Hussainara Khatoon v State of Bihar (1979)

Human Rights Law · Impact of UDHR on the Indian Constitution

Facts.

Thousands of undertrial prisoners in Bihar had been in jail for years awaiting trial — many longer than the maximum sentence for their alleged offences.

Issue.

Are a speedy trial and free legal aid part of the right to life and personal liberty under Article 21?

Held.

Yes. A speedy trial is an integral part of Article 21, and the State must provide free legal aid to a poor accused (read with Article 39A). The undertrials were ordered released.

Why it matters.

India’s first reported PIL; it established the right to a speedy trial and free legal aid, and the template for prison-reform litigation.

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