1. ISSUES CONCERNING PRE-TRIAL DETENTION
PRISON REFORMS
ISSUES CONCERNING PRE-TRIAL DETENTION

2. Swadhikaar Who Why How What
A legal aid initiative of CHRI & NLU, Jodhpur ( Earlier)
Why
To work towards significant reduction in unnecessary detention on remand ( number, frequency and duration) by identifying and thus assisting under trials in need of legal assistance and counsel.
How
Since 11th August’12, the Swadhikaar team has initiated a system of regular prison visits by CHRI staff lawyers and had 25 visits so far.
What
We have interviewed inmates since August’12 and in 120 cases where the inmates did not have legal representation, letters have been sent to DLSA for appointment of lawyers .

3. First Production First Production Numbers Within 24 hours 188 2nd day40
3rd Day 31
4th Day 21
5th Day 20
6th Day 5
7th Day 7
8,9,10,11,12,16,38
1,1,1,1,2,1,1
No Answer/Data 52
Total
372
Total Responses ( )
320
Beyond 24 hours( )
132
No First Production of Under-trials within 24 hours in 40 % of the cases.

4. Early Access to Counsel & Legal Aid- Lawyers Appointment
First Access to Lawyer
Results
At Arrest 41
Police Custody 24
First Production 16
Second Production 10
Subsequent Production 9
After Chargesheet 6
No Legal Representation
140
Inadequate Information
126
Total Number
372
Access to counsel until first production only in 33% cases.
No Legal Representation in 140 cases.
120 cases referred to DLSA & confirmation on appointment of lawyers
from DLSA in more than 70 cases
372 total

5. Remand Practices
Remand Period ( Days)
1 to 10 Days
11 to 15 Days
16 to 30 Days
More than 30 Days
Total
Pre Chargesheet 14 73 10 7
104
Post Chargesheet 8 24 19 59 22 97 18 26
163
Out of the 104 Pre-charge-sheet cases, in 17 cases, the remand period was more than 15 days which is a clear violation of Section 167 (2)
Out of the 104 Pre- charge sheet cases , 39% cases were remanded on the 14th & 15th day.
Out of the 59 Post- Charge sheet cases, in 27 ( 45%) cases, the remand period was more than 15 days which is a clear violation of Section 309 (2)

6. Court Production Practice
Alwar Court Production Study :
CHRI filed an RTI in Alwar district prisons to analyse the Court production practices in Alwar courts. Following information sought:
(i) Production Warrants of under trial prisoners who had completed 1 year or more in prison as on 18 Oct 11
(ii) Police Escorts Requisition forms for a quarter (1 June-30 Sept 11)
We observed 56 cases of 40 under trials and the results of our analysis showed that out of 740 productions ordered by the court, only 427 actual productions took place.
Lack of police escorts accounted to 30% of non - production.
Also, while the average remand gap ordered by the court was 27 days, due to this systemic non-production, the average gap between two productions was as high as 47 days.
Jodhpur Court Production Situation:
Jodhpur Central Jail: Letter dated 2nd May ‘13 by the Jail Superintendent, Jodhpur Central jail to the IPS, Police Commissioner, Jodhpur Metropolitan, Jodhpur. clearly underscores that shortage of police escorts is a systemic issue in Jodhpur.
The letter mentions that observation of two months data reveals that 67% productions of under-trials in jodhpur central jail do not take place due to shortage of police escorts.

7. Vulnerable Categories Behind Bars
Poor and Indigent ( Balesar Case)
Juveniles ( 17 year old)
Disabled – Physical and Mental ( Baluram)
Terminally Ill ( AIDS case)
Elderly ( Permanent Parole)
Foreign Nationals ( Meer Vize)
Death Row Prisoners
Women
Caste and Other minorities
Children of mothers in Prisoners
LGBTQ

8. Rights of a Prisoner Judiciary Prison Authorities
Legal Services Authority
Lawyers

9. THANK YOU