Hussainara Khatoon v. State of Bihar
(1980) 1 SCC 81 · Supreme Court of India
Prolonged pre-trial detention of the poor is a denial of equal justice.
Unit V · Human Rights Law
Undertrials, legal aid and conditions of detention
Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.
Statute sections
| Act / instrument | Section | Name |
|---|---|---|
| Constitution of India | 22(1) | Right to consult and be defended by a legal practitioner |
| Constitution of India | 39A | Equal justice and free legal aid |
| Legal Services Authorities Act, 1987 | 12 | Persons entitled to legal services |
Landmark cases
Francis Coralie Mullin v. Administrator, UT of Delhi
(1981) 1 SCC 608 · Supreme Court of India
Prison and detention conditions are measured by dignity, not by the bare keeping of body and soul together.
International Commission of Jurists (standards on the rule of law)
ICJ principles · International Commission of Jurists
Fair-trial and detention standards of the ICJ reinforce the Indian insistence on counsel, reasons and judicial oversight.