Understanding the Undertrial Problem in India

• The slow pace of the Indian justice system is one of the main contributors to the soaring number of undertrials. The Covid-19 pandemic has only made matters worse, causing unprecedented delays in court proceedings.
• The IJR report highlights that the rate of case disposal by courts slowed down considerably during the Covid-19 pandemic . This has resulted in a backlog of cases, which in turn, has led to an alarming increase in undertrials.
• Other factors, such as the inefficiencies of the criminal justice system , also play a significant role in the undertrial problem.
• Wrongful arrests made without adequate evidence or investigation is another issue. The National Crime Records Bureau reported that in 2019, approximately 22% of undertrials had been in custody for over two years, and more than 70% were detained for offenses that carried a maximum sentence of less than seven years.
• The scarcity of judges in India, with a judge-population ratio of 20 judges per million people, much lower than the global average, adds to the problem.
• The Indian judiciary is under tremendous pressure due to the backlog of over 4 crore cases as of 2021. This leads to a slow pace of justice delivery, resulting in undertrials spending years in prison without trial.
• The substandard conditions in Indian prisons, including overcrowding, lack of basic amenities, and poor healthcare facilities, exacerbate the plight of undertrials.
• The Supreme Court of India has taken several measures to address the issue, including directing all states in 2017 to set up committees to review undertrial cases. However, the implementation of these measures has been slow and inadequate.