Justice Sanjay Kishan Kaul Highlights Concerns Over Undertrial Prisoners: A Deep Dive into the UTRC Special Campaign 2023
Justice Sanjay Kishan Kaul, a distinguished Supreme Court judge and the Executive Chairperson of the National Legal Services Authority (NALSA), has voiced his apprehensions regarding the plight of undertrial prisoners in India. He remarked,
“We could not have a scenario where we perceive that the only punishment that can be delivered is keeping people at the undertrial stage irrespective of whether the prosecution has the ability to get the conviction ultimately.”
He further commented on the alarming trend where individuals remain incarcerated as undertrials, with the underlying presumption being that detention might be their ultimate punishment, regardless of the final conviction outcome.
The Under Trial Review Committee (UTRC) Special Campaign, set to run from 18th September to 20th November 2023, will span across all Indian districts. Its primary objective is to bolster the operations of the UTRCs, district-centric entities led by District & Sessions Judges. These committees also comprise District Magistrates, Superintendents of Police, Secretaries, District Legal Services Authorities, and Officers-in-Charge of Prisons.
The UTRCs were established following the Supreme Court’s directives in the case of “In Re-Inhuman Conditions in 1382 Prisons” in 2015. Over the past five years, these committees have advocated for the release of over two lakh prisoners, resulting in the actual release of 91,703 inmates across the nation. Furthermore, NALSA’s ‘Release_UTRC@75’ campaign in mid-2022 led to recommendations for the release of 47,618 prisoners, of which 37,220 were subsequently freed.
Justice Kaul emphasized the campaign’s alignment with NALSA’s ongoing efforts to ensure that no individual remains imprisoned without availing their legal right to seek release. He cited National Crime Record Bureau data, which indicates that approximately 18 lakh individuals are admitted to prisons annually, reflecting a significant influx of undertrial prisoners. Justice Kaul passionately stated,
“Our responsibility as judges is that law is followed in letter and spirit and it does not discriminate anyone on the basis of manmade qualifiers.”
He underscored the judiciary’s foundational role in upholding the rule of law and ensuring access to justice.
Shedding light on the broader implications, Justice Kaul highlighted the financial strain pre-conviction detention places on the accused and their families. He referenced the 2030 Agenda for Sustainable Development by the UN, which recognizes the intrinsic connection between access to justice and individuals’ rights to equal legal treatment and protection. He further elaborated on the UN’s 2012 principles and guidelines on legal aid access in criminal justice systems, emphasizing the importance of an effective legal system for fostering inclusive and sustainable growth.
Justice Kaul concluded by outlining the three pillars of any successful campaign: thorough groundwork preparation, strict adherence to timelines, and robust reporting mechanisms.
Ms. Santosh Snehi Mann, Member Secretary of NALSA, who presided over the launch event, echoed the UTRCs’ mission to prevent imprisonment due to poverty or insufficient legal representation. She firmly reiterated the principle that ‘Bail is the rule & jail is the exception.’
