Reforming Undertrial Detention in India

Context:
The Supreme Court and the Union Government have prioritized the issue of undertrial prisoners, introducing measures like Section 479 of the BNSS, 2023, to address the growing concerns effectively.

State of Undertrial Prisoners in India

1. High Proportion of Undertrials:
   • As per NCRB’s Prison Statistics India 2022, 75.8% of incarcerated individuals (4,34,302 out of 5,73,220) were undertrials.
2. Women Undertrials:
   • 76.33% of women prisoners (18,146 out of 23,772) were undertrials, highlighting their disproportionate representation.
3. Prolonged Detention:
   • Around 8.6% of undertrials had been imprisoned for over three years, exacerbating the justice delivery system’s inefficiencies.

Key Challenges

1. Prison Overcrowding:
   • The undertrial population contributes significantly to overcrowded facilities, leading to poor living conditions.
2. Gender-Specific Vulnerabilities:
   • Women face additional challenges like inadequate facilities and the mental toll of prolonged uncertainty.
3. Judicial Delays:
   • The massive backlog of pending cases prolongs incarceration.
4. Delayed Implementation of Reforms:
   • By October 2024, only 19 out of 36 states/UTs had submitted reports on eligible undertrials for release under Section 479.

Provisions under Section 479 of the BNSS, 2023

1. Applicability:
   • The law applies retrospectively to cases before July 1, 2024.
2. Exemptions:
   • It excludes individuals facing multiple cases or pending investigations.
3. Relaxed Bail Norms:
   • Undertrials not accused of crimes warranting death or life imprisonment can seek bail if detained for more than half the maximum sentence.
   • First-time offenders are eligible for release after serving one-third of their maximum sentence.
4. Role of Jail Authorities:
   • Jail superintendents are tasked with informing courts about eligible cases for initiating bail processes.

Supreme Court’s Interventions

1. Retrospective Implementation:
   • The Court directed that Section 479 should apply to cases prior to BNSS enactment for maximum impact.
2. Mandatory Reporting:
   • States and UTs were ordered to submit data on eligible undertrials and report actions taken.
3. Accountability Mechanisms:
   • Jail superintendents were made responsible for identifying and flagging eligible cases promptly.

Advantages of the BNSS Provisions

1. Reduced Overcrowding:
   • Simplified bail provisions can alleviate strain on overburdened prisons.
2. Focus on Rehabilitation:
   • Timely release facilitates reintegration into society, reducing the stigma of incarceration.
3. Support for First-Time Offenders:
   • Ensures that individuals accused of minor or non-violent crimes are not unduly penalized.

Challenges in Implementation

1. Coordination Issues:
   • Slow response from states and UTs hampers progress.
2. Administrative Shortcomings:
   • Prisons lack adequate infrastructure to track eligible undertrials and submit timely reports.
3. Limited Awareness:
   • Many undertrials and their families remain uninformed about their rights under Section 479.

Way Forward

1. Strengthen Jail Administration:
   • Equip prison staff with the tools and resources needed to identify and process eligible undertrials efficiently.
2. Strict Timelines for Compliance:
   • Set enforceable deadlines for states and UTs to adhere to Supreme Court directives.
3. Judicial Efficiency:
   • Increase judicial capacity and adopt fast-track courts to address case backlogs.
4. Awareness Drives:
   • Conduct campaigns to educate undertrials and their families about the benefits and provisions of Section 479.
5. Focus on Women and Marginalized Groups:
   • Implement gender-sensitive reforms and ensure priority attention to the needs of vulnerable undertrials.