Meghalaya's Secret Jails: 15 Years DETENTION Without Trial? | India's Constitutional Crime.
Автор: Meghalaya Unfiltered
Загружено: 2025-11-26
Просмотров: 25
Описание:
Imagine being punished for longer than your alleged crime’s maximum sentence—before a court even proves you are guilty. This isn't fiction; it's the nightmare faced by thousands of undertrials in Meghalaya's prisons, where the punishment begins long before conviction. This is a complete breakdown of justice and a "constitutional obscenity".
(The Statistical Horror & Poverty Trap)
Our investigation reveals a terrifying statistical reality: up to 60-75% of the total prison population in places like Meghalaya are undertrials, often languishing in jail for an average of 2-5 years, with many cases exceeding 10 years. Crucially, 90%+ of these individuals come from economically weaker sections who remain detained simply because they cannot afford bail, even for minor, bailable offenses. The lack of resources turns jail into a poverty trap.
(The Systemic Failure)
Why does this happen? The system is deliberately broken:
1. Judicial Backlog: Too few judges and too many cases mean court hearings often last only 15-30 minutes, resulting in delays that compound, pushing the next hearing back months.
2. Legal Aid Failure: Government-provided legal aid lawyers are often overworked, handling 50-100 cases, receiving minimal pay, and providing only "perfunctory representation".
3. The Forgotten Factor: Undertrials are forgotten; they have no known release date, few family visits, and zero political incentive for intervention.
(Constitutional Violations and Call to Action)
This prolonged detention is a direct violation of Article 21 of the Constitution of India, which guarantees the fundamental right to a speedy trial. This system ignores landmark Supreme Court rulings like Hussainara Khatoon vs. State of Bihar (1979) and Kadra Pahadiya vs. State of Bihar (1982), which established that indefinite detention without trial is unconstitutional. Furthermore, the State routinely violates CrPC Section 436A, which mandates the release of undertrials detained for half the maximum period of their potential offense.
We must hold the system accountable.
#FreeMeghalayaUndertrials
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RESEARCH SOURCES & INTELLECTUAL FOUNDATION:
This video is based on deep research, detailed investigation, and foundational legal and theoretical texts, including excerpts from the report "India's Undetrial Horror: Justice Denied in Meghalaya."
Our research and analysis specifically referenced and cross-verified information from the following critical sources mentioned in the attached investigation:
• Public Databases: National Crime Records Bureau (NCRB) - Prison Statistics India (to verify undertrial percentage and average detention period).
• Supreme Court Judgments: Hussainara Khatoon vs. State of Bihar (1979) and Kadra Pahadiya vs. State of Bihar (1982).
• Constitutional and Statutory Law: Article 21 of the Constitution of India and Code of Criminal Procedure Sections 436-436A.
• Empirical Studies: "Waiting for Justice: A Report on Undertrials in India" by Commonwealth Human Rights Initiative.
• Philosophical Context: Analysis inspired by "The Trial" by Franz Kafka and "Are Prisons Obsolete?" by Angela Davis
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