Justice Madan B. Lokur warns that poor prison conditions in India hinder extraditions, as foreign courts fear human rights violations. Overcrowded jails, underfunded legal aid, and court delays worsen the situation. Reforms in prisons, police, and judiciary are vital to restore global trust and ensure fugitives face justice in India.
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Justice Madan B. Lokur highlights how poor prison conditions in India are hampering international extraditions.
Justice Madan B. Lokur is a retired Supreme Court judge and currently chairs the United Nations Internal Justice Council. He explains why foreign courts, like those in the U.K., refuse to send fugitives back to India. He says it is because Indian prisons are overcrowded, unsafe, and poorly managed.
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Extradition means sending a person accused of a crime back to their home country to face trial. India seeks fugitives like Mehul Choksi, accused in the Punjab National Bank fraud, Sanjay Bhandari, wanted for tax evasion and money laundering, and others like Vijay Mallya and Nirav Modi. However, foreign courts, like the U.K.’s, often say no because they worry about human rights violations in Indian jails. |
A U.K. court recently refused to send Sanjay Bhandari back to India. Bhandari is accused of tax evasion and money laundering. The court said Indian prisons are unsafe and cited examples like torture and poor living conditions in Tihar Jail. The court even asked the Indian government four times to assure them about jail conditions, but the replies were vague and unsatisfactory.
This ruling by the U.K. court has set a poor precedent for India. India has around 100–120 extradition requests pending in courts worldwide. If other courts follow the same logic, they might also deny sending people back to India. This means fugitives could escape justice simply because of India’s poor prison system.
Police: There is only one civil police officer for every 831 people in India. Many police stations don’t even have CCTVs or women help desks. Also, most states don’t meet their own quotas for hiring women in the police force.
Judiciary: Courts are overloaded. In Bihar, 71% of cases have been pending for over three years. Gujarat has the highest number of vacancies for High Court judges and staff.
Prisons: Uttar Pradesh has the most overcrowded prisons, and 91% of Delhi’s prisoners are undertrials (people waiting for trial).
Legal Aid: India spends just ₹6 per person annually on legal aid, which is shockingly low. Similarly, spending on prisons is ₹57 per person, and on the judiciary, it is ₹182.
Improve prison conditions by reducing overcrowding and ensuring safety for inmates.
Train police officers better and hire more women in the force.
Fill vacant positions in courts to reduce case backlogs.
Increase funding for legal aid so everyone can access justice.
Make sure human rights commissions in states, like Arunachal Pradesh, work effectively and have proper resources.
If India fixes the issues, foreign courts may start trusting its justice system again, making it easier to bring fugitives back home.
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PRACTICE QUESTION Q. "The Indian prison system is a reflection of the colonial legacy that prioritizes punishment over rehabilitation." Critically analyze. 150 words |
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