- By Bhoomika Singh
B.A.LL.B (H), Dharmshastra National Law University

In the shadows of justice, a troubling paradox is found within the chains of Indian justice. The Constitution of India professes equality to all, but the walls of its prisons say differently. In the walls of their prisons, it is the marginalized who are tossed the farthest. It is the people belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes, and religious minorities, who disproportionately occupy the ranks of the incarcerated. Their cycle of injustice does not stop with their imprisonment but follows them to where they are imprisoned. In the prison system, a cycle of caste-based labour, lack of legal aid, and inhumane conditions has been institutionalized, with caste atrocities emphasized and redefined. In the prison, the application of violence is raised to the level of a system. It instigates a question: because of their powerlessness, why do the oppressed weigh the scales of justice heavily, and why are poverty and marginalization punished more by the criminal justice system than crime itself?

Bars of injustice: Institutionalism of violence against marginalized communities

The National Crime Records Bureau data unveils that the Indian prisons are bursting through the seams, with 65.90% belonging to the Scheduled Castes, Scheduled Tribes, and the Other Backward Class categories. Scheduled Castes (SC) make up 20.9% of both undertrial prisoners and convicts, despite constituting only 16.6% of the national population. Similarly, Scheduled Tribes (ST) account for 10.5% of undertrial prisoners and 13.9% of convicts, while their share in the general population is 8.6%. Other Backward Classes (OBCs) form 34.3% of undertrial prisoners and 37.2% of convicts, though comprehensive population data for OBCs is unavailable. Religious minorities also face disproportionate incarceration. While Hindus make up 79.8% of India's population, they constitute 67% of undertrial prisoners and 75.7% of convicts. Muslims, representing 14.2% of the population, account for 19.6% of undertrials and 17.4% of convicts. Sikhs, Christians, and other religious groups also show varying degrees of overrepresentation, with Sikhs comprising 3.5% of undertrials and 2.3% of convicts, Christians making up 2.2% of undertrials and 3.1% of convicts, and other religious groups accounting for 0.6% of undertrials and 1.5% of convicts.

Scheduled Castes (SCs) and Scheduled Tribes (STs) are socio-legally recognized groups under Articles 341 and 342 of the Constitution. Article 366(24) and Article 366(25) further define these categories for the purpose of constitutional provisions. The Muslim community is the second-largest minority in India.  Both these communities are seen as socially and economically backward classes with a history entrenched in discrimination.

This data presents us with the disproportionate demographics of Indian prisons and the institutional violence against them. There is an overwhelming number of SC, ST, and Muslim prisoners under trial as a result of their inability to afford legal aid. These prisoners spend years in jail under trial with little to no scope for bail. These prisoners rely on state-owned legal aid clinics, which are severely underpaid and overworked. 

The inside story of the prisons reveals the inhumane conditions in which these prisoners are forced to live. They are faced with repetitive abuse and forced to do unpaid labour, or with wages that are even less than the minimum wage. The division of labor according to caste permeates behind bars, with lower caste prisoners assigned to the tasks of sweeping and cleaning, and upper caste prisoners assigned to tasks of kitchen and medical duties. There is a lack of proper healthcare in these prison systems, with nearly five people dying every day in India’s prisons. Based on an analysis of data from the annual reports of the National Human Rights Commission (NHRC) from 1996–1997 to 2017–2018, the National Campaign against Torture estimates that 71.58 percent of the people who died in custody were from poor or marginalized sections of society

Of all the prisoners, the recent data by Project 39A shows 564 prisoners on death row at the end of 2024. The same study's earlier findings revealed that most death sentences given are to prisoners belonging to socio-economically disadvantaged backgrounds. It is not as if the privileged members of society do not commit crimes, then why is it only the poor and vulnerable paying for their crimes with the most gruesome consequences? 

The argument for restorative justice 

What we need is legislation and initiatives that work to revamp the criminal justice system from its core. We need a system that works for the rehabilitation of both the victim and the perpetrator. We need a system that is not punitive towards the prisoners rather works to restore them and integrate them back into society. Howard Zehr, a leading figure in restorative justice, argues that justice should not be about punishment but about repairing harm and fostering dialogue between the offender, the victim, and the community. Further, we need special measures to curb violence and prejudice towards marginalized communities by state agencies. The status quo of the current justice system is in direct violation of the principle of equal justice to all as embodied in the Constitution.  

Conclusion

The crisis in Indian prisons is not just overcrowding or lack of facilities. It is the fundamental problem with the justice system. While the poor and vulnerable are punished, the privileged are let off. In such a system, a claim that it is the justice system cannot be made. A justice system that is built on punishment, and more importantly, on social hierarchies, cannot be a justice system. Crime is something that is not specific to any community; however, for longer periods, certain groups, likely minorities, are observed to be overrepresented in the system. It shows the institutional targeting of the same community through the weaponization of law and justice. A restorative paradigm of justice is needed. Such a system places the responsibility on the system to make the victim whole again, repair the wrong, and rehabilitate the perpetrator. It is not about retribution; it is about reconciliation. The philosophy is not to condemn people to lives of suffering, but to make people part of society and make them productive members. Justice is not about punishing for the sake of justice; it is about repairing the harm done and getting people to speak. However, unless we change the structural biases in the system and unless we reimagine justice as a tool of healing instead of a tool of punishment, we cannot even start thinking about the dream of equal justice to all.