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VOL. 7, ISSUE 6 (2025)
Detention, stigma, and poverty: A socio-legal analysis of undertrial prisoners
Authors
Faizan Ashraf, Umair Khan, Shereen Sadiq
Abstract
Prisons in India house one of the largest populations of under-trial
prisoners. Most of them are behind bars, not due to the severity of their
alleged offences but because of delays in the justice delivery system, poverty,
and social exclusion. (National Crime Records Bureau [NCRB], 2023). This paper
focuses on a socio-legal analysis of undertrial detention, emphasizing how
poverty and stigma intersect to sustain cycles of incarceration. Drawing on
qualitative data collected from Aligarh District Jail through Welfare Actions
for Incarcerated (WAFI), an outreach program of the Department of Sociology at
Aligarh Muslim University, which provides socio-legal assistance to inmates,
the study explores the lived experiences of undertrial prisoners. It analyses how
poverty, lack of legal literacy, and social abandonment extend the punitive
effects of detention well beyond the courtroom. Thematic analysis shows that
financial inability to secure bail, family rejection due to stigma, and
inadequate legal representation collectively deepen the marginalization of
undertrial prisoners. The study also critically examines the limitations of
legal aid and highlights the role of an outreach programme in improving access
to justice. By emphasizing the socio-structural aspects of detention, this
paper advocates for shifting from individual blame to a more systemic
understanding of carceral inequality in India. Policy recommendations are
provided to strengthen legal aid, incorporate socio-legal work into prison
systems, and reframe detention as a site of rights rather than neglect.
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Pages:145-150
How to cite this article:
Faizan Ashraf, Umair Khan, Shereen Sadiq "Detention, stigma, and poverty: A socio-legal analysis of undertrial prisoners". International Journal of Social Science and Humanities, Vol 7, Issue 6, 2025, Pages 145-150
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