ARCHIVES
VOL. 11, ISSUE 5 (2025)
Access to justice for undertrial prisoners in India
Authors
Nishi Karol
Abstract
Access to justice is a
foundational principle of the rule of law and a fundamental human right
enshrined in the Indian Constitution. However, for undertrial prisoners in
India, this right often remains elusive. This article critically examines the
structural and procedural barriers that hinder undertrial prisoners from
availing timely and effective legal remedies. Despite constitutional guarantees
under Articles 14, 21, and 39A, a significant proportion of India’s prison
population comprises undertrial detainees, many of whom are held for prolonged
periods without conviction. The paper analyzes the inefficiencies in legal aid
mechanisms, systemic delays in trial processes, socio-economic vulnerabilities,
and the lack of awareness among prisoners regarding their legal rights. It also
assesses the role of legal services authorities, judicial interventions, and
recent reforms aimed at decongesting prisons and ensuring speedy trials. By
ensuring equitable access to justice, the criminal justice system can move
closer to upholding the ideals of fairness and human dignity. The article
concludes with actionable recommendations to strengthen legal aid delivery and
expedite judicial processes for undertrial prisoners in India.
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Pages:23-28
How to cite this article:
Nishi Karol "Access to justice for undertrial prisoners in India". International Journal of Law, Vol 11, Issue 5, 2025, Pages 23-28
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