What are the main reasons behind the continued incarceration of poor undertrials in India? Suggest short- and long-term reforms to address this systematically.

Topic: Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these schemes;

Q3. What are the main reasons behind the continued incarceration of poor undertrials in India? Suggest short- and long-term reforms to address this systematically. (10 M)

Difficulty Level: Medium

Reference: NIE

Why the question:
MHA’s recent reminder on the underutilisation of the Support to Poor Prisoners Scheme, and the alarming undertrial figures highlighted in the India Justice Report 2025.

Key Demand of the question:
To identify the systemic, legal, and economic reasons behind the prolonged detention of poor undertrials and propose targeted short- and long-term reforms to address these issues structurally.

Structure of the Answer:

Introduction:
Give a brief, sharp line on how poverty and delay have turned prisons into holding cells for the underprivileged, violating Article 21.

Body:

  • Reasons for continued incarceration: Mention lack of bail access, legal aid gaps, procedural delays, and judicial backlog.
  • Short-term reforms: Focus on scheme implementation, legal aid strengthening, and real-time tracking.
  • Long-term reforms: Include structural reforms like bail legislation, judiciary expansion, and community bond systems.

Conclusion:
End with a forward-looking line on reformative justice being impossible unless liberty is delinked from financial status.