It is a shocking reflection on the flaws in our criminal justice system that less than one out of three people lodged in Indian jails is a convict. The vast majority of the prison population, as many as about 2.5 lakhs or 70 per cent, is made up of undertrials awaiting justice. As Prime Minister Manmohan Singh told the conference of Chief Ministers and Chief Justices, many of them have been in jail “for periods longer than they would have served had they been sentenced.” The Law Commission of India’s 78th report on the “Congestion of undertrial prisoners in jail,” submitted in 1979, also has a topical feel about it. The situation today is not unlike what it was then — people languish in jail for the want of resources to seek bail, for the lack of proper legal aid, and the hopelessly sluggish pace at which the judicial system moves. Coupled with this is the presence of a police force that seems less interested in securing convictions than in making summary arrests, effectively using custody as a form of preventive detention. If the problem of undertrials has proved so intractable, it is because it is a manifestation of fundamental and deep-rooted flaws in the criminal justice system.
The immediate task is to identify those who are eligible for bail and ensure their release. Under the Code of Criminal Procedure (Amendment) Act 2005, those accused of offences for which the death penalty is not prescribed are entitled to be released if they have been in detention for more than half the stipulated period of imprisonment. Also, the majority of the undertrial population is behind bars for petty offences and, by the Centre’s admission, “is under lock up in the absence of trial.” Chief judicial magistrates have been asked by Chief Justice of India K.G. Balakrishnan to identify such cases and it is imperative that this exercise is carried out expeditiously so that these undertrials can be released on personal bonds. A more serious look at plea bargaining, introduced by the 2005 amendment for cases where the sentence is less than seven years, is called for. This could benefit many undertrials languishing in jails. However, such immediate measures can address only a part of the problem. The fact that there is such a vast population of undertrials is closely linked to a larger issue — that of the lethargic pace of the criminal justice system, reflected in the world’s biggest backlog of pending cases. Dr. Manmohan Singh hit the nail on the head when he urged that “the expeditious elimination of this scourge… should constitute the highest priority for all of us.”
Keywords: Criminal justice system, jails, convict, Editorial
Comments:
The fact that as many as about 2.5 lakh undertrials await justice, and vast majority of them have been in jain for periods longer than they would have served had they been sentenced, underlines the urgent need for restructuring the Indian Judicial system. It is a well-known principle that 'Justice delayed is justice denied'. But the undue delay caused to the undertrials in Indian jails results in not only denial of justice, but extra-legal punishment to the undertrials, if their guilt is not proved at the end of prolonged trial.
I hope Manmohan follows this up and someone really executes the process of cleaning up the mess. Always wondered, its kind of an Indian DNA to leave things unfinished/half baked, no closure etc...This is one aspect that has to be integrated into education and make as part of every Indians DNA if India wants to be competitive...We can only hope the new generation is better...
The focus on lessening the burden on the criminal justice system, though late by many years, has to be praised.India can not afford to continue to carry the burden of a large number of criminal cases[or civil cases] if faith in our judiciary is to be upheld.The indian police force's active participation towards this cause will make a big difference. They should well know that justice delayed is justice denied.
It is a shocking reflection on the flaws in our criminal justice system that less than one out of three people lodged in Indian jails is a convict. The vast majority of the prison population, as many as about 2.5 lakhs or 70 per cent, is made up of undertrials awaiting justice. This fact is very shocking. It is more shocking that they have overstayed in the prison than what would have been their sentence term. So the entire system needs to be overhauled since it is a violation of human rights. An account of such convicts in the prison should be enumerated and action taken to release them immediately so that the cost of the state exchequer may also come down.
The editorial reveals a gloomy picture of Indian judiciary system and the way the trial is being made. It is high time we should invoke rapid changes in the trial process, so that we can punish or release the under-trial prisoners.
You might know some of the cases in the news like Bhopal gas accident, stamp paper scam, cases against Air India crash in Canada and many more. There are myriad such pending cases before the Supreme Court of India, some for decades. Sometimes there is the ludicrous situation of the accused in the case dying and then getting the death penalty. India's judicial system has been in disarray and utterly failed to mete out justice on time and furthermore with fairness. Most of the time common people sort out their cases outside of the court to avoid long running labyrinth of dates and advocates appointment. They despair at money burned and time spent to get fair justice.
Thank God, that our executive and judiciary has accepted the flaw. But it needs more attention at the lowest level, whose negligence makes a person a number in a file and lands in jail. The p athetic conditions in Indian prisons are well-known. If a person is not a criminal, he becomes one due to the environment or other reasons. In place of disposal of cases we are producing more criminals.
Backlog of judicial cases is a matter of serious concern. So it is highly imperative that our veteran Prime minister and his team has to take quick decisive steps to reduce the number at the least.
We have been discussing this issue for the last two decades. We have only been making general statements like flaws in the criminal justice system, etc. This will not cure the problem. Now it is time that some serious research at microscopic level is done to identify the causes that contribute to the present state of affairs. The judiciary and police department should open up and give them all the support to undertake the research.
It's heartening to note that the Prime Minister has sought to bring judicial rights to the poor and the under privileged as well. It's often found that influential people having charges in matters more grave than what the majority of the under-trials have been detained for, have found the gates of the judicial system helping them out. The Prime Minister should monitor and follow-up on the efforts to speed up the release of those who deserve to be freed and prevent the law enforcers from using this anomaly in the judicial system as a means of preventive and vindictive detention.