upholding the principles of a just and democratic society.

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