Detention Of Under-Trial Prisoners In Custody For An Indefinite Period Violates Article 21 Of The Constitution
Detention of Under-Trial Prisoners for an Indefinite Period Violates Article 21 of the Constitution
Context:
Under-trial prisoners (UTPs) are persons who are accused but not yet convicted of any crime and are held in custody pending trial. The Constitution of India guarantees protection of life and personal liberty under Article 21, which includes the right to a speedy trial and protection from indefinite or excessive detention.
Legal Principle:
Article 21 of the Constitution protects an individual from deprivation of life and personal liberty except according to the procedure established by law.
Detaining under-trial prisoners indefinitely without trial or conviction violates Article 21.
Prolonged detention of under-trials without a justifiable reason is arbitrary, illegal, and unconstitutional.
The State has a constitutional obligation to ensure a speedy and fair trial to prevent indefinite incarceration.
Reasoning:
Presumption of Innocence:
Under-trial prisoners are presumed innocent until proven guilty.
Detention without conviction must be limited and not prolonged indefinitely.
Right to Speedy Trial:
Delay in trial leads to prolonged detention, infringing the fundamental rights of UTPs.
Article 21 read with Article 22 (Right against arbitrary arrest and detention) mandates timely trial.
Arbitrariness and Proportionality:
Indefinite detention is arbitrary and disproportionate, violating constitutional morality.
It amounts to punitive incarceration without adjudication.
Human Rights and Dignity:
Excessive detention degrades human dignity and violates international human rights norms.
It impacts mental and physical health of the detainee.
Key Supreme Court Judgments:
1. Sunil Batra vs. Delhi Administration, AIR 1978 SC 1675
The Court held that prolonged detention of under-trials amounts to violation of Article 21.
Emphasized the right to speedy trial and humane treatment of prisoners.
2. Hussainara Khatoon vs. State of Bihar, AIR 1979 SC 1369
Landmark judgment stressing that detention of under-trial prisoners for unduly long periods is unconstitutional.
Mandated release of under-trials detained beyond reasonable time.
3. Babu Ram vs. State of UP, AIR 1983 SC 1256
Reiterated that prolonged detention violates personal liberty.
Directed authorities to ensure speedy trial and release where trial delays occur.
4. Dinesh Yadav vs. State of Bihar, (2010) 3 SCC 141
Held that indefinite detention without trial violates constitutional rights.
Stressed importance of speedy trial as an integral part of Article 21.
5. Sheela Barse vs. Union of India, AIR 1986 SC 1773
Advocated for proper monitoring of under-trial detention and reducing delay in trials.
Relevant High Court Decisions:
Many High Courts have taken suo motu cognizance or entertained writ petitions directing release or expeditious trial of under-trials detained for excessive periods.
Directives include setting up fast-track courts and reviewing long-pending cases.
Practical Implications:
Courts can grant bail or release orders if trial is unduly delayed.
State must improve judicial infrastructure to ensure timely trials.
Protection of under-trial prisoners’ rights is essential for upholding constitutional guarantees.
Summary Table:
| Aspect | Legal Position |
|---|---|
| Status of Under-Trial | Presumed innocent; not yet convicted |
| Article 21 Protection | Right to life and personal liberty; speedy trial essential |
| Violation | Indefinite or prolonged detention without trial is unconstitutional |
| Judicial Remedy | Bail, release orders, directions for speedy trials |
| Landmark Judgments | Sunil Batra, Hussainara Khatoon, Babu Ram, Dinesh Yadav |
Conclusion:
Detention of under-trial prisoners for an indefinite period without trial violates Article 21 of the Constitution of India. The Supreme Court has consistently held that such detention is arbitrary and unconstitutional. It is the constitutional duty of the State and judiciary to ensure speedy trials and protect the fundamental rights of under-trial prisoners.
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