Why in News?
- A report (2019–2024) released by Square Circle Clinic, the Fair Trial Programme (FTP) of NALSAR University of Law, Hyderabad, revealed systemic failures in India’s legal aid system.
- The findings were discussed by Justice Vikram Nath (Supreme Court), who termed them “disturbing” and called for urgent legal aid reforms.
- The report gains importance amid the fact that over 70% of India’s prison inmates are undertrials, highlighting deep inequities in access to justice.
Relevance:
GS 2 – Polity & Governance, Judiciary, Social Justice
• Access to justice and judicial reforms (Article 39A)
• Undertrial crisis and prison reforms under Article 21
• Legal aid institutions – NALSA & DLSA
• Bail reforms and CrPC 436A provisions
• Human rights, overcrowding, and inclusive governance
Background — The Problem of Undertrials in India
- As per NCRB 2022–23 data:
- 77.1% of India’s prison population are undertrials (individuals not yet convicted).
- India’s prisons house 4.9 lakh+ prisoners, of which 3.8 lakh+ are undertrials.
- Overcrowding rate: ~131% nationally (Bihar, UP, MP among the worst).
- Constitutional context:
- Article 21: Right to life includes right to fair and speedy trial.
- Article 39A: Ensures free legal aid to economically weaker sections.
- Section 436A CrPC: Undertrials who have spent half of the maximum possible sentence in jail are eligible for release.
- Ground reality:
- Low awareness of legal rights.
- Mechanical bail applications.
- Poor implementation of legal aid through District Legal Services Authorities (DLSAs).
The Fair Trial Programme (FTP) — NALSAR’s Initiative
- Launched: 2019
- Supported by: NALSAR University of Law, Hyderabad
- Operating in: Nagpur and Yerawada Central Prisons
- Objective:
To ensure constitutional and procedural justice to undertrials through professional legal assistance, research, and rehabilitation support.
Case Study: Nita Devi’s Story
- Married at 16, survivor of domestic violence, later accused (allegedly falsely) of killing her children (2017).
- Spent over 5 years in prison before bail in 2022, secured through FTP lawyers.
- Diagnosed with mental illness, now rehabilitated and working at the clinic — exemplifying FTP’s reintegration approach.
Key Findings of the 2019–2024 FTP Report
| Indicator | Data/Findings |
| Total cases handled | 5,783 |
| Accused without any lawyer | 41.3% |
| Accused lacking essential documents | 51% |
| Undertrials with at least one disability | 58% |
| From disadvantaged caste groups (SC/ST/OBC) | 67.6% |
| Working in unorganised sector | 79.8% |
| Bail applications filed | 1,834 |
| Cases disposed | 777 |
| Clients released (bail/closure) | 1,388 (in 2,542 cases) |
Key Observations:
- Many undertrials had spent more time in prison than the maximum punishment for their alleged offences.
- Only 7.91% of undertrials in India have accessed legal aid (Justice Nath’s data).
- Bail pleas often filed mechanically, lacking documents or sureties, trapping poor accused in jail.
Judicial Concerns Highlighted by Justice Vikram Nath
- Access inequality: Legal aid remains theoretical; actual awareness is minimal.
- Structural flaw: DLSAs are underfunded and overburdened; need independent legal aid monitoring.
- Violation of Article 21: Delay, lack of counsel, and non-compliance with CrPC 436A erode fair trial rights.
- Justice delayed = justice denied: Many prisoners exceed their possible sentence term.
Significance of the FTP Model
- Bridges law schools with justice delivery: Real-time clinical legal education.
- Human rights focus: Treats undertrials as citizens with dignity, not statistics.
- Rehabilitation-oriented: Helps mental health, reintegration, and livelihood of released undertrials.
- Empirical justice: Data-backed interventions for judicial reform.
Systemic Issues in India’s Criminal Justice
- Overburdened lower judiciary: ~5 crore pending cases.
- Poor investigation standards: Low conviction rates (e.g., 57% for IPC crimes in 2022).
- Socio-economic bias: Majority of inmates poor, illiterate, marginalised.
- Gendered injustice: Women undertrials (4%) often victims of abuse and stigma.
Policy Recommendations Emerging from the Report
- Strengthen Legal Aid System:
- Independent Legal Aid Commission under Article 39A.
- Regular legal literacy camps inside prisons.
- Bail Reforms:
- Implement Bail Act (UK-style) norms — reasoned bail decisions and affordability checks.
- Strict monitoring of CrPC 436A compliance.
- Integration of Law Schools & NGOs:
- Scale up Fair Trial Clinics to all law universities.
- Digital Prison Records:
- Real-time tracking of undertrial periods, lawyer status, and case progress.
- Mental Health & Social Reintegration:
- Dedicated paralegal volunteers and psychosocial counsellors in jails.
Way Forward
- Justice Nath’s call reflects the need for a “Justice Delivery Ecosystem” that includes judiciary, academia, civil society, and prisons.
- FTP-type models should be institutionalised through National Legal Services Authority (NALSA).
- A shift from “incarceration as default” to “bail as the rule” is essential to uphold Article 21 and 39A.
Conclusion
- The NALSAR Fair Trial Programme exposes deep cracks in India’s criminal justice system — not just in laws, but in lived justice.
- It proves that access to justice is the first step toward restoring constitutional morality.
- For India to remain a true rule-of-law democracy, no one should be punished merely for being poor, uninformed, or unrepresented.
