International Bridges to Justice’s India Country Program (IBJ India) strives to create a just society empowered to protect human rights. To this end, legal rights awareness campaigns are a central part of our work. Only those who understand their rights can protect their humanity. In India, much of the population remains unaware of their legal rights and how to access counsel. To educate those in need, IBJ India conducts monthly prison legal awareness events to promote a basic understanding of the rights of inmates, prison standards, and legal aid.

From June 2^nd to June 11^th, 2018, IBJ India visited eight prisons in the Tihar and Rohini Jail Complexes to work with inmates and facilitate a Legal Rights Awareness and Legal Aid Camp. The camp worked with over 1,500 jail inmates. These sessions aimed to educate inmates about their rights and duties within the prison. In particular, IBJ India volunteer lawyers and staff taught inmates how to access free legal counsel, how to file for bail, and the role of legal aid in a just society. Prisoners, administrators, and the IBJ India team worked together to develop an interactive and practical program. A diverse set of activities, trainings, and other educational services created a worthwhile experience for the inmates. Presented in a substantive, yet concise, manner, these lessons were crafted such that people of any educational background could understand them.

IBJ India returned to conduct awareness campaigns in 2019. Using the previous year’s efforts as a foundation, IBJ India tested creative new ways of providing legal awareness to those without literacy. Seeking to bridge the gap between informative workshops and engaging storytelling, IBJ staff put on a skit depicting potential pitfalls in the criminal justice system. This engaging, relatable content resonated with inmates and may allow them to better apply the knowledge they gain from awareness campaigns.

Ongoing Challenges

Awareness campaigns are crucial to reduce the stigma surrounding legal aid in India. While Indian lawyers are not supposed to accept compensation in legal aid cases, some nonetheless demand payment. This unfair practice engenders distrust toward providers of legal aid among those most in need of counsel. Inmates ought to have confidence in those representing them. Awareness campaigns and training sessions seek to dispel myths surrounding sarkari lawyers, who are assigned by the government to work on legal aid cases. Empowering inmates to report corrupt lawyers builds trust in legal aid and prevents instances of malpractice. IBJ India’s direct interaction with prisoners rebuilds lost trust and instills confidence that justice can be achieved. By fighting corruption in the legal profession, IBJ India is doing its part to advance both its own work and the work of advocates across the country.

IBJ India continues to innovate new ways to deliver on its mission to protect human rights, including through its Legal Rights Awareness and Legal Aid Camp. This sustainable model for awareness campaigns can be used at other jails across the country. Teaching prisoners to leverage their rights will allow them to improve their circumstances and receive humane treatment. IBJ India’s commitment to human rights through legal education and service truly makes a difference in the lives of those most in need.

As a part of a joint initiative between IBJ India and Delhi Prisons to spread awareness among jail inmates about their rights and duties as prescribed under the law, a team consisting of Mr. Ajay Verma, IBJ Senior Fellow and Advocate, and Ms. Pankhuri Mehandiratte, Advocate, visited Central Jail No.3 on 31 March 2015. Tihar Jail has been identified as Asia’s largest prison complex, housing more than 12,000 under trial and convicted belonging to all age groups.

The event saw an active participation of over 200 inmates who had been charged for petty offences and were waiting for their trial to be completed. The main purpose of the event was to make the inmates aware about the provisions of bail and surety bonds and the juvenile justice act while informing them of their legal rights and duties. Mr. Sanjay, the prison welfare officer appointed by the Government as per Delhi Prisons Act, 2000, also contributed to the interactive discussions with the inmates.

Mr. Ajay Verma and Ms. Pankhuri Mehndiratta were given a warm reception by the prison administration. Mr. Ajay Verma discussed the provisions of bail in bailable and non-bailable cases, addressing the common problem of conditions of bail and surety bonds. A brief discussion followed about the provisions of the existing Juvenile Justice Act. Many inmates were under the false impression that the lawyers appointed by the Legal Services Authorities are state lawyers and that they will not get proper representation as they are being prosecuted by the state. Mr. Ajay Verma clarified this misconception after sharing his 13 years of experience working as a Legal Aid Lawyer. The inmates were also informed about their right to free legal aid. This event also introduced the ‘Information Booklet’, developed by IBJ India and Delhi Prisons to further inform the inmates of their legal rights.

Many inmates were hesitant to disclose their details at first, but IBJ India was able to identify 10 people who were in need of legal aid. IBJ will be returning to meet with them one-on-one in order to ensure that they receive proper representation.

The legal rights awareness event proved to be a huge success. IBJ India is delighted to have the support of the prison authorities and will work to strengthen the bond established between the prison administration and IBJ lawyers. The event proved to be another important step towards strengthening the legal justice system in India.

By Ritvik Mawkin, Intern, IBJ India

Pankhuri A. Mehndiratta and Katyayini,  IBJ India

IBJ India in collaboration with Delhi Prisons organized a two-day capacity building workshop for warders and custodial staff at the Prison Headquarters, Tihar, New Delhi on September 26 -27, 2014. The workshop was aimed at building capacity and legal awareness within the prison system in Tihar. It was attended by custodial staff including Warders, Head Warders, and the Assistant Superintendent from each prison in the Tihar Central Jail and Rohini District Jail. Both days at the workshop saw an encouraging level of interaction and participation by the custodial staff.   After the short introduction given by IBJ India fellow, Mr. Ajay Verma, the Deputy Inspector General, Mr. Mukesh Prasad, inaugurated the session. Mr. Sunil Gupta, Law Officer, Tihar jail, then gave a brief overview of the Delhi Prisons Act and the role of warders.

Mr. Alok Verma, Director General of Tihar Jail, held an interactive session with the custodial staff of the Tihar and Rohini prisons. An array of issues was brought to the attention of Mr. Verma ranging from the unsatisfactory living conditions of the warders and custodial staff to the problems that they face due to the lack of internal mechanisms for promotion. IBJ India was able to facilitate constructive dialogue between management and the staff of the prisons in a bid to strengthen mutual understanding of the challenges they both face.

Mr. D V Trivedi, Former Director of the Bureau of Police Research and Development (BPRD), discussed the conduct of warders so as to ensure effective prison management. The custodial staff was then asked to share their ideas about prison and the purpose of incarceration. Though the majority of the warders and custodial staff agreed that reformation and rehabilitation was the end goal of incarceration, some of them were of the opinion that it is important to adopt a punitive approach towards inmates who are repeat offenders and display no respect for prison regulations. However, the attitude of the custodial staff was largely sympathetic towards the prisoners, recognizing that personal circumstances could have an influential role in their imprisonment and that it was the prerogative of the courts to pronounce someone guilty.

The session then moved on to the discussion of other issues, including the present infrastructure that needs to be upgraded to keep up to date with the latest technology. One specific demand is the need for more CCTV cameras to ensure complete and effective surveillance on part of the custodial staff. Also addressed was the problem of understaffing that is accentuated by the high professional dropout rate due to lack of incentives, promotions, and low wages. The custodial staff was successfully able to bring awareness that there are inadequate cashless treatment schemes for them and that the very few hospitals that offer this were meager in terms of the quantity and quality of these services. The refurbishment of staff quarters was promised by the Director General (Prisons), Tihar, during his interactive session and will hopefully be looked into immediately. Another major problem that was addressed was prison overcrowding. This leads to overwork and burn out of the custodial staff. Moreover, over 70% of the inmate population is under trial, which makes the implementation of discipline more challenging for the staff members. The problem is further pronounced when inmates, despite having been granted bail, are unable to secure their release on account of lack of a surety or the financial means to secure bond.

Mr. Ajay Verma, Advocate and IBJ India Fellow, discussed the role of custodial staff in ensuring justice for the inmates as well as correct bail procedures u/s 167,436,437 of the CrPC, appeals, parole, furlough and juvenile inmates. He also discussed that the segregation of prisoners should be more clearly defined and suggested specialized cells for first offenders. In order to ensure the awareness of the custodial staff about the prevalent legal provisions, judgments and techniques of administering discipline, it is imperative that they should receive regular training sessions. The prison staff then received instruction on the rights of the prisoners and their duties towards them. During the last part of the session, different reformative measures were discussed by the IBJ team members Ajay Verma (IBJ India Fellow) and Pankhuri A Mehndiratta (Advocate).

Dr. Shahzad Ibrahimi, a renowned motivational speaker, was also present as part of the eminent people that shared their energy for the cause of strengthening the criminal justice system and its pillars in order to ensure respect for human rights. Ms. Deepika Gupta, Consultant Psychologist at Human Dynamic, Gurgaon, shared her views on behavioral disorders and suicidal tendencies of prisoners and the role of prison staff in monitoring prisoners. In her highly engaging session, she gave valuable indicators to identify inmates with behavioral disorders to aid the custodial staff in assessing potentiality of suicide within the cells.

Strengthening the core of the criminal justice system of India through capacity building and awareness training helps IBJ India to live up to its mandate of ensuring the respect for human rights and preventing torture during detention. The entire team of IBJ India is extremely grateful for the support and collaboration of the Delhi prison authorities and looks forward to hosting similar events in the future.

IBJ India organized a two-day paralegal training for the convicts at the Central Jail, Ajmer on the 4th and 5th of October 2014. The workshop aimed at building capacity and awareness of speedy trial to the convicts of the jail. It was attended by ten convicts who were selected according to their educational qualification and happened to be life/long term convicts. IBJ was represented by Advocates Mr. Ajay Verma and Pankhuri A. Mehndiratta.

Inmates at the inaugural session at Central Prison, Ajmer, Rajasthan

The workshop concentrated in particular on the difficulties faced by those held in pre-trial detention to stress how long term convicts can assist with this. The long term convicts are in some way in-house legal resources. Their knowledge of processes on arrest, rights in jail, processes in court, can be of great value in ensuring that legal rights are accessed and prisoners do not unnecessary remain incarcerated. As the IBJ mandate is to provide access to justice, we started with the most common question- “What is law and what is an ideal jail?” Many hands were raised to answer. Next obvious question was, “Do you know about your rights in prison are?” Very few were able to answer this question. Ajay Verma explained the various rights of the prisoners, which includes right to a fair and speedy trial. He emphasized that fair trial is the essence of India’s criminal justice system. Arbitrarily depriving an individual of their liberty is violation of the human rights and right to freedom given by our Constitution to every person. Hence, nobody has the right to put anyone in the prison, to keep there, without any good reason. It is the right of the detainee to raise his/her voice against any wrongful treatment and torture. Those who have been the victim of unlawful arrest have an enforceable right to compensation.

Mr. Ajay Verma, Advocate introducing the purpose of the workshop and explaining their rights and duties

The IBJ Team explained the procedures of first appearance and remand to the prisoners. It is the right of a person who is arrested or detained in custody to be produced before the nearest Magistrate within a period of twenty-four hours of such arrest. No one shall be detained in custody beyond that period without the permission of the Magistrate. The prisoner should be able to get help with keeping their home or job and keeping in touch with their family. They should be able to get help carrying on their business from prison. Remand prisoners are supposed to be treated as if they are innocent until proven guilty. This session discussed the procedures which must be utilized to deliver a fair trial and justice. Right to speedy trial is an essential part of fundamental right. According to article 21, no person shall be deprived of his life or personal liberty except according to procedure laid by law. Any delay in trial should be seen as miscarriage of law. The cases pending for years create mental and economic pressure on litigants. Right to speedy trial is the right of the accused and it encompasses all the stages, namely investigation, inquiries etc. A right to fair trial is an essential right respecting the rule of law. It is the right of the defendant to be tried before an impartial jury who on considering the evidences against defendant, decide whether to find him or her guilty of the crime charged. The magistrate should hear the case within the reasonable time. If there is no counsel for the defendant, the magistrate should appoint a counsel. The convicts were also trained on the procedures of parole, bail, legal aid etc. Legal aid is no longer a matter of charity but is one of the constitutional rights. Each person is entitled to free legal aid from the point of arrest. If a prisoner is sentenced to imprisonment is unable to exercise his constitutional right for want of legal assistance, the court has the power to assign, under article 142 read with article 21 and 39-A of the constitution, counsel for such imprisoned individual.

Liberty of every citizen must be zealously safeguarded by courts. Basic rule should be “bail and not jail.” Yet where there are circumstances suggestive of the accused fleeing the course of justice, or possibility of his repeating offences, then he can be denied bail. Once the accused is prepared to furnish bail, the police officer or the court before which he offers to give bail is bound to release him on such terms. Also the terms of the bail are to be reasonable. If a person during the period of investigation or trial undergoes detention for a period extending up to one half of the maximum period of imprisonment specified for that by law, he shall be released by the court on his personal bond with or without sureties. This provision does not extend to offences for which the punishment is life imprisonment or death.

The last part of the session worked to ensure that the inmates were treated more humanely and are provided with at least the minimum standard of living. The prisoners have certain rights when they are sent to judicial custody including: right against solitary confinement, handcuffing and bar fetters, and protection from torture etc.  The convicted prisoners have the right to employment within the jail and wages should be paid accordingly. Every prisoner has the right to an adequate standard of living. They have the right to food, clothing, and proper accommodation at an adequate level. The children in the prison have the right to education and proper upbringing. It is the human right of a person to live their life with respect and dignity. It is the right of the prisoner to be informed of the rules and regulations of the prison. No prisoner shall be stopped from practicing their own religion and every prisoner shall be allowed to satisfy the needs of his religious life. Visits to prisoners by family and friends are a solace in insulation and only a dehumanized system can derive vicarious delight in depriving prison inmates of this humane amenity. Every basic necessity of life shall be provided to the prisoners so that they could have minimum standard of living.

The long standing goal of this two day workshop was to train the convicts to be resources for the prison administration and expedite the judicial process for the inmates in need. This was in tandem with IBJ’s efforts to empower and strengthen the core of the criminal justice system in order to secure respect for legal rights.

We are grateful for the enthusiastic cooperation of the prison authorities. We are looking forward to conducting future events.

Ajay Verma Advocate speaking on Bail

On December 4, 2014 the IBJ India team visited Central Tihar Jail No. 6 in New Delhi to interact with jail inmates and conduct a Legal Awareness Camp inside the Mulahiza Ward (i.e. First Time Offenders Ward). The team consists of Ajay Verma (Fellow & Advocate), Pankhuri A. Mehndiratta (Advocate) and Trishna Mohan Kriplani (Advocate).

The Tihar Jail #6 houses a total of 642 (exclusively women) inmates according to its latest figures, among which there are 29 foreign nationals. A staggering 73% of the entire prison population (472 prisoners) is under trial. This statistic once again sheds light on the issue of overcrowding almost all prisons in India with mainly under trial population. The rules under the Delhi Jail Manual and Delhi Prisons Rules (2000) permit women inmates to keep their children with them until they attain the age of six years. In line with this provision, there are 44 children who are housed in the Tihar Jail # 6 complex as well.

The session was interactive and was received very positively by the inmates and prison administration alike. The IBJ India team identified a number of critical issues that needed intervention. Firstly, there are some issues involving legal documents of prisoners allegedly being stopped from leaving the premises by jail authorities when they are transferred to court. The prison’s Superintendent also noticed the jail inmates’ concern regarding this issue.

Secondly, IBJ India noted a deep-rooted sense of anxiety amongst inmates about the law procedures where the lawyers appointed by the Legal Aid services are perceived to be ‘sarkari’ (government) lawyers. In prisoners’ perceptions, these lawyers collude with state authorities to make them punish more stringently. As Legal Aid services are ultimately government funded, inmates were interested to find out whether they are inclined towards working in favor of the government and against inmates’ interests. Prisoners were then properly informed about the structure of Legal Aid of Government of India, Delhi State Legal Services Authority and also about IBJ’s work in providing access to effective lawyers.

Pankhuri Mehndiratta, Advocate interacting with females in custody

The IBJ India team identified certain cases that required its intervention and has taken them up to be pursued by IBJ’s pro bono task force that actively works in trial courts. IBJ India continues to benefit from the support of the prison administration and strives to ensure the minimization of torture and prison overcrowding. The employed strategy here is early access to legal counsel and advocating the right to bail.

Question Answer Session

]]> http://www.ibj.org/2014/12/ibj-india-conducts-prevention-of-custodial-violence-workshop-in-west-bengal/ Wed, 03 Dec 2014 14:14:35 +0000 http://www.ibj.org/?p=12941 Pankhuri A. Mehndiratta
September 2014

Ms. Bijoya Chnada, advocate for IBJ Justicemakers, introducing the workshop to participants

On the 1st of June 2014, IBJ India organised a one day workshop dealing with the contentious issue of ‘Custodial Violence – its Prevention and Remedies‘ in the state of West Bengal. The workshop took place at the Indian Institute of Training and Development (IITD) in Joka, Kolkata and focused primarily on raising awareness and sensitising the various stakeholders of the criminal justice system in West Bengal. The various sessions held throughout the day sought out experts, social workers, direct functionaries and other key stakeholders in the correctional home system. It endeavoured to cull out a comprehensive reflection of the state of affairs prevailing within the confines of the correctional homes that abet torture. The sessions aimed to improve the competence of the prison administration and correctional home settings in West Bengal in the hope to see through the prevention of custodial torture.

The training sessions saw the appearance of stalwarts in the prison administration system such as Mr. Adhir Sharma, IPS (Additonal Director General of Prisons and Inspector General of West Bengal Correctional Services). Moreover, Prof. Sujao Bhadra made presentations to address the issues, prospects and challenges that are being confronted by the correctional services system in West Bengal.

Prof. Sujato Bhadra answering participants’ queries

The prisons of the eastern Indian state of West Bengal are currently governed by a very progressive legislation called the West Bengal Correctional Services Act, 1992. Enacted w.e.f 2000, the act seeks to impart human dignity, rights to a fair trial and the due process of law, entitlements to the access to justice and after care services to the prisoners. The act seeks to turn the aim of incarceration from being retributive to reformative. In doing so, it suggests education, sports and cultural activities as avenues to achieve such reformation.

However, the implementation of this progressive legislation is hindered by a few problems such as overcrowded prisons, which consists a large number of undertrial prisoners. Other issues include: the lack of legal awareness on part of the undertrials, indigence and lack of familial support. More specific to the correctional homes in West Bengal are the concerns around the high number of Bangladeshi nationals serving prison terms who are unable to be repatriated due to lack of documentation.

Another major problem is the lack of an effective after-release system consequently leading to a situation where prisoners who are convicted for life term offences are affected far more heavily by such incarceration in comparison to other prison inmates. This typically is the case as most life term prisoners leave the prison with scant savings, poor mental and physical health and almost no means to reintegrate themselves into the mainstream society due to a prolonged deprivation. They have no form of health or unemployment benefits and have a significantly lower chance of finding a permanent job due to the label of being a convict.

The workshop also delved deeper into other issues such as custodial torture and early access to counsel as an effective preventive strategy to impart dignity and integrity to those still in incarceration.

The workshop was able to bring to the forefront a diverse range of issues and further enlighten the prison authorities by building awareness, doing training and having discussions around the ways to deal with the challenges they face in a more effective and uniform manner.

Mr. Adhir Sharma, IPS -Additonal Director General of Prisons and Inspector General of West Bengal Correctional Services, interacting with the participants

IBJ’s program in India kicked off in 2008 with an International Criminal Defense Training in New Delhi. Four Supreme Court justices including the Chief Justice and 16 High Court judges and over 130 Indian legal aid lawyers, representing 26 of the 28 states in India, participated in the event, with the San Francisco Public Defender’s office providing pro-bono training. Donate now to provide much needed support.

Quick Facts:

• Built an effective duty lawyer program in Tihar Prison, India’s largest, in Delhi:
  • Established systematic access to counsel
  • Developed awareness of inmate rights among prison officials
  • Developed legal rights of detainees
• Supported two JusticeMaker Fellows: Bijaya Chanda and Garima Tivari:
  • Bijaya built a successful program to reach a number of prisons in West Bengal, with a particular focus on under trial persons. She worked with prison officials to inform over 3,000 prisoners of their rights under the law, as well as local inhabitants in the region.
  • Garima worked to spread awareness of the rights of prisoners living with HIV/AIDS.
• India has also been where we have pioneered our eLearning programme. We have developed 89 eLearning Modules on the Indian penal process, and are working to develop between 30 and 40 more.
  • We feel that developing an effective eLearning program is the future of legal education.
  • It will allow us to more readily reach younger, tech-savvy lawyers.

Future challenges:
As the second most populous country in the world, developing effective justice in India poses almost unique challenges. Despite the strong basis of the Indian legal system, too many of the protections of Indian law go unenforced. Police routinely resort to torture and other inhuman methods of extracting information. Under trial persons spend years languishing in pretrial detention.

With the development agenda straining to meet a myriad of needs, few resources are directed towards developing the rule of law. IBJ hopes to consolidate the New Delhi Defender Resource Center and establish a new DRC to address the country’s growing needs while continuing capacity building and training. Our strong network on the ground, and great potential for expansion, make us optimistic about our future in India.

Help make this a reality by joining the #SEChallenge and donating today!

For more on IBJ India:

http://www.ibj.org/where-we-work/india/

http://www.ibj.org/meet-ibj/our-team/team-india/

http://www.ibj.org/where-we-work/india/

29 October 2014

IBJ India Team at the Awareness Camp

On the 13^th of August 2014, a team of IBJ India lawyers visited Tihar Jail #7. The jail is part of Asia’s largest prison complex, housing young offenders who are in conflict with the law and are between the ages of 18 to 21 years.

The jail house as many as 862 adolescent inmates, most of whom are being tried for petty offences and awaiting their release on bail. An overwhelming number of detainees lack the basic awareness of whether or not their offence is bailable. This in turn leads to overcrowding in jails and detention centers all over the country.

Under the Indian Criminal and Procedural Laws, young offenders (between 18 to 21 years) are entitled to the same protection of law and access to fair trial as an adult offender. Section 167 of the Code of Criminal Procedure entitles inmates to a statutory bail in cases where no charge sheet has been filed against them by the police authorities. The statutory right to bail accrues within a period of 60 days upon certain administrative failures. This occurs in the failure of the police agency to file a charge sheet for an offense punishable for up to 10 years in prison, as well as when charge sheets fail to be filed for a case within 90 days, punishable with imprisonment for more than 10 years and up to life.

Young undertrial prisoners participating in the Awareness Camp

Though most of the inmates were between the ages of 18 to 21 years, there were still some who claimed to be under the age of 18 years and had a dearth of documents to prove their true age. The team of IBJ India lawyers consisting of IBJ India Fellow Mr. Ajay Verma, Mr. Ajay Raghav, Pankhuri A. Mehndiratta, along with advocates and interns, were able to identify a few inmates who were languishing in the prison without any legal representation due to reasons such as indigence and lack of legal awareness.

IBJ fellow Mr. Ajay Verma led an interactive legal awareness session on the topic of ‘The Rights of the Undertrial Prisoners’, ‘The Provisions of Bail,’ and ‘The Need to Ascertain the Age of the Detainees at the Time of Arrest.’ These sessions were conducted through the means of an age memo in order to rule out the possibility of juveniles being tried by the adult criminal justice system.

Ajay Verma, IBJ Legal Fellow, speaking with an inmate

The representatives of IBJ India were received warmly by the prison authorities and inmates alike, and saw a forthcoming response from the gathering of about 100-120 inmates who were eager to receive support in any manner possible.

Legal awareness camps and workshops such as this one go a long way in empowering the inmates through information and awareness about their legal rights. Such awareness raising activities also dissminate information regarding the course of the trial and the ideal course of interaction between individuals in the criminal justice system.

Intern Solange Pittet sits with IBJ India Legal Fellow Gulika Reddy for International Bridges to Justice’s first official podcast! Visiting Geneva for the annual curators meeting of the Global Shapers Community, Gulika was able to meet with the IBJ Geneva team and share some of her personal experience working as a criminal defense lawyer in India.  Hear all about her work with IBJ, most challenging cases, and hopes for the future: IBJ Gulika Interview

Read more about Gulika and her work here: http://ibj.org/Team_India.html

From left: Mr. Shiv Kumar Dwivedi, Duty Lawyer IBJ India. In the middle: Mr Ashwani Kumar Bali, Duty Lawyer, and  Mr. Ajay Verma, Advocate and Senior Fellow IBJ.

The awareness workshop was held in the New-Comers Ward of Tihar Jail no. 8 and 9, and followed by an interactive session where Mr. Verma and the lawyers answered questions and shared basic legal knowledge with the prisoners. The New-Comers Ward was chosen because most of the time new inmates don’t know anything about legal aid and procedures.

More than 300 new-comers had gathered to attend the awareness workshop.

Communication with the judge was one of the first issues to be discussed. Many inmates told us that when they are produced before a magistrate, they will stand in the back of the room and not be allowed to talk to or address the presiding judge. The inmates are frustrated because they want to share their versions and details of the crime, or maybe they want to put before the judge that they have been falsely implicated.

Mr. Ajay Verma told the inmates that they have to talk to the judge and say whatever they want about their case. If the accused talks, the judge will listen to him. He adviced the inmates to go to the legal aid centre in their jail and write what they want to tell the judge in a paper, which they will give to the judge in court. Besides this it was also suggested that as the courts are considered temples of justice, the inmates needs to be polite and courtious to the sitting judge.

Some time was spent on informing the inmates about the necessity to give any defence evidence they have in their case. The inmates felt it was not fair that the prosecution was giving evidence against them, because they simply did not know their right to do the same. They were also informed about the right to be present during all stages of trial, and that they, at any point, may object or correct information if they feel that it is incorrect, in consultation with their lawyer. The accused can always listen to the answers of the witnesses in their case, and immediately inform their counsel anything about the same. Mr. Verma stressed that they need to have effective commuication with their counsel to effectively defend their case.

Mr. Ajay Verma, Advocate and Senior Fellow IBJ, Mr. Ashwani Kumar Bali, Duty Lawyer IBJ India, and Mr. Shiv Kumar Dwivedi, Duty Lawyer IBJ India.

Another issue raised by the inmates was that of chargesheets not being filed. The IBJ India Team informed them about the right to bail in non-bailable offences, as stated in Section 437 in the Criminal Procedure Code (Cr.P.C). In non-bailable offences it is on the discretion of the Court to grant bail. But if the police don’t produce the chargesheet within a given amount of time, the accused may request to be released on bail as a matter of right under Section 167 of the Cr.P.C., provided that they are willing to furnish surety. If the sentence of the crime is less than ten years, and the chargesheet has not been filed, the accused is entitled to bail after 60 days of his arrest. In offences punishable above ten years, life imprisonment or capital punishment, the same goes after 90 days. The inmate can go to the legal aid cell in his jail, and write an application stating that it has been 60  or 90 days and that the police has not filed the chargesheet. In these cases, the inmate will usually be granted bail.

Interaction with the inmates. 

In addition, the lawyers answered questions regarding plea bargaining, as introduced  by the Criminal Law Amendment Act in 2005. Plea bargaining is an agreement between the prosecutor and the accused where the accused will get some sort of concession in exchange of pleading guilty to all or some of the charges against him. Any offender can plead guilty provided that the maximum sentence for the crime is less than seven years, and that the crime was not committed against women or children.

Usually, the inmates will think that plea bargaining is acquittal of the charges, when it actually is a conviction with confession. In the session, IBJ India shed light on all sides of plea bargaining. If the accused pleads guilty, he will be registered as a convicted person. Among other things, he will not be able to get a government job. Also, if he is arrested a second time the judge will consider him a habitual offender and, because of this give a harsher punishment. Therefore, it is very important to inform the inmates about all the aspects of plea bargaining.

One of the new-comers talking to Mr. Ajay Verma.

As expected, many of the new-comers that we met in the New-Comers Ward were accused of petty offences. One of the inmates had been arrested for electricity theft, and was languishing because of lack of legal representation. IBJ India’s Duty Lawyer Mr. Ashwani Kumar Bali took his case and will be filing an appropriate bail application. The lack of knowledge of the right to bail in bailable offences, as prescribed in Section 436 in Cr.P.C is the reason why inmates remain in jail for at least 15-30 days when they are not able to furnish surety. The inmates were also informed about the legal aid centre in their cell and how they can go there to get legal assistance free of cost. They were requested to report to the Superintendent of the Jail whenever any legal aid advocate asks for money.

In the last part of the session, the inmates came up to the IBJ India Team and asked for advice about their cases, showing their chargesheets, and the like. The team also identified a few people without legal representation, and Mr. Ashwani Kumar Bali, Duty Lawyer IBJ India, visiting Jail No. 8 and 9, agreed to take their cases.

IBJ India will continue with awareness events as long as the need is there. We are grateful for the good cooperation with the prison authorities and their help in providing easy access to justice for the inmates. We are looking forward to the conduction of future events.