Under-Trial Prisoners in India: Empirical Insights on Legal Representation and Procedural Fairness

An ongoing issue affecting access to justice for under-trial prisoners in India is that the continuous development of under-trial laws has affected the value of being equal before the law, of one's personal freedom, and of being free from inhumane treatment due to detention for extended periods and lack of proper legal representation (Articles 14, 21, 22). By interviewing 210 under-trial prisoners, this research examines how effective the current statutory provisions are for providing legal aid, how lawyers communicate with their clients, and why their trials are delayed. The study found that of the 210 under-trial prisoners, 96.7% claimed to have received legal aid, but only 1.9% claimed to have been effectively represented by attorneys. In addition, the findings demonstrate a lack of effective communication between the prisoners and their attorneys, with 44.8% of the prisoners indicating that they had little or no contact with their lawyers. Evidence also indicates that the majority (56.2%) of the prisoners studied were detained for one to three years, providing proof that systemic violations of the right to a speedy trial (Supreme Court ruling in Hussainara Khatoon, 1979) continue to exist within the Indian criminal justice system. This research identifies the two major flaws in either the system of legal aid or the continual denial of justice due to excessive delays within the courts by combining both quantitative and doctrinal analyses. This study has produced recommendations for specific reforms to correct these failings and has recommended implementing an electronic legal aid system, requiring legal representatives to meet with prospective clients regularly; monitoring lawyer performance; as well as establishing a schedule for resolving pre-trial issues.