The Supreme Court of India has directed authorities to intensify efforts to identify women undertrials who qualify for release under existing laws and guidelines. The court emphasized the need for a proactive approach to ensure that eligible women detainees, particularly those in vulnerable conditions, are not subjected to prolonged incarceration.
Background:
The Supreme Court’s observation came during a hearing on overcrowding in prisons and the disproportionate number of undertrial prisoners across the country. Women undertrials often face additional challenges, such as lack of legal representation and familial support, exacerbating their plight.
Court’s Rationale:
The court highlighted that the Criminal Procedure Code and guidelines issued by the National Legal Services Authority (NALSA) provide mechanisms for the release of undertrials on bail, particularly for women. It stressed that systemic delays and inadequate legal aid often prevent eligible detainees from benefiting from these provisions.
Existing Measures:
The Supreme Court referred to guidelines under Section 436A of the CrPC, which allows for the release of undertrials who have served half the maximum sentence for their alleged offenses. It also acknowledged the role of NALSA and prison authorities in ensuring that eligible undertrials are identified and brought to the notice of the judiciary for expedited relief.
Conclusion:
The court’s directive calls for a collaborative effort among prison authorities, legal aid organizations, and the judiciary to address the issue of women undertrials. By ensuring that eligible detainees are identified and released promptly, the judiciary aims to mitigate the hardships faced by women in the criminal justice system.