International Journal For Multidisciplinary Research

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Advocating Grant of Parole to Undertrial Prisoners through Legal Reforms: Protecting Human Rights and Alleviating Prison Overcrowding

Author(s) Md. Imran Wahab, IPS
Country India
Abstract Under Trial Prisoners (UTPs), who account for approximately 75-80% of India's prison population, face prolonged periods of detention largely due to systemic delays within the judicial framework and stringent bail conditions. These individuals frequently encounter significant challenges in securing bail and parole resulting in dire living environments that exacerbate overcrowding, violate human rights, and undermine their mental and physical health. Despite the existence of legal instruments like the Bharatiya Nagarik Suraksha Sanhita, 2023, which offer some degree of protection, UTPs often find themselves ensnared in enduring cycles of incarceration. To effectively tackle these pressing issues, reforms in parole, bail, and expedited judicial processes are imperative. Notably, UTPs are not afforded regular parole opportunities, even though convicts benefit from such provisions. However, the adoption of technological advancements, such as electronic monitoring, offers promising alternatives for the safe temporary release of UTPs on parole. Establishing explicit guidelines regarding eligibility, conditions and effective supervision for the release of UTPs on remand could help protect human rights while ensuring public safety. This approach not only facilitates their reintegration into society but also alleviates the strain on India’s correctional facilities due to overcrowding.
Keywords Parole, Undertrial Prisoners, Overcrowding, Human Rights, Judicial Delays, Bail System, Electronic Monitoring, Legal Reform.
Field Sociology > Administration / Law / Management
Published In Volume 6, Issue 5, September-October 2024
Published On 2024-10-29
Cite This Advocating Grant of Parole to Undertrial Prisoners through Legal Reforms: Protecting Human Rights and Alleviating Prison Overcrowding - Md. Imran Wahab, IPS - IJFMR Volume 6, Issue 5, September-October 2024. DOI 10.36948/ijfmr.2024.v06i05.29544
DOI https://doi.org/10.36948/ijfmr.2024.v06i05.29544
Short DOI https://doi.org/g8p2vn

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