Hussainara Khatoon vs State of Bihar UPSC

What is the importance of the case Hussainara Khatoon vs the State of Bihar

Hussainara Khatoon & Ors. is a landmark case, decided on 9th March 1979, which provided a wider interpretation for Article 21 and held that speedy trial is the fundamental right of every citizen. It is the most famous case which discusses the human rights of prisoners in India.

Judgment

The writ petition is directed against the alleged failure on the part of the respondents to provide free, fair, and speedy trials of under-trial prisoners who are mostly undertrials and are in custody for an indefinite period. Of these 48 prisons, 17 were selected for scrutiny by the Committee appointed by this Court after making an inquiry through the District Judges concerned. It came out on inquiry that 76 percent of the undertrial prisoners in the 7 selected districts have been in custody for more than one year but not more than three years. Thereafter we convened a meeting at Patna with all the advocates on record, including the Additional Solicitor General who appeared on behalf of the State of Bihar.

Which is the First PIL Case In India

Hussainara Khatoon Vs. State of Bihar

The first reported case of PIL was ‘Hussainara Khatoon Vs. The state of Bihar’ in 1979. A few important facts of this case are as follows: This case focused on the inhuman conditions of prisons and under-trial prisoners.

Ms. Hussainara Khatoon petitioned the court to set aside Section 436A of the Cooch Behar District Act and Section 68 of the Bihar Police Act on the ground that they were ultra vires Article 21 of the Constitution of India, which protects the right to personal liberty. These provisions affected her liberty and dignity as a person who had been arrested and detained under those acts.