Undertrial crisis

India’s prisons are bursting at the seams, with undertrials comprising over 75 per cent of the total inmate population. Home Minister Amit Shah’s commitment to ensuring justice for undertrials who have served one-third of their maximum sentence by November 26, Constitution Day, is a commendable step, but the challenges are immense. Despite recent legislative reforms like Section 479 of the Bharatiya Nagarik Suraksha Sanhita, systemic inefficiencies persist. The Supreme Court's stance on expediting undertrial releases highlights an enduring issue: bureaucratic delays and poor implementation of policies meant to protect the incarcerated. Even with supportive schemes, such as financial aid for poor prisoners, implementation remains inconsistent, leaving many eligible undertrials languishing in prison.

The crux of the problem lies in the criminal justice system, which prioritises punitive measures over reformative and rehabilitative justice. Judicial hesitancy to liberalise bail conditions, coupled with systemic delays in identifying eligible prisoners, exacerbates the issue. Furthermore, the scheme’s reliance on district collectors instead of legal service authorities has rendered it a low priority.

To truly address prison overcrowding, India must go beyond symbolic deadlines. Streamlining the identification and release process through review committees and incorporating social workers for due diligence can ensure timely justice. The government must also revisit outdated bail practices, encouraging personal recognisance bonds and leveraging technology for tracking released individuals. While Shah’s assurances of technology integration and reforms are promising, they require follow-through. The judiciary, law enforcement agencies and civil society need to work together to dismantle the systemic barriers. After all, justice delayed is not merely justice denied — it erodes the very foundation of liberty, as enshrined in the Constitution. Amelioration of the plight of undertrials is a test of India’s commitment to human dignity. With nearly half a million voices unheard behind bars, it is time for action.