35% undertrial prisoners did not have access to legal aid; 64% wanted change of lawyer: Report by TISS, NLU Delhi

A report has found that a large number of undertrial prisoners in Maharashtra do not have a lawyer to represent them, while the majority who engaged legal representation were dissatisfied with or unable to afford their lawyers..As per the report, about 35% of the 9,570 undertrial prisoners that the project volunteers interacted with had not engaged lawyers. Further, almost 65% of the inmates wanted a change of lawyer. As stated in the report, “In 35.22% cases received by the Programme, the inmate had not engaged any lawyer at the time of case intake while the remaining 64.78% approached for change of lawyer/ support with their existing lawyer.".The report added that out of this 65%, in 53.06% cases, the inmate had a private layer but wanted to seek legal representation through the State Legal Services Authorities.“This was either because they were not satisfied with the services of the private lawyer or were unable to afford their services”, the report stated. It also pointed out that in 11.72% cases, the inmates had an advocate appointed from the legal aid panel. However, they sought for further follow up and updates from the lawyers..The report titled Legal representation of undertrials in Maharashtra is part of a programme instituted by the Azim Premji Foundation in collaboration with the Maharashtra government. It is aimed at providing quality legal representation to undertrial prisoners across prisons in Maharashtra.The report was prepared by Prayas, a field action project of the Centre for Criminology and Justice, School of Social Work, Tata Institute of Social Sciences (TISS) and The Fair Trial Fellowship (FTF) Program, instituted by National Law University, Delhi under Project 39A..The need for support in matters of bail emerged also emerged as a focus area for intervention under the programme. 77.85% of the inmates needed support either to file bail applications or for complying with bail conditions imposed by courts for release..The programme has provided services to 9,570 undertrial prisoners, primarily from marginalised backgrounds, and secured the release of 4,504 prisoners. As on December 31, 2021, a total of 36,828 prisoners were lodged in Maharashtra prisons, the report disclosed.“Approximately 39% of the cases in the programme were charged with theft or burglary.”It added that about 20% of the undertrial prisoners involved in the programme were women, who faced multiple vulnerabilities within the system on account of poor socio-economic indicators linked to gender, such as lack of education, means of livelihood, low rate of asset ownership and general lack of social support..The report was released on January 28, 2023, by Supreme Court judge, Justice PS Narasimha, along with Justice RD Dhanuka of the Bombay High Court, who is also the executive chairperson of Maharashtra State Legal Services Authority (MSLSA). At the event, Justice Narasimha discussed the "urgent need to reform the institutions in the criminal justice system to protect the rights of the individuals," with particular focus on the quality of legal representation and bail pendency. Justice Dhanuka highlighted the need for Bar Councils to incentivise and create a culture among young lawyers to provide legal aid to vulnerable communities. He pointed out that competent legal representation for undertrial prisoners is a facet of the right to fair trial and must be guaranteed to all. He also assured that there will be complete cooperation from MSLSA to ensure equal and quick justice for all undertrial prisoners. Justices AM Thipsay and Dr S Radhakrishnan, former judges of the Bombay High Court, were also present at the event and spoke on the need to sensitise magistrates on protecting marginalised communities. .[Read report]