Rights of Undertrial Prisoners: A Study Under Article 21 of the Constitution

"Rights and Reality of Undertrial Prisoners in India"

Persons held in judicial custody while an inquiry is ongoing are known as undertrial prisoners (UTPs) or trial prisoners and are safeguarded by the presumption of innocence. Despite this, UTPs constitute in excess of 75% of all inmates in India, demonstrating that the criminal justice system has a grave and systemic deficiency.

Their fundamental rights are non-negotiable and are primarily derived from Article 21 of the Indian Constitution (Right to Life and Personal Liberty). The judiciary has expanded this right to include humane treatment, a speedy trial, access to free legal aid, and comprehensive health and medical care.

Specific mandated facilities and rights include:

Right to Health: Guaranteed access to medical care, a balanced diet, and hygienic conditions, as detailed in the Model Prison Manual, 2016. This extends to specialised mental healthcare, as mandated by the Mental Healthcare Act, 2017.

However, these rights are severely hampered by systemic issues, notably extreme prison overcrowding, chronic staff shortages of medical personnel, and the inability of vulnerable populations (often belonging to marginalised communities) to access justice. Effective reform requires both judicial oversight and administrative modernisation, focusing on solutions such as the Bail Order Management System (BOMS) for immediate electronic release, real-time digital tracking of custody periods, and financial assistance for poor prisoners to secure bail. Ultimately, the objective is to ensure that detention is the exception, not the rule, and that the dignity of the unconvicted is fully respected.

“Prison itself is a tremendous education in the need for patience and perseverance. It is above all a test of one’s commitment.”