THE ROLE OF JUDICIARY IN PROTECTION OF UNDERTRIALS

AUTHOR – ARYAN MISHRA, STUDENT AT AMITY UNIVERSITY, NOIDA

BEST CITATION – ARYAN MISHRA, THE ROLE OF JUDICIARY IN PROTECTION OF UNDERTRIALS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 601-628, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This research paper examines the critical issue of access to justice for undertrial prisoners (UTPs) in India, who constitute a significant portion of the prison population and often face prolonged pre-trial detention. Drawing upon empirical research conducted in selective prisons across seven states in India, this study evaluates the efficacy of free legal aid services provided to UTPs. The research involved the collection of primary data through structured and unstructured questionnaires from various stakeholders, including District Judges, Jail Superintendents, Legal Aid Counsels (LACs), Jail Visiting Advocates (JVAs), Para Legal Volunteers (PLVs), and the UTPs themselves. This study aims to identify the impediments faced by UTPs in availing their right to access justice, assess the commitment and competency of legal aid providers, and understand the challenges in the implementation of existing legal frameworks and Supreme Court judgments related to the release of UTPs. Ultimately, this research seeks to 7contribute to the existing literature and suggest potential solutions for enhancing the quality of legal aid services and ensuring a more effective and just criminal justice system for undertrial prisoners in India.