Hussainara Khatoon vs State of Bihar

1. Hussainara Khatoon vs State of Bihar Hussainara Khatoon & ors vs. State of Bihar is one of the most important cases with regards to the ‘Rights of Prisoners in India. In 1977, the National Police Commission was set up by the Government of India. R.F Rustomjee, one of the members of the commission, studied a report related to a matter of the commission, for which he visited the jails in Bihar. While visiting the jails, he perceived that in the Muzaffarpur and Patna jails there were many undertrial prisoners whose trails had not even started. The prisoners with minor offenses were also captive in the jail for a term longer than the maximum punishable imprisonment period. Later in January 1979, he published the same report in the Indian Express newspaper in two parts. Kapila Hingorani, an advocate of the Supreme Court, read the report in the Indian Express and decided to take some measures on the prisoners’ situation. She filed a Public Interest Litigation (PIL) in the Supreme Court for the voiceless and underprivileged prisoners who were kept in jail for a prolonged period of time. This was the first time the Court allowed such a

2. case to move forward without any personal locus standi on the part of Mrs. Hingorani, making Public Interest Litigations a permanent fixture in Indian Jurisprudence. Ever since PILs had become the champion of the underprivileged and those wronged by the system. Thus, Kapila Hingorani is also regarded as the “Mother of Public Interest Litigation”. The two main articles that were emphasized in the instant case are : 1) Article 21 of the Constitution of India, 1950. Article 21 states that, “no person shall be deprived of his life or personal liberty except according to procedures established by law“. The protection of our liberty is the responsibility of our law as quoted by our Constitution. The Supreme Court and the High Courts are the guardians of the Constitution and therefore it is their responsibility to protect and guarantee fundamental rights to its citizens. These rights guaranteed under Article 21 have been held to be the heart of the Constitution, the most organic and progressive provision in our living constitution, the foundation of our laws. 2) Article 39A of the Constitution of India, 1950. Article 39A states that, “the State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities“. This Article emphasises that free legal service is an inalienable element of ‘reasonable, fair and just’ procedure for without it a person suffering from economic or other disabilities would be deprived of the opportunity for securing justice. It makes provisions for assisting people who are unable to afford legal representation and access to the court system. It guarantees equal access to

3. the justice system to persons who are not financially sound, by providing legal and professional assistance free of cost or at lower fees. Justice P.N. Bhagwati, speaking through the Legal Aid Committee in 1971, had observed, “Legal Aid means providing an arrangement in the society so that the mission of administration of justice becomes easily accessible and is not out of reach of those who have to resort to it for enforcement. To Read More About Hussainara Khatoon vs State of Bihar