The Supreme Court of India has highlighted the negative effects of imprisonment, particularly for those from weaker economic backgrounds who are at risk of “prisonisation”. The court noted that incarceration can lead to the loss of livelihood, family bonds, and alienation from society. The overcrowding and poor living conditions in Indian jails were also highlighted, with over 5,54,034 prisoners currently lodged in jails against a total capacity of 4,25,069. The court emphasized that trials must be conducted speedily, especially in cases where special laws enact stringent provisions. The right to speedy trial is implicit in Article 21 of the Indian Constitution. The court made these observations while granting bail to an accused charged under the Narcotics Drugs and Psychotropic Substances Act 1985 (NDPS Act) who had spent over seven years in jail and whose trial was proceeding at a slow pace. The court noted that undue delay in trial can be a ground for granting bail to an accused despite the stringent conditions provided under Section 37 of the NDPS Act.
