UNDERTRIAL PRISONERS IN INDIA
Undertrial prisoners are individuals who have been accused of a crime and are awaiting trial. In India, the number of undertrial prisoners is alarmingly high, constituting over two-thirds of the total prison population.

Many of these individuals remain incarcerated for extended periods due to systemic issues such as legal delays, lack of awareness about bail provisions, and inability to afford legal representation. This situation leads to overcrowded prisons and infringes upon the fundamental right to a fair and speedy trial. Our organization is committed to addressing these issues and ensuring that undertrial prisoners receive the justice they deserve.

CURRENT STATE OF AFFAIRS
As of the latest reports, over 70% of the prison population in India consists of under-trial prisoners.

Many undertrial prisoners have been in custody for more than a year, some even for several years, without their cases being heard. A significant majority of under-trial prisoners come from economically disadvantaged backgrounds, lacking the resources to secure bail or legal aid

As per the Prison Statistics of India, the total number of undertrial prisoners in India as of 2020 are 371848 out of which, legal aid is available to only 145822 prisoners. Data on use and availability of legal aid to under trial prisoners, over a period of four years, between 2016 and 2019, reveals that only 7.91% of the undertrials admitted into prisons utilised the legal aid services they were entitled to.

An analysis of the duration spent by each under trial prisoner without trial shows that more than 11,448 prisoners have been undertrial for over five years whereas more than 63,502 prisoners have been under trial for more than one year. This shows the large gaps within the existing legal and prison system in India,

Within this population, 77,716 prisoners belong to the Scheduled Caste, 39,031 belong to the Scheduled Tribes, 1,27,736 belong to the Other Backward Castes and 1,01,194 belong to the Others category.

LEGAL PROVISIONS APPLICABLE:
The Indian Constitution guarantees the right to a speedy trial under Article 21, ensuring that justice is not delayed.

Undertrial prisoners can apply for bail under Sections 436 to 439 of the Code of Criminal Procedure. This includes regular bail, anticipatory bail, and interim bail.

Article 39A of the Indian Constitution mandates free legal aid to ensure that justice is not denied due to economic constraints.

Undertrial prisoners can file petitions and appeals to higher courts challenging their prolonged detention and seeking expedited trials.