1. Right to Legal Aid & Access to Justice The state of Undertrials in Alwar Prison of Rajasthan

2. Introduction 1 What is to be addressed

3. 17,477 Rajasthan ’ s prison population as on 1 March 2012

4. 11,954 Number of Undertrials 5,523 Number of Convicts

5. Mandate 2 Agencies of Criminal Justice System

6. Keeping Liberty as Paramount… JUDICIARY To ensure speedy trial based on fair trial standards PRISON To facilitate timely production of Undertrials in Court & inform Undertrials about next production date POLICE LEGAL SERVICES AUTHORITY To ensure access to counsel at the earliest to any person in custody To ensure timely filing of chargesheet & availability of police escorts for court production LAWYER To provide effective legal representation to his/her client

7. Research 3 Our findings

8. The Study STUDY SAMPLE Interviewed 345 Undertrials in Alwar Prison of Rajasthan

9. Objectives of the Study 1 To examine the state of legal aid in the district 2 To collect empirical data to identify major problems faced by Undertrials 3 To examine the implementation of legal provisions To use evidenced based advocacy to institutionalise mechanisms that check unnecessary detention Objectives of the Study…

10. First production before the magistrate Access to lawyer Scope of the Study Access to free legal services Quality of legal representation Production before the court Socio-economic background of the undertrial population Period of remand and detention Implementation of legal provisions – bail & plea bargaining Knowledge of undertrials on basic legal provisions & trial status

11. AgeEducation Caste Socio-economic background 51% were sole earners in their family Out of which 39% earned between Rs.1000-5000 ($20-100) per month Families of 9 inmates did not know that they are in prison 67% fall in 18-30 years age-group 32% are illiterate 55% belong to socially & economically backward classes of the society

12. ARREST & FIRST PRODUCTION

13. First Production before Magistrate 60% were not produced within the statutory limit of 24 hours!

14. REMAND & BAIL

15. Period of Remand & Detention Period of remand was never extended to less than 14 days! No production in Additional District Judge’s Court, Behror which was vacant since July 2010 18 inmates have been in prison for more than a year as Undertrials!

16. Application for Bail  Bail application of 82% were dismissed/rejected  13 out of 201 were allowed bail but unable to furnish surety Lawyers of 22% had not applied for bail 20% did not know whether their lawyer had ever applied for bail 70% did not know why their bail was rejected by the Court

17. Production in Court About 30% court productions do not take place because of lack of Police Escorts! Reasons for Non-production

18. Production in Court 30.5% are only taken to court but never produced before the Magistrate 14% could not even differentiate between taking to court and effective production Only taken to Court but never produced Sometimes produced Always produced Don’t know Are inmates actually produced before the magistrate or locked up in Court lock-up?

19. LAWYER- CLIENT RELATIONSHIP

20. Access to Lawyer 40 inmates did not have a lawyer! First Access Only 5% had access to counsel at the time of arrest Kind of Lawyer Only 10 inmates had legal aid lawyers

21. PeriodicityPlace Time per meeting Meeting with Lawyer No place for lawyer-client interaction within jail premises Lawyer-client communication happen only through families 60 inmates have never met their lawyers 59% meet their lawyer only in Court at the time of hearing More than 60% usually meet their lawyer for less than 15 min.

22. Quality of Legal Representation 1 out of 10 inmates having legal aid lawyer complained of the lawyer demanding money from the client Presence In Court 30 inmates complained that their lawyers were never present in Court Information provided 36% are not satisfied by services provided by their lawyers

23. Knowledge of Inmates * 75 inmates did not apply for bail. Data shows only those who had applied for bail. ** Undertrial’s right to be released on personal bond if half of the maximum period of imprisonment is completed in judicial custody. *** 274 inmates were ineligible for Plea Bargaining. Data shows only those who were eligible. 53% did not know about right to free legal services from the State 20% were unaware whether their lawyer had ever applied for bail 70% did not know why their bail was rejected by the Court

24. Strategic Future Interventions Advocate for Early Access to Counsel – Concept of Duty Counsels Advocate for institutionalising oversight & review mechanisms in prisonsCapacity building of lawyers through training and sensitizationStrategic Litigation on the issue of Police EscortsInvolving Media & other CSOs on legal issues concerning Undertrials

25. Thank you! Prison Reforms Programme Commonwealth Human Rights Initiative