Lived Prison Experiences of the Wrongfully Convicted: An Empirical Study

Abstract

In recent times, researchers focusing on wrongful convictions have drawn attention to the key factors contributing to such miscarriages of justice within the Indian context. However, the academic literature focusing on the victimization experienced by wrongfully convicted individuals during their incarceration is noticeably limited. Innocents who were wrongfully arrested, prosecuted and convicted experience a profound sense of invisibility and injustice, first, through their wrongful conviction and unjust sentencing and, subsequently, upon re-entering society following a prolonged incarceration period without state assistance or restitution. The lack of empirical evidence on their lived experiences hinders the researcher and policymakers from effectively addressing their needs and required support. In this context, this article delineates the lived experiences of five wrongfully convicted individuals who endured prolonged periods of incarceration across three states: Delhi, Haryana and Uttar Pradesh. This article addresses two pivotal questions: first, how individuals who maintained their innocence experienced wrongful incarceration in prison, and second, the strategies employed by the wrongfully convicted to navigate the social dynamics within the confines of the prison. To gain a comprehensive understanding of their experiences, a qualitative methodology was employed to discern their perspectives. In-depth semi-structured in-person interviews were conducted with participants who have been acquitted by the higher courts exercising appellate jurisdiction. The objective of these in-depth interviews was not limited to eliciting the facts surrounding their wrongful convictions but also to construct knowledge about their adaptation to prison life, which deprived them of their liberty and autonomy.