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Introduction

1. Introduction. What needs to be addressed. 3,85,135. prison population as PER NCRB PRISON STATISTICS 2012 as on 31 December 2012. 2,54,857 (66.2%). 1,27,789 (33.2%). Number of Undertrials. Number of Convicts. 2. Early & Effective Representation.

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Introduction

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Presentation Transcript

  1. 1 Introduction What needs to be addressed

  2. 3,85,135 prison population as PER NCRB PRISON STATISTICS 2012 as on 31 December 2012

  3. 2,54,857 (66.2%) 1,27,789 (33.2%) Number of Undertrials Number of Convicts

  4. 2 Early & Effective Representation

  5. Undertrial & the Criminal Justice System Undertrial in Prison Judiciary Police Oversight Probation Legal Aid

  6. Horrors of Unnecessary Detention

  7. My family knew nothing about my arrest. No legal and medical aid was offered to me. The Magistrate did not even look at me and sent me to judicial custody. The police beat me up and produced me in court after 4 days. Police custody & first production

  8. Question 1: What happens when a person is picked up by police on mere suspicion? (Video Clip from Crime Patrol)

  9. Question 2:  What happens when an arrested person has no lawyer at the time of interrogation, arrest and first production? (Video Clip from the movie Shaitan)

  10. COURT PROCEEDINGS & JUDICIAL CUSTODY

  11. Why has my chargesheetnot been filed yet? 60 days are over & you still want to keep me? I am from another state. I have no one to provide surety even if Court has granted me bail Remanding me to 14 days Judicial Custody AGAIN?? My lawyer has not come to meet me in prison for 10 months now I was in court lock up… The magistrate did not ask for my physical production The court has not appointed a legal aid lawyer for me though I am poor…how do I get bail? I’ve completed half term in prison as undertrial & still here COURT PROCEEDINGS & JUDICIAL CUSTODY

  12. Question 1:  What happens when an accused is not represented during hearing? (Video Clip from the movie Justice for All)

  13. Question 2:  Can a lawyer safeguard the rights of his/her client without adequate legal knowledge and skills? (Video Clip of movie Virasat& KBC Ad)

  14. Question 3:  What happens when an accused is not physically produced before the Magistrate repeatedly? (Video Clip from CHRI documentary)

  15. Question 4:  Can an undertrial ever be released on bail if he doesn’t have surety? (Video Clip of Mother-son story)

  16. Question 5:  What happens to the family of an undertrial when trial goes on for a long time? (Video Clip from CHRI documentary)

  17. 3 Monitoring Prisons

  18. MONITORING PRISONS

  19. My case must have been reviewed by the PRCsinceI am a first time petty offender and have been in jail for 14 months Will the Judge ever visit us in the prison? 5 new prisoners came to the barrack… there is no place to even lie down properly I am Late Balu Ram. I spent 36 years in prison but my trial could not be completed. My fault: I was mentally ill We are foreign nationals. Our sentence is done. Why are we still here? How do I eat food here? The plates are not cleaned MONITORING PRISONS

  20. Indian Justice System – Remedy or Malady? ReaLITIES ON THE GROUND AND KEY challenges IN prison REFORMS

  21. Overcrowding Poor implementation of statutory non-custodial provisions and MHA advisories Poor Accountability to International Standards for Treatment of Prisoners 4 We & Them Divide 5 1 Low civil society participation in prisons 6 Inadequate protection mechanisms for the vulnerable and weak 2 7 3 Constraints – human and financial resources 8 Low awareness 9 Post release follow-up of prisoners is very negligible

  22. Thank you! Prison Reforms Programme Behind Bars Not Beyond Justice Commonwealth Human Rights Initiative

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