FAMILY LIFE OF UNDERTRIAL PRISONERS

Abstract

Undertrial prisoners when incarcerated effects many things not only their life inside the prison but even outside is affected. There is a lot of ambush that their family has to go through. Its not even limited to people in the society but their own blood related relatives severe their ties with the family of the prisoner. This is not even limited to the time when the prisoner is incarcerated even after release there are the same society and relatives and the difficulty doesn’t lessen instead the whole family is seen as a convicted person even if they are falsely accused just because they have stayed in prison.

Introduction

Undertrial prisoners are those who have been convicted for offences which they are accused of committing. In layman’s term any prisoner which is undergoing trial in the courts of Indian is known as undertrial prisoners in India. The 78th Report of Law commission those prisoners awaiting in prisons for their trial with non bailable offence or them whose bail amounts are so high that they cannot afford it were also included with those out on bail. Also, the prisoners whose charge sheets are not filed and their trial has not even commenced but they are taken into custody.1 These prisoners are not convicted2 and are just accused of a certain crime and their trial process still remains.

It is well known how the family of prisoners are treated and for a matter of fact they are the poor who are in an abundance been incarcerated, making the people with them who are most probably illiterate believe that they have been convicted of an offence and not the petty ones. Prisoners who are undertrial of any offence they are accused of committing are found many a times to be innocent which makes their social life miserable. All their social circle society family tends to see them in the light of a prisoner. Even if they are wrongly accused of

1 Vidushi Gupta, the state of undertrial incarceration in India The Criminal Law Blog (2021), https://criminallawstudiesnluj.wordpress.com/2020/10/25/the-state-of-undertrial-incarceration-in-india/ (last visited May 21, 2021). 2 Vignesh Radhakrishnan & Sumant Sen, Data | 70% prisoners in India are undertrials (2021), https://www.thehindu.com/data/data-70-prisoners-in-india-are-undertrials/article32569643.ece (last visited May 21, 2021). something that doesn’t matter. There is a wrong that stays with them forever. Human is a social animal and this process destroys that completely.

Not even just the adults who go through this there are also juvenile prisons by which the wrongly accused prisoners have to go through the social dilemma. Before even starting a social life, they have been put inside a jail for so called reformation which truthfully doesn’t bring them anything.

A report of National Crime Records Bureau (NCRB), Prison Statistics India 2019 there were 1350 prisons in India as of 2019. The undertrial prisoners from 2018 to 2019 increased by 2.15%. Out of 478600 prisoners there were 330487 prisoners who were undertrials prisoners accounting for almost 70% of the whole prison population. The greatest number of these prisoners were found in Uttar Pradesh followed by Bihar and then Maharashtra.3 According to World Prison Brief India is only 15th among 217 countries for undertrial prisoners which means only 14 countries have a higher proportion of undertrial prisoners than India.4

Definition of Family Members

In general terms a family is understanded by the people who are in relation with blood or the spouses of respective people in case of non-blood relation. People who are in blood relation can be anybody from parents to siblings to children of one. All are considered to be family. But if we have to understand the meaning of family members legally it is as follows, family member will include husband and wife, son or daughter, parents, siblings or any other person related to the person by blood or marriage, even if not dependent on the person.5

So, a basic understanding of those who are family members to a prisoner are those who are relatives to a person by blood or by marriage. These are the immediate family of any person including the undertrial prisoners.

3 Prison Statistics Indian 2019, 26 (2020), https://ncrb.gov.in/sites/default/files/PSI-2019-27-08-2020.pdf (last visited May 21, 2021). 4 Shreehari Paliath, Seven in 10 Indian prisoners are awaiting trial – one in three jail inmates is Dalit or Adivasi Scroll.in (2021), https://scroll.in/article/972458/seven-in-10-indian-prisoners-are-awaiting-trial-one-in-three- jail-inmates-is-dalit-or-adivasi (last visited May 21, 2021). 5 Bharti Jain, Government clarifies definition of 'family members' for employees | India News - Times of India (2021), https://timesofindia.indiatimes.com/india/government-clarifies-definition-of-family- members-for- employees/articleshow/53325018.cms#:~:text=NEW%20DELHI%3A%20The%20Modi%20government,parent s%2C%20siblings%20or%20any%20other (last visited May 22, 2021). Relation with Family Members

Once a person is incarcerated in normal circumstances the relation of that person with the family members can strain, the family may deny to accept the person as their own, they may cut their ties with the person. As these prisoners are generally the poor and the middle class for whom their name is of the highest value their goodwill is what matters is deteriorated, they are humiliated by their society and community people. As a result, the family is bound to strain ties with the prisoner. The strain is more prevalent in distant family relations and less to be seen among the very own. In cases of spouses or children the relation does get bitter as it is a lot of humiliation for the child as well as the spouse.

Family members of an undertrial prisoner is harassed by the society as well as the police as they find themselves helpless. Even if a family tries to help it is stopped by different authorities abusing their powers as they are unaware of the rights bestowed upon them. Family of these undertrial prisoners can get into dangers for the same. After a time even the prisoners deny their family to meet them as this takes a toll on both the family and the undertrial prisoner.

Owing to these actions the undertrial prisoners gets more distressed they have potentially no family to talk to for a long time and this affects their mental health, both inside and outside the prison they find it difficult to survive because nor the conditions inside the prison are such to survive nor outside the prison there is family support.

Even Supreme Court had held that family members even though kept in surveillance should be always have a right to meet the undertrial prisoners and the legal practitioners have the same right.6 This right also inherently present in our constitution under Article 21 and 22(1). Also, in the present case where Covid-19 has been spread the visitation had stopped but it was continued through video calling and different procedures in Maharashtra jails. The visitation had also resumed after a while.7 In Ramanatha Nisha case Supreme court by giving the right to the undertrial prisoner meet his ailing wife in the hospital had kept up the standard of how important it was for prisoners to be in communication family friends.8

6 Sunil Batra v Administration, (2) 1980 SCR 557 (1979). 7 Faisal Tandel, Visitation for lawyers and family members to resume in Maharashtra prisons (2021), https://www.hindustantimes.com/cities/mumbai-news/visitation-for-lawyers-and-family-members-to- resume-in-maharashtra-prisons-101612982467666.html (last visited May 21, 2021). 8 Madhav Khosla, Why Rahmath Nisha judgment about a prisoner & his wife is a celebration of right to privacy ThePrint (2021), https://theprint.in/opinion/why-rahmath-nisha-judgment-about-a-prisoner-his-wife-is-a- celebration-of-right-to-privacy/247485/ (last visited May 21, 2021). Family Tensions

Family is the one social economical psychological bind of a member. When one is sent to the prison and is to await trial it gets difficult to make the same bond intact. Socially the society community all keep the families of the undertrial prisoner abandoned. They no more think them one of their own. This hugely impacts the image goodwill and mental health of the particular family.

Economically if the sole bread owner or the head of the family is the undertrial prisoner, the family has no source of whatever income they used to have. Even the job of the person in the prison goes away giving rise to more tensions. Family and the undertrial prisoner both go through the rough patch of not having any income because of which neither legal assistance can be sought nor there is something to eat for the family. It was even held in one of the cases wherein the Supreme Court had said that pre- trial detention can cause grave injury to the detained and the family, the one detained may lose his job if has one and the family has to eventually bear the consequences for the same.9

Now even psychologically the family and the prisoner get challenged. They have to face the wrath of the relatives and the community and then the uncertainties they have in their minds with respect to freedom of the member. They have to go through a lot of mental trauma through that time as even though with what the society says the family has to keep on living its life for which they have to find jobs and everyday face the people who see them as offenders. Even job prospectus due to their background goes a little blur. This is indeed the ground reality which many have to face.

In fact, the Supreme Court had said in a case if there is no fear of an undertrial prisoner to abscond then he shall be released on personal bond and for that various factors can be seen such as the length of his stay in the place, his financial stability, family relations, reputation etc. and if satisfied shall be released for the time being with certain conditions till the judgement arrives.10

9 Moti Ram and Ors. v State of Madhya Pradesh, AIR 1978 SC 1594 (1978). 10 Hussainara Khatoon v State of Bihar, AIR 1369 (1979). Growing up in Prisons

There have been many instances when the mother who is pregnant or lactating has to go in prison and that too before getting convicted. Undertrial mothers in prison cause the child to also be born in the prison as a result without any accusation also stay in their life in a prison. This causes the child to go through tough times which may cause him mental health issues, lack of confidence, lack of social skills in further life. Even he stays with the same set of people who have been convicted of crimes giving him the all-wrong atmosphere for growing up. The number of the children in the same situation is quite disheartening. According to National Crime Record Bureau 1779 children are staying in prisons with their mothers.11

In a landmark judgement12 in 2006 it was held by the Supreme Court of India that the environment of jail in not conducive for children to live and grow in. It was also held that basic standards must be followed which were in consonance with international standards such as United Nations Rules for the Treatment of women prisoners and the UN minimum standards for the treatment of prisoners.13 In the case it was also held that they should not be kept without their mothers so till the age of 6 years they shall but after that the State shall take action, But the ground reality as usual stays the same there is no action for the same.

A more recent judgement14 that was passed by Delhi High Court Safoora Zargar an activist arrested under Unlawful Activities Prevention Act (UAPA) was given bail on humanitarian grounds for her to give birth to child, which was further clarified by Solicitor General Tushar Mehta that it was not to set a precedent and was merely done on humanitarian grounds.

In 2018, Ministry of Women and Child Development had stated that pregnant women should be given bail and the necessary court (which had ordered detention) should be informed so as to either grant bail or modify the detention of the same.15

Section 416 of CrPC has stated that there shall be postponement of execution of a woman if found to be pregnant. Under this provision if a woman is not to be hanged at least the detained

11 Prison Statistics Indian 2019, 80 (2020), https://ncrb.gov.in/sites/default/files/PSI-2019-27-08-2020.pdf (last visited May 21, 2021). 12 RD Upadhyay v State of Andhra Pradesh, AIR 1999 SC 2183 (1998). 13 Sukanya Shantha, Growing up in Indian prisons: Children of undertrials and a case of widespread neglect Scroll.in (2021), https://scroll.in/article/808713/growing-up-in-prison-children-of-undertrials-and-a-case-of- widespread-neglect (last visited May 21, 2021). 14 Safoora Zargar v State, SCC OnLine Del 664 (2020). 15 Pratiksha Baxi & Navsharan Singh, A Case for the Release of All Women Undertrial Prisoners The Leaflet (2021), https://www.theleaflet.in/a-case-for-the-release-of-all-women-undertrial-prisoners/ (last visited May 22, 2021). should be able to go out on jail for giving birth to the child. Also, the child is not at fault and to keep them in prison is violative of many rights which a citizen has in our country.

Personality Change

An undertrial prisoner can be kept for a long time in the prison and as a result there is a long cut between and their family members. They stay in an influence of serious offenders. This changes their personality to a large extent. There is a huge psychological effect on them as the atmosphere they are staying is not what a normal person would stay in, this gives rise to change in their personality. Even when they are freed of all allegations the social life of a person till that time has ruined as a result there is unwanted behavior from even their relatives and friends and family. This further instigates their personality change.

This is more of a psychological process which an undertrial goes through which may even not be justified taken consideration if they are released innocent and of no charge. Not staying with the family severely triggers this psychological change. Supreme Court has held that a prisoner is a human being, natural, legal person. After incarceration prisoner loses this status of human being, natural person, legal person. 16

Longer time in prison or harsher punishments can also lead to this psychological change which the prisoner shows and this shows in their day-to-day activities where even after freedom it feels like staying in the prison. The trauma stays with them and as a result makes the reintegration to the normal life very difficult for the prisoner.17

Reasonable Wages

Once a person has been jailed their job prospectus in major scenarios goes down the lane. They have this image which makes them unworthy of jobs as companies refrain from joining themselves with such offences or offenders to keep their image clear. Undertrial prisoners even after being released with no charges have to face this in the society. There is a spectacle which

16 Ishan Harlaka, Prison Life In India and its Aftermath - Lex Insider Lex Insider (2021), https://lexinsider.com/prison-life-in-india-and-its-aftermath/ (last visited May 22, 2021). 17 Christian Jarrett, How prison changes people Bbc.com (2021), https://www.bbc.com/future/article/20180430- the-unexpected-ways-prison-time-changes-people (last visited May 22, 2021). the society sees that person now and they behave accordingly. Now the one who may be the single bread owner cannot earn for his family because no one is ready to provide one.

The undertrial also work in jails and compared to the outside do get paid for the same which was further held in a landmark judgement18 the Apex court had taken into consideration the work of the jail inmates and had ordered that the work that has been done should be paid to the prisoners which should be as remuneration and shouldn’t be trivial in any circumstance. The work should be duly paid for. Also, it was further said the work shouldn’t be monotonous it should be a healthy mixture of all manual intellectual mechanical etc. It went on further to say that those who with this show interest in higher studies than what they have currently should be provided relevant resources for the same.

This not only gives a chance to the undertrial to have their education which they wished to pursue outside even when they get released could use this education for new job prospects which otherwise wouldn’t be possible seeing their image per se. Also, working provides them with wages which could help their family sustain in case of there is no economic stability for the undertrial’s family. Not giving the undertrials fair and reasonable wages is very much violative of Article 23 of the constitution which states prohibition of forced human labor as it would result in bonded labor.19

Social Disabilities

It is quite natural that once a person is sent to the prison there is a cut off from the general society. He stays between those who are also far from the society. Already one has to work according to the social norms that the society sets and being incarcerated is breaching that norm enormously. Incarcerated prisoners are kept away from the society with the view to keep the evil away from the commoners. As a result, there is little or no contact with the outside world. The society also gives the undertrials a hard time as for them they are already convicted and had been punished.20 As it is well known that a human is a social animal, and to keep him away form that social life for such a long time shall be constraining.

18 Mohammed Giasudin v State of Andhra Pradesh, AIR 1977 SC 1926 (1977). 19 Uzair Khan, iPleaders Blog - Legal Backdrop of Prison Reforms iPleaders (2021), https://blog.ipleaders.in/legal-backdrop-prison-reforms/ (last visited May 22, 2021). 20 Uzair Khan, iPleaders Blog - Legal Backdrop of Prison Reforms iPleaders (2021), https://blog.ipleaders.in/legal-backdrop-prison-reforms/ (last visited May 22, 2021). Family of the prisoner in such situations do play a role of keeping them still in connect with the society by regular meetings and letters. The same was recommended by the 78th report of the law commission of India which was about undertrial prisoners and it suggested that on their own cost the government should let them send as many letters as they want and on government’s cost, they could send two letters.21 This would help them be in contact of the society and feel to be a part and not an outsider. The mulla committee in its 1983 report had recommended that there shall be no limit in incoming letters to the prisoners and there should be at least 2 letters which the inmates could send on the government’s cost.22

Letters or communication of any sorts with the outside world through the way of friends and family helps the undertrial psychologically for his stay in the prison. Though it doesn’t get easy but prisoner learns to live through it. With the support of the people important to him outside there is a great chance of him being not socially distant which may happen to one by the stay in the prison.

Desertion by Wives and Negligence of Children

As an undertrial prisoner has to stay in jail his family outside that is his wife and children are left alone with the wrath of the society. As the release of the prisoner is quite uncertain the wives are sometimes left with no choice but to leave them. The future of the wife is already dark as she may have children to whom she has to take care and there is no bread owner in the family. It can be seen in many cases where the wife files for divorce with the husband and decides to single handedly take care of the children. Even the society makes it difficult for the women to function without any problem. This can also be a ground for filing for divorce as the person is no longer in the position to economically help the family.

As for the children of undertrial prisoners for the pregnant women the conditions have been worse but even for undertrial prisoner men whose child is out with a single parent the situation is not very exciting. The education health of children is highly at stake and even the social life of a child is affected. Parents of other children may deny their children to hang around with the child and he may then as a result be cornered. The child may also suffer from everyone either

21 Prison Reforms, 6, https://www.mha.gov.in/MHA1/PrisonReforms/NewPDF/PRV1_210TO240.pdf (last visited May 22, 2021). 22 Balijeet Kaur, Prisoners’ Right to Write: Why SC Rulings Should be Taken Seriously by Prison Authorities Economic and Political Weekly (2021), https://www.epw.in/engage/article/prisoners-right-write-why-sc-rulings- should-be-considered (last visited May 22, 2021). teasing or taunting him making him more vulnerable. The social stigma of a parent being in prison leaves the child in delinquency and is exploited by others.23

Both the wife and the child are affected to a large extent for which they think it favorable for their well being that they cut ties with such person. This not only cuts the only connect that the prisoner may have with the outside world it also makes him psychologically vulnerable as the people he thought would support left him alone in cliffhanger.

The Way Forward

With all the above information one thing that remained constant was that because a person had to be sent in the prison without even before the commencement of trial or when the trial was in process led to the social stigmas to arise. People being detained even before the offence being proved causes social economic psychological to all people involved. This through various can be stopped and the most obvious one is not sending them to prison in the first place or at least take some other measures on the same lines.

Financial Assistance for the Family

The one thing that can be done is that if the sole bread owner is not earning the families can be given financial assistance. National legal Services Authority (NALSA) has launched a scheme wherein the undertrial prisoners’ family can sought for financial assistance.24 This is the one thing which may give at least bread to eat and not sleep empty stomach. Though there is no law in the country which directs the government to provide for financial assistance to the family but such help shall help a lot of families of the undertrial prisoners if implemented. It would curtail one of the biggest problems of the undertrial prisoners.

Spreading Awareness in Society

Another way which both the family and the prisoner is given a bit relief is through spreading awareness about the procedure among people. They should be known that mere being in custody doesn’t imply that the person is an offender and they can still behave in normal way.

23 Khan Akib, The Human Right Of Under Trail Prisoners Legalserviceindia.com (2021), http://www.legalserviceindia.com/legal/article-4537-the-human-right-of-under-trail-prisoners.html (last visited May 22, 2021). 24 Kanu Sarda, Undertrials can now seek financial help for family (2019), https://www.newindianexpress.com/nation/2019/aug/05/undertrials-can-now-seek-financial-help-for-family- 2014280.html (last visited May 22, 2021). No person through media trials or people trial should be adjudicated guilty. Every person is innocent until proven guilty. People should rather help others to reform than to show them down for things they haven’t even committed. Public cooperation makes the whole procedure much swifter.

Campaign for Legal Assistance

There can be campaigns for the families of the undertrial prisoners by which they are interacted with and are informed of the legal rights they could avail.25 This will help in first identifying the families that are in need of help and also then helping them avail their rights which have been violated. A campaign was launched in August 2019 for giving legal assistance to family members of the undertrial prisoners. The District Legal Service Authority launched this and focused both legal and non-legal assistance for the family.26 Even legal aid cells could be set up for the family to make aware of the rights and periodically could be checked upon.27

Differentiating Convicts and Undertrials

One thing that has been emphasized time and again is the different treatment of undertrial prisoner in relation to convicted ones which has been said in Justice Mulla Committee, the Working Group on Prisons setup by the Home Ministry in 1972. This can be done through providing separate cells to them rather than together with the convicts, or can be kept in open prisons where they move around freely. Also. Food clothing shelter should be different than those convicted. Also, they shall be provided with more facilities than the convicts are provided by. This not only helps the respective authorities to work towards the development of the system also the society could be made to understand that there is a difference and merely being in custody doesn’t imply being an offender.

Alternative of Imprisonment

What can be done with the undertrials is providing them with alternative rather than of imprisonment which was also held by the supreme court in case detention may not be necessary

25 A CAMPAIGN FOR LEGAL ASSISTANCE TO THE FAMILY MEMBERS OF THE PRISONERS, 8, https://kslsa.kar.nic.in/pdfs/campaigns/2.pdf (last visited May 22, 2021). 26 HT Corespondent, Campaign to give legal assistance to family members of prisoners Hindustan Times (2019), https://www.hindustantimes.com/cities/campaign-to-give-legal-assistance-to-family-members-of- prisoners/story-VmFJ5cTK13oSPbu4JhW5vI.html (last visited May 22, 2021). 27 Vidushi Gupta, the state of undertrial incarceration in India The Criminal Law Blog (2021), https://criminallawstudiesnluj.wordpress.com/2020/10/25/the-state-of-undertrial-incarceration-in-india/ (last visited May 24, 2021). then other means shall be used28. It can be giving probation that means not giving entire freedom as a normal citizen might enjoy but they could stay with the society. There case could be heard in a special court where the trial is finished as soon as possible and the undertrial can stay with its family and the society. Also, according to Article 436A that if an undertrial serves half the punishment which he would go through in case convicted should be released.

Conclusion

There have been judgements, recommendations by committees, various statutes all regarding undertrial prisoner and specifically in relation to their families. But at the end what really matters is the implementation of these on the ground level. There are thousands of recommendations already on paper which seem to be very appropriate but till they are not successfully implemented nothing can change the status of the undertrial prisoners.

The family of the undertrial have to go through a lot already and by implementing these they would at least have something they could grasp on. This would just make their life a little easier than what it already is.

28 State of Rajasthan v Balchand alias baliay, (1) 1978 SCR 535 (1977). Bibliography

A CAMPAIGN FOR LEGAL ASSISTANCE TO THE FAMILY MEMBERS OF THE PRISONERS A CAMPAIGN FOR LEGAL ASSISTANCE TO THE FAMILY MEMBERS OF THE PRISONERS, 8, https://kslsa.kar.nic.in/pdfs/campaigns/2.pdf (last visited May 22, 2021).

AKIB, K. The Human Right Of Under Trail Prisoners Khan Akib, The Human Right Of Under Trail Prisoners Legalserviceindia.com (2021), http://www.legalserviceindia.com/legal/article-4537-the-human-right-of-under-trail- prisoners.html (last visited May 22, 2021).

BAXI, P. AND SINGH, N. A Case for the Release of All Women Undertrial Prisoners Pratiksha Baxi & Navsharan Singh, A Case for the Release of All Women Undertrial Prisoners The Leaflet (2021), https://www.theleaflet.in/a-case-for-the-release-of-all-women- undertrial-prisoners/ (last visited May 22, 2021).

CORESPONDENT, H. Campaign to give legal assistance to family members of prisoners HT Corespondent, Campaign to give legal assistance to family members of prisoners Hindustan Times (2019), https://www.hindustantimes.com/cities/campaign-to-give-legal- assistance-to-family-members-of-prisoners/story-VmFJ5cTK13oSPbu4JhW5vI.html (last visited May 22, 2021).

GUPTA, V. The state of undertrial incarceration in India Vidushi Gupta, The state of undertrial incarceration in India The Criminal Law Blog (2021), https://criminallawstudiesnluj.wordpress.com/2020/10/25/the-state-of-undertrial- incarceration-in-india/ (last visited May 24, 2021).

HARLAKA, I. Prison Life In India and its Aftermath - Lex Insider Ishan Harlaka, Prison Life In India and its Aftermath - Lex Insider Lex Insider (2021), https://lexinsider.com/prison-life-in-india-and-its-aftermath/ (last visited May 22, 2021).

HUSSAINARA KHATOON V STATE OF BIHAR Hussainara Khatoon v State of Bihar, AIR 1369 (1979).

JAIN, B. Government clarifies definition of 'family members' for employees | India News - Times of India Bharti Jain, Government clarifies definition of 'family members' for employees | India News - Times of India The Times of India (2021), https://timesofindia.indiatimes.com/india/government-clarifies-definition-of-family- members-for- employees/articleshow/53325018.cms#:~:text=NEW%20DELHI%3A%20The%20Modi%20 government,parents%2C%20siblings%20or%20any%20other (last visited May 22, 2021).

JARRETT, C. How prison changes people Christian Jarrett, How prison changes people Bbc.com (2021), https://www.bbc.com/future/article/20180430-the-unexpected-ways-prison-time-changes- people (last visited May 22, 2021).

KAUR, B. Prisoners’ Right to Write: Why SC Rulings Should be Taken Seriously by Prison Authorities Balijeet Kaur, Prisoners’ Right to Write: Why SC Rulings Should be Taken Seriously by Prison Authorities Economic and Political Weekly (2021), https://www.epw.in/engage/article/prisoners-right-write-why-sc-rulings-should-be-considered (last visited May 22, 2021).

KHAN, U. iPleaders Blog - Legal Backdrop of Prison Reforms Uzair Khan, iPleaders Blog - Legal Backdrop of Prison Reforms iPleaders (2021), https://blog.ipleaders.in/legal-backdrop-prison-reforms/ (last visited May 22, 2021).

KHOSLA, M. Why Rahmath Nisha judgment about a prisoner & his wife is a celebration of right to privacy Madhav Khosla, Why Rahmath Nisha judgment about a prisoner & his wife is a celebration of right to privacy ThePrint (2021), https://theprint.in/opinion/why-rahmath-nisha-judgment- about-a-prisoner-his-wife-is-a-celebration-of-right-to-privacy/247485/ (last visited May 21, 2021).

MOHAMMED GIASUDIN V STATE OF ANDHRA PRADESH Mohammed Giasudin v State of Andhra Pradesh, AIR 1977 SC 1926 (1977).

MOTI RAM AND ORS. V STATE OF MADHYA PRADESH Moti Ram and Ors. v State of Madhya Pradesh, AIR 1978 SC 1594 (1978).

PALIATH, S. Seven in 10 Indian prisoners are awaiting trial – one in three jail inmates is Dalit or Adivasi Shreehari Paliath, Seven in 10 Indian prisoners are awaiting trial – one in three jail inmates is Dalit or Adivasi Scroll.in (2021), https://scroll.in/article/972458/seven-in-10-indian- prisoners-are-awaiting-trial-one-in-three-jail-inmates-is-dalit-or-adivasi (last visited May 21, 2021).

PRISON REFORMS Prison Reforms, 6, https://www.mha.gov.in/MHA1/PrisonReforms/NewPDF/PRV1_210TO240.pdf (last visited May 22, 2021).

PRISON STATISTICS INDIAN 2019 Prison Statistics Indian 2019, 26 (2020), https://ncrb.gov.in/sites/default/files/PSI-2019-27- 08-2020.pdf (last visited May 21, 2021).

RADHAKRISHNAN, V. AND SEN, S. Data | 70% prisoners in India are undertrials Vignesh Radhakrishnan & Sumant Sen, Data | 70% prisoners in India are undertrials The Hindu (2021), https://www.thehindu.com/data/data-70-prisoners-in-india-are- undertrials/article32569643.ece (last visited May 21, 2021).

RD UPADHYAY V STATE OF ANDHRA PRADESH RD Upadhyay v State of Andhra Pradesh, AIR 1999 SC 2183 (1998).

SAFOORA ZARGAR V STATE Safoora Zargar v State, SCC OnLine Del 664 (2020).

SARDA, K. Undertrials can now seek financial help for family Kanu Sarda, Undertrials can now seek financial help for family The New Indian Express (2019), https://www.newindianexpress.com/nation/2019/aug/05/undertrials-can-now-seek- financial-help-for-family-2014280.html (last visited May 22, 2021).

SHANTHA, S. Growing up in Indian prisons: Children of undertrials and a case of widespread neglect Sukanya Shantha, Growing up in Indian prisons: Children of undertrials and a case of widespread neglect Scroll.in (2021), https://scroll.in/article/808713/growing-up-in-prison- children-of-undertrials-and-a-case-of-widespread-neglect (last visited May 21, 2021).

STATE OF RAJASTHAN V BALCHAND ALIAS BALIAY State of Rajasthan v Balchand alias baliay, (1) 1978 SCR 535 (1977).

SUNIL BATRA V DELHI ADMINISTRATION Sunil Batra v Delhi Administration, (2) 1980 SCR 557 (1979).

TANDEL, F. Visitation for lawyers and family members to resume in Maharashtra prisons Faisal Tandel, Visitation for lawyers and family members to resume in Maharashtra prisons Hindustan Times (2021), https://www.hindustantimes.com/cities/mumbai-news/visitation- for-lawyers-and-family-members-to-resume-in-maharashtra-prisons-101612982467666.html (last visited May 21, 2021).