Before discussing the landmark case of Hussainara Khatoon vs
State of Bihar, it is important to acknowledge the contributions of Pushpa
Kapila Hingorani, a pioneering lawyer and champion of women's and marginalized
communities' rights in India. Hingorani is considered the "Mother of
Public Interest Litigation," and her portrait now hangs in India's Supreme
Court library.
Moving on to the case itself, Hussainara Khatoon vs State of Bihar was the first case of
Public Interest Litigation in India, filed by Hingorani in 1979 after reading a
report in the Indian Express newspaper about the plight of undertrial
prisoners. The case brought attention to the inhumane conditions in which these
prisoners were being kept and the fact that many of them had been incarcerated
for years without a fair trial.
Facts in issues
The main question under consideration in this case was the violation of Article 21 of
the Indian Constitution, which guarantees the protection of life and personal
liberty, and Article 39A, which mandates that citizens, men and women equally,
have the right to an adequate means of livelihood and a speedy trial.
Arguments And Judgement
The arguments presented in the case revealed that a significant number of men,
women, and even children were being held behind bars, awaiting their trials for
years. Many of them were charged with trivial offences, and even after imposing
proper charges, the punishment would not have been for more than a few months
of imprisonment. The Bihar government argued that the delay in the trials was
due to the need for expert opinions, which were also delayed.
However, The Supreme Court found these arguments to be unsatisfactory and ordered the release of the 17 undertrial prisoners whose names were mentioned in
Hingorani's writ petition. The judgment, delivered on 9th December 1980, held
that the right to a speedy trial is an integral part of the fundamental right
to life and personal liberty guaranteed by the Indian Constitution. The court
noted that a large number of undertrial prisoners were languishing in jails for
years without a trial, which was a violation of their fundamental rights.
The court directed all state governments to set up committees to identify undertrial
prisoners who had been in jail for more than the maximum period of imprisonment
for the offense they were charged with and to release them on bail if they were
not being tried for a serious offense. The court also directed state
governments to take steps to ensure that trials of undertrial prisoners were
completed within a reasonable time, such as setting up fast-track courts and
appointing more judges.
Conclusion
The judgment of the Hussainara Khatoon vs State of Bihar case was a
landmark decision that highlighted the importance of the right to a speedy
trial and the need for reforms in the criminal justice system to ensure that
the fundamental rights of all citizens are protected. The release of 4000
undertrial prisoners was a significant step towards ensuring that justice is
served fairly and expeditiously in India.
Before discussing the landmark case of Hussainara Khatoon vs State of Bihar, it is important to acknowledge the contributions of Pushpa Kapila Hingorani, a pioneering lawyer and champion of women's and marginalized communities' rights in India. Hingorani is considered the "Mother of Public Interest Litigation," and her portrait now hangs in India's Supreme Court library.
Moving on to the case itself, Hussainara Khatoon vs State of Bihar was the first case of
Public Interest Litigation in India, filed by Hingorani in 1979 after reading a
report in the Indian Express newspaper about the plight of undertrial
prisoners. The case brought attention to the inhumane conditions in which these
prisoners were being kept and the fact that many of them had been incarcerated
for years without a fair trial.
Facts in issues
The main question under consideration in this case was the violation of Article 21 of
the Indian Constitution, which guarantees the protection of life and personal
liberty, and Article 39A, which mandates that citizens, men and women equally,
have the right to an adequate means of livelihood and a speedy trial.
Arguments And Judgement
The arguments presented in the case revealed that a significant number of men,
women, and even children were being held behind bars, awaiting their trials for
years. Many of them were charged with trivial offences, and even after imposing
proper charges, the punishment would not have been for more than a few months
of imprisonment. The Bihar government argued that the delay in the trials was
due to the need for expert opinions, which were also delayed.
However, The Supreme Court found these arguments to be unsatisfactory and ordered the release of the 17 undertrial prisoners whose names were mentioned in
Hingorani's writ petition. The judgment, delivered on 9th December 1980, held
that the right to a speedy trial is an integral part of the fundamental right
to life and personal liberty guaranteed by the Indian Constitution. The court
noted that a large number of undertrial prisoners were languishing in jails for
years without a trial, which was a violation of their fundamental rights.
The court directed all state governments to set up committees to identify undertrial
prisoners who had been in jail for more than the maximum period of imprisonment
for the offense they were charged with and to release them on bail if they were
not being tried for a serious offense. The court also directed state
governments to take steps to ensure that trials of undertrial prisoners were
completed within a reasonable time, such as setting up fast-track courts and
appointing more judges.
Conclusion
The judgment of the Hussainara Khatoon vs State of Bihar case was a landmark decision that highlighted the importance of the right to a speedy trial and the need for reforms in the criminal justice system to ensure that the fundamental rights of all citizens are protected. The release of 4000 undertrial prisoners was a significant step towards ensuring that justice is served fairly and expeditiously in India.References
- Hussainara Khatoon & Ors vs Home Secretary, State Of Bihar, ... on 12 February, 1979 (indiankanoon.org)
- Article 21 in The Constitution Of India 1949 (indiankanoon.org)
- Article 39 in The Constitution Of India 1949 (indiankanoon.org)
- Public interest litigation in India - Wikipedia
- Kapila Hingorani - Wikipedia
- Hussainara Khatoon v State of Bihar - Case Analysis - Law Corner
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