" The Lost Souls" A Study of Undertraial Prisoners in Karnataka and the Provision of Legal Aid

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.