Presumed Innocent, Digitally Excluded: Undertrial Prisoners, Internet Access, and India's Obligations Under the ICCPR and the Nelson Mandela Rules

Over 5,30,000 inmates are housed in the prison system of India, of whom approximately 73.5 per cent are undertrial prisoners not convicted of any offence. These individuals endure blanket denial of internet access under prison regulations of the colonial era, positioning India rather incongruously with the evolving architecture of human rights law. This paper argues that the absolute prohibition of internet access for undertrial prisoners transgresses the golden triangle of the Indian Constitution, as interpreted through landmark decisions, including Francis Coralie Mullin v Administrator, Union Territory of Delhi, and Anuradha Bhasin v Union of India. It is moreover contended that this prohibition is at odds with Articles 10 and 19 of the International Covenant on Civil and Political Rights, in addition to Rules 3, 58 and 61 of the United Nations Nelson Mandela Rules. Drawing on comparative practice in Europe, New Zealand, and the United States, the paper demonstrates that the current approach of India is increasingly anomalous in the global landscape of prison rights. The paper urges the introduction of a statutory framework for graduated, supervised digital access for undertrial prisoners, to be embedded within the Model Prisons and Correctional Services Act 2023, as a necessary step toward aligning the prison jurisprudence of India with international human rights norms.