PM Modi reaching out to undertrials is a huge step towards 'justice for all'

According to an estimate, in 2020, there were 4,88,511 prison inmates, of whom 76 per cent or 3,71,848 were undertrials.

In his address at the first All India District Legal Services Authorities Meet in the capital last weekend, Prime Minister Narendra Modi urged the judiciary to speed up the release of undertrials, who have been languishing in different jails across the country for want of proper judicial access.

Observers say the Prime Minister's concern over the predicament of the undertrials reflects his deep commitment to evolving a judicial system that is committed to our values of justice. In ancient times, India had a judicial system that would reach all individuals and groups without any discrimination in a society.

In modern times, our Constitution's Preamble promises justice-social, economic and political-to all citizens in our country. Our Constitution's Directive Principles of the State Policy talk of "equal justice and free legal aid" (Article 39-A). The Directives make it amply clear that our justice system cannot be limited to the socio-economically privileged sections alone.

Regrettably, only a small percentage of our population are being able to approach courts in the existing system. In the process. a large majority of our people suffer in silence. The undertrials have long been among the main victims of this systemic neglect. According to an estimate, in 2020, there were 4,88,511 prison inmates, of whom 76 per cent or 3,71,848 were undertrials.

The good news is there is a near consensus across the national spectrum today to reach out to the undertrials. At the All India District Legal Services Authorities Meet, Chief Justice of India N V Ramana and Union Law Minister Kiren Rijiju also underlined the need to address the plight of the undertrial prisoners.

The Supreme Court has spoken on several occasions on the need to be sensitive towards undertrial prisoners. The National Legal Services Authority (NALSA) has undertaken a campaign to identify undertrial prisoners, who are eligible for release, and recommend their cases to review committees.

The courts seem to be inclined to making use of modern technology to reach out to the undertrials . Technology is already being very useful in dispensing litigation across the country. According to an estimate, this enabled our high courts and district courts to hear over 19.2 million cases on video conferencing by April 30 this year.

The District Legal Services Authorities (DLSAs) can now take up the responsibility of providing legal aid to the undertrials. There are over 676 DLSAs in the country, each headed by the District Judge. The District Judges are the Chairpersons of undertrial review committees. They can expedite the release of undertrial prisoners.

(Jagdish N. Singh is a senior journalist based in New Delhi. He is also Senior Distinguished Fellow at the Gatestone Institute, New York)

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