In late 2009, Arunachal Pradesh opened its first jail, five years after its construction had been completed. But little did the batch of 19 under-trial prisoners who were transferred at the time realise that they were a blessed lot. They had escaped a fate that, since the state's creation in 1987, all others in their situation had been forced to undergo, involving not only appalling lack of hygiene for prisoners but blatantly illegal judicial procedures. The opening of the new jail constitutes a silver lining of sorts in the series of untold narratives of gross human-rights violations that have constituted standard procedure for prisoners awaiting trial in the state. Until the recent change, Arunachal had been the only state in India where 'police remand' and 'judicial remand' meant the same thing. In most parts of the state, it still does.
Take the example of Hura Rari, a middle-aged businessman from Naharlagun in Arunachal. For 14 months, Rari was held in custody on kidnapping charges in a dark, dingy lock-up at a police station. At the time, Rari's situation was similar to all of those awaiting or undergoing trial in the state. Even today, many police stations have two separate cells – one for police lock-up and another for judicial lock-up. Some suspects are forced to remain in the police station for three or four years, until they are convicted or released on bail. (If convicted, prisoners are transferred to district jails in Assam.) These police cells can become so overcrowded that prisoners take turns sleeping while the rest stand. Beyond the aesthetics and physical discomforts, this is a gross violation of the Prisons Act of 1894, which clearly states that a 'prison' cannot include 'any place for the confinement of prisoners who are exclusively in the custody of the police'.