Abstract:
The Prison Statistics India Report 2015 says that Indian prisons have a higher
occupancy rate because of the overpopulation of prisoners. Undertrial prisoners
are the major occupants of the prison. The reason for their incarceration is an
incomplete trial process resulting in prolonged detention sometimes for years
more than the prescribed punishment for their offense(s). This study tries to
understand the status of undertrial prisoners in Karnataka and its situation when
compared to the national average. In addition to it, the study also tries to analyze
the change in the population of undertrial prisoners under various categories in the
last 10 years. The study asserted that it is this socio-economically vulnerable
section of the society which is incarcerated in large numbers as undertrials.
In addition to it, the study also tries to explore the provision of legal aid
for these undertrial prisoners and its status in the State of Karnataka. The study
shows the poor state of affair of the legal aid system in Karnataka by highlighting
major challenges in the prevalent system. In the end, the study tries to suggest
some suitable policy recommendations to reform the existing legal aid system so
that it can address the problems of undertrial prisoners in Karnataka to some
extent.
