HUMAN RIGHTS OF UNDERTRIAL PRISONERS: A STUDY

Abstract

In India the population held in prison institutions has increased abundantly over the past few decades. This increase can be directly correlated with an increase in crime and an increase in the overall population. This has created a number of challenges for the authorities, such as concerns for safety, security, hygiene, and so on. There are thousands of cases where individuals accused of bailable offences are detained, where bail is a matter of right. The order of detention is an aberration in such cases. Thus, a large amount of prison space in India and costs of prison maintenance are being exhausted on under trial prisoners, which should be avoided to reduce the burden on the exchequer. This situation has resulted in the blatant violation of the fundamental rights of those under trial, especially the deprived and indigent. Despite India's claim to be the world's largest democracy, the fate of under trial prisoners is a cause of concern. Prisons should not be treated as social dustbins.