Parliament Question: Constitutional Safeguards of Undertrial Prisoners

GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE LOK SABHA UNSTARRED QUESTION NO. 3275 TO BE ANSWERED ON FRIDAY, THE 07th AUGUST 2026 CONSTITUTIONAL SAFEGUARDS OF UNDERTRIAL PRISONERS

3275. DR. GANAPATHY RAJKUMAR P:

Will the Minister of LAW AND JUSTICE be pleased to state:

(a) whether the Supreme Court has proposed a nationwide mechanism for daily judicial access inside prisons and has proposed a policy exploring under which court-appointed judges visit jails everyday to ensure that undertrial prisoners are not deprived of constitutional safeguards when they are not produced before the courts; and

(b) if so, the details thereof ? ANSWER MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW AND JUSTICE; AND MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS (SHRI ARJUN RAM MEGHWAL)

(a) & (b): The National Legal Services Authority (NALSA) constituted under Legal Services Authorities Act, 1987, whose Patron-in-Chief is the Chief Justice of India, is providing free and competent legal services to all undertrial prisoners and other inmates across the country.

NALSA has taken several steps for providing free legal services/ assistance to the undertrial prisoners by way of Legal Services Clinics and Prison Legal Aid Clinics (PLACs). The Secretary, District Legal Services Authority (DLSA), and the Chairman, DLSA (District & Sessions Judge), undertake periodic prison visits under the NALSA Standard Operating Procedure on Access to Legal Aid Services to Prisoners and Functioning of the Prison Legal Aid Clinics, 2022 (SOP- 2022), to ensure effective legal aid delivery and institutional oversight of prisoners. As mandated by the SOP, the Secretary, DLSA visits and inspects every PLAC at least once every month and ensures that all eligible undertrial prisoners are

provided legal representation, monitors prison conditions, reviews instances of non- production of prisoners before courts and take immediate steps to address the lapses. There are dedicated Undertrial Review Committees (UTRCs) constituted at the district level to examine instances where undertrial prisoners are not produced before the Remand or Trial Court, whether physically or through video-conferencing, due to logistical or other constraints, and to recommend appropriate remedial measures.

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