“JUSTICE DELAYED IS JUSTICE DENIED,” a prominent saying which is used by the bureaucrats. Indian prisons are widely divided into convicts, undertrials, detenues and smaller divisions of persons that are kept in the custody for legal proceedings.
Undertrial prisoners are un-convicted prisoners who are detained by the police, and the population in the prison for these kinds of prisoners are in abundance than of the convicts. The survey of 2022 appears that about 76% of the prison inmates are in the process of undertrials which has been the highest in 25 years. There are around 1300 jails in our country and the occupancy rates of all the jails present goes over 130.2%.
The population of undertrial inmates mostly consists of BPL people, Dalits etc., people who are not economically strong to furnish bail bonds and continue the undertrials from jail for years together hoping that the case against them will be closed and that they can go back to their normal lives. Basically, if we speak of an average accused, they are usually in the prime of their lives and incapable of paying for legal help.
Families of prisoners in India face a range of challenges as they strive to provide support and care for their loved ones. The stigma associated with being related to an incarcerated person can lead to difficulties with accessing employment, housing, and other essential services. Additionally, the Indian legal system is complex and navigating it can be difficult for families who may not be familiar with the law. As a result, many families struggle to access legal representation for their loved ones, and are often unable to provide the financial resources needed to pay for bail or other legal fees. This can lead to prolonged detentions and a prolonged wait for trial. For those who have been convicted, the family may need to provide financial and emotional support throughout the duration of the sentence.
Another aspect that really affects the process of acquittal and conviction of a person are their families. In India, the families of the prisoners are believed to be inferior in the society. The families of undertrial prisoners go through what we can depict as hell, they are shunned from the society for no fault of theirs, the issues that is faced by them is no less than of a torment
The families go through the social humiliation, they often face social stigma and discrimination because of their association to the criminal justice system. This can lead to difficulty in finding employment, accessing housing, and engaging in social life. Additionally, financial Struggle is another burden for the spouses of the children, the incarceration can lead to a decrease in family income, as the prisoner may not be able to contribute to the family’s finances. This can lead to financial hardship and increase the family’s vulnerability. And it continues with loss of care i.e., the absence of the prisoner can leave the family with a care deficit, which can be particularly difficult for young children. Further they have a lack of support and access to adequate resources, including psychological and legal aid.
In the latest analysis of the reports of the NCRB, the jail is filled with youngsters of all genders who are mostly illiterate or have a low economic background and are too poor to apply for bail for their freedom. In the 78th Law commission, In the 268th Law Commission, it was said that it has become a norm for the influential people to acquire the bail but the people of low financial backgrounds which is where money prevails over human dignity.
How Nyaya Darpan Foundation supports the families of the inmates
Nyaya Darpan Foundation aims for the improvement of the inmates’ and their families to move on in their lives without being aggravated about their past or present situation and start afresh in their lives. We thrive to integrate the inmates back to society based on the skills they carry and see if an employment opportunity can be created. On the other hand, we work with the families of inmates to understand if any legal aid or representation is required especially that of the Undertrials who come from the weaker section of the society.