Webinar: Functioning of Undertrial Review Committees (UTRCs)

Imphal, 23rd May 2021

In light of the recent directions of the Hon’ble Supreme Court of India vide order dated 07.05.2021 in SMWPC No. 1/2020 stating the requirement to decongest prisons in view of the recent surge in COVID cases, National Legal Services Authority (NALSA) organized a webinar on the “Functioning of Undertrial Review Committees (UTRCs)” on 22nd May 2021 from 4 pm to 6 pm.

Shri. Ashok Kumar Jain, Member Secretary, NALSA gave the welcome speech and highlighted the objective of the webinar followed by Shri. Sunil Chauhan, Director NALSA who deliberated in detail the need for UTRCs, its evolution and the existing framework. Representatives from CHRI not only gave a detailed analysis of the existing good practices followed by all UTRCs but also highlighted the issue areas.

Some of the issues that highlighted include disinterest or non-participation by district administration in UTRC meetings; limited consideration or review by UTRCs as per the 14 categories of undertrial prisoners as mentioned in NALSAs SOP for UTRCs; very few follow up of each case etc.

The said webinar was participated by Member Secretaries of State Legal Services Authorities (SLSAs) as well as Secretaries of the District Legal Services Authorities (DLSAs) across the country. The participants also provided practical challenges faced at ground level such as inconvenience in physical meetings and jail visits due to the ongoing pandemic, lack of technological solution, lack of staff and infrastructural requirement etc. to mentioned a few where possible solutions for improvement on the working of UTRCs were also discussed.

Key take away of the webinar:

o Importance of proper functioning of UTRCs as a mechanism to reduce prison population
o Need for sensitisation for all members of UTRCs including those of District Administration and the District Police.
o UTRC meetings must be held periodically as per the need of the concerned districts.
o Need for consideration or review must be conducted for all the 14 categories of undertrial prisoners as mentioned in NALSAs SOP for UTRCs.
o Proper follow up of each case such as timely recommendation to trial courts, filing of application by lawyers and follow up on subsequent outcome of applications filed.
o Proper documentation, timely preparation of minutes and reporting to concerned SLSA for onward submission to NALSA
o Streamlining UTRC process by appointing appropriate nodal person at SLSA level, exchanging/ sharing of feedback, experience, good practices among SLSAs for implementation of such good practices in other states.

Mention may be made that, legal services to prisoners remain one of the focus areas of Legal Services Authorities, and Undertrial Review Committees (UTRCs) have an important role in the entire framework and their role assumes more significance in view of the ongoing pandemic. On the other hand, the idea is to give another breath of life to those who are unnecessary detained for a prolonged period of time.

(Sorokhaibam Sadananda)MJS
Deputy Member Secretary,
Manipur State Legal Services Authority
ADR Building, Lamphel Court Complex,
Lamphelpat, Imphal