DETENTION, BAIL, AND ACCESS TO JUSTICE FOR FOREIGN UNDERTRIAL PRISONERS IN INDIA: A SOCIO-LEGAL STUDY OF ASSAM

Abstract

Foreign undertrial prisoners, due to various legal, procedural, and administrative challenges, constitute the most vulnerable group within the criminal justice system in India during the period of their custody and trial. This study tries to evaluate issues of custody, bail, and justice concerning foreign undertrial prisoners in India with specific reference to Assam. This research design is a combination of doctrinal and socio-legal approaches. Analysis of constitutional provisions, legislative acts, judicial pronouncements, and international human rights conventions has been carried out as a doctrinal part, while empirical data of 130 respondents, including practicing lawyers, legal aid activists, academics, police officers, human rights activists, administrators, etc., has been collected on selected issues in the empirical part. This study found various problems faced by foreign detainees, for example, nationality verification and administrative delay, language barrier, unawareness of legal rights, poor legal aid, and difficulty getting bail on account of procedural requirements. The study found a strong correlation between access to legal aid and “Access to Justice,” while bail and procedural-related barriers hurt the justice delivery mechanism, and the strong existence of legal and institutional safeguard are essential for safeguarding the rights of foreign undertrial prisoners. It is concluded that enhancing legal aid and institutions like law enforcement bodies, the administrative system, and the judicial mechanism with better procedural safeguards is needed to protect the human rights of foreign undertrial prisoners and ensure effective delivery of justice.