Introduction

Access to justice for under-trials has been under discussion for a long time. It requires a holistic approach and collaborative efforts of multiple stakeholders to break the ice. The access to justice cannot be achieved, till we strengthen the Jail Administration, facilitate the legal Aid provisions at the District and State legal services and both wings of Justice Administration, Police and Judiciary keeps human rights concerns on top priority. The need is to develop a robust partnership with the Prison Administration, State Government, State Legal Services Authority and Judiciary. However even with all efforts the most critical stakeholder remains to be the Family Support of the Undertrial prisoner, without their involvement and interest it is impossible.

Objective

Currently under the project Access to Justice, supported by CSR of Team Computers Private Limited, the focus is on strengthening the system through its intervention in Jails at Dehradun and Haldwani in Uttrakhand. The aim is to provide immediate relief including release by engaging with the Family Support Person (FSP) and assist by creating linkages with District and State Legal Services Authority and undertake a longitudinal study to understand the system gaps and failures leading to delays and denial of access to Justice. Attempts are being made to establishing local centre of excellences as a sustainable mechanism by involving Law Schools, Local Bar Association and Individuals. Simultaneously, publish legal literacy and aid materials for under-trials, police, Jail personnel, lawyers and judicial officers for facilitating access to justice, role clarity of duty bearers and rights awareness of prisoners.

Key Engagements

• Webinar by Department of Justice, Ministry of Law & Justice, GOI (30 Jan 2023) .

The founder of the organization Advocate Vikram Srivastava was invited by the Department of Justice to address participants on "Support System for Under trial Prisoners within the Families". In this webinar our project findings on support persons at both the places of Dehradun and Haldwani was discussed as per the findings there are cases where no support person is available or support person's contact is unavailable. There is a need to create Support System, Social Security Schemes for families of Undertrials (Finance reformative approach), Sensitive Prison staff and Superintendent and impacts life of the child matter, Entry Policy, engagement with Support Person, Individual Care Plan for Undertrials / Convicts / Children of Prisoners (similarly as provided under JJ Act) Exit Policy, Panchayat level functional System in benefit of UTs, society at large and justice system.

• Indian Law Institute, New Delhi.

The founder of the organization Adv Vikram Srivastava was invited by The Indian Law Institute to address the participants on" The Support Persons of Under trial within Family" in the Two day Training Programme organized by Indian Law Institute in collaboration with National Human Rights Commission for Prison Officials on " Human Rights: Issues and Challenges” dated 12 Feb 2023, to sensitize the Prison officials and to cover wider aspects relating to human rights of the prisoners.

The founder of the organization Advocate Vikram Srivastava was invited by the Department of Justice to address participants on "Support System for Under trial Prisoners within the Families". In this webinar our project findings on support persons at both the places of Dehradun and Haldwani was discussed as per the findings there are cases where no support person is available or support person's contact is unavailable. There is a need to create Support System, Social Security Schemes for families of Undertrials (Finance reformative approach), Sensitive Prison staff and Superintendent and impacts life of the child matter, Entry Policy, engagement with Support Person, Individual Care Plan for Undertrials / Convicts / Children of Prisoners (similarly as provided under JJ Act) Exit Policy, Panchayat level functional System in benefit of UTs, society at large and justice system. .

• Post Budget Webinar by MSJE, GOI (27 February 2023) .

In view of current project access to justice focusing on support person the founder of the organization Advocate Vikram Srivastava was invited in the " Budget Webinar: Reaching the Last Mile – “Support for Poor prisoners” on 27 February 2023, Organized by Dept of Social Justice & Empowerment / NALSA / DOJ as Speaker/Expert nominated by NALSA to address on Support and Include the Families of Undertrials as a Key Stakeholder in the Access to Justice effort, which is missing at the present, in the Legal and Institutional framework. Also the existing possibilities requiring budgetary provisions such as Family Support Persons (FSP) needs to be recognized as a key stakeholder, Financial support for basic expenses like we have provisions for witness or dependent under Section 15A, Rights of victims and witnesses, SC/ST (Prevention of Atrocities) Act, 1989, travelling, social-economic rehabilitation during investigation, inquiry and trial. Children of women prisoners are another area of investment (both being and preventing from future poverty)..