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VOL. 12, ISSUE 2 (2026)
The role of the Indian Judiciary in safeguarding the rights of under-trial prisoners: A socio-legal analysis
Authors
Samiksha Jayaswal, Dr. Usman Ullah Khan
Abstract
Under-trial prisoners form a considerable portion of the Indian prison population, posing major issues of protection of human rights and effective operation of the criminal justice system. Despite the guarantees provided by the Constitution concerning equality and individual liberties, several individuals continue to be held in jails without any conviction, many times for extended periods. This research paper attempts to highlight the role played by the Indian judiciary in protecting the rights of under-trial prisoners from a socio-legal perspective. Judicial intervention measures like Hussainara Khatoon v. State of Bihar, Sunil Batra v. Delhi Administration, and Re: Inhuman Conditions in 1382 Prisons are discussed in this paper along with the way these judgments have contributed to expanding the ambit of Article 21 of the Constitution of India. The gap between judicial decisions and their implementation has been analyzed, and the socio-economic factors contributing to this gap have also been explored. Finally, it is concluded that the Indian judiciary has made a significant contribution to protect the rights of under-trials but certain obstacles need to be overcome.
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Pages:106-108
How to cite this article:
Samiksha Jayaswal, Dr. Usman Ullah Khan "The role of the Indian Judiciary in safeguarding the rights of under-trial prisoners: A socio-legal analysis". International Journal of Law, Vol 12, Issue 2, 2026, Pages 106-108
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