77% of 5.5 lakh prison inmates are still awaiting trial: Whither prison reform?

By Vikas Meshram*

Despite being granted bail, thousands of undertrial prisoners in India continue to endure inhumane conditions in jail. The issue has been a topic of national discussion for quite some time. The fact that the prisons in the country are overcrowded is no secret. Most of the inmates belong to poor and marginalized communities, many of whom do not have anyone to arrange bail for them.

As of 2024, the total number of prisoners in India exceeds 5.5 lakh, placing the country fourth in the world for the highest number of incarcerated individuals. Every prison in the country houses inmates beyond its capacity, and it may surprise you to learn that 77% of these inmates are undertrial. In other words, 77% of the prison population is still awaiting trial.

Many of these individuals have been in jail for years due to their weak financial conditions, lack of knowledge about their rights, or the inability to claim those rights. Despite repeated discussions about the need for reform, the situation has only worsened.

In India, 51.4% of undertrial prisoners are in district jails, 36.2% in central jails, and 10.4% in sub-jails. Among these inmates, 66% belong to the SC/ST and OBC communities, and 25% are illiterate.

One can understand that this class is deprived of education, basic needs, and facilities. Often, their circumstances may have led them into such situations. Why haven’t these conditions changed even after so many years of independence?

Today, developments such as shiny roads, highways, factories, and tourism are visible, but why doesn’t the picture change when it comes to providing jobs, food, and basic needs for everyone? It’s a question that remains unanswered. Why do luxurious cars run on highways, yet people live under bridges? Why don’t they get relief from poverty and suffering? Aren’t these numbers a matter of shame? Why can’t these problems be solved?

One needs to pay attention to the fact that the purpose of imprisonment is to reform those whose circumstances led them into the cycle of crime, not just to punish them.

It’s important not to forget that the goal is to change the minds of those who have entered the world of crime and turn them into responsible citizens, excluding heinous, notorious, and professional criminals.

Therefore, concerns have been expressed from time to time about the release of undertrial prisoners who remain in jail even after being granted bail. Undoubtedly, there is overcrowding in our prisons. It is estimated that around five thousand undertrial prisoners are still waiting for release even after being granted bail.

Last year, the Supreme Court issued several directives, asking courts to consider revising bond, surety, and bail conditions. The Supreme Court also directed the preparation of reports on the social and economic conditions of such inmates, so that the conditions for their release could be relaxed.

Undoubtedly, there has been a long-standing need to humanize the face of the justice system in a democratic country. The concept of justice is that protecting innocent people from injustice should be the primary responsibility in any situation. The Supreme Court has reiterated to judges that they cannot turn a blind eye to the harsh realities of life.

Many of the prisoners have been in jail for years due to their weak financial conditions, lack of knowledge about their rights

Reviewing the situation could make things clearer. Granting bail and then imposing additional conditions is akin to giving something with one hand and taking it away with the other, according to the court. The court has emphasized the need to institutionalize a humanitarian approach.

In fact, bail is the rule, and denying bail is the exception. The Supreme Court has strongly reiterated this point in its recent judgments. The position was taken that if a case is tried, bail should be granted, even if the offense falls under the Unlawful Activities (Prevention) Act (UAPA). In reality, laws that punish terrorist acts are often made stringent.

Therefore, the Supreme Court has not shied away from saying that while upholding the right to a speedy trial and the sacred right to liberty, lower courts and high courts often adopt a cautious approach in granting bail. The Supreme Court has expressed serious concern over the fact that the country’s justice system is plagued by delays at every level.

The age-old flaw of ‘date after date’ continues, and the situation of undertrial prisoners remaining in jail after bail is no different. The court believes that the crisis is exacerbated by the lack of awareness and legal literacy in the country.

Undoubtedly, the Supreme Court’s approach is not only progressive and just, but it also draws attention to the critical issue of protecting individual liberty and raising awareness among citizens.

The recent sensitive initiatives of the Supreme Court have sparked hope for a serious initiative to expedite the resolution of the millions of pending cases in the country and to bring justice to those who have been waiting for it for generations.

Comments

Defeat of martial law: Has the decisive moment for change come in South Korea?

By Steven Lee Late at night on December 3, soldiers stormed into South Korea’s National Assembly in armored vehicles and combat helicopters. Assembly staff desperately blocked their assault with fire extinguishers and barricades. South Korea’s President Yoon Suk Yeol had just declared martial law to “ eliminate ‘anti-state’ forces .”

70,000 migrants, sold on Canadian dream, face uncertain future: Canada reinvents the xenophobic wheel

By Saurav Sarkar* Bikram Singh is running out of time on his post-study work visa in Canada. Singh is one of about 70,000 migrants who were sold on the Canadian dream of eventually making the country their home but now face an uncertain future with their work permits set to expire by December 2024. They came from places like India, China, and the Philippines, and sold their land and belongings in their home countries, took out loans, or made other enormous commitments to get themselves to Canada.

A groundbreaking non-violent approach: Maharishi’s invincible defense technology

By MajGen (R) Kulwant Singh, Col (R) SP Bakshi, Col (R) Jitendra Jung Karki, LtCol (R) Gunter Chassé & Dr David Leffler* In today’s turbulent world, achieving lasting peace and ensuring national security are more urgent than ever. Traditional defense methods focus on advanced weapons, military strategies, and tactics, but a groundbreaking approach offers a new non-violent and holistic solution: Maharishi’s Invincible Defense Technology (IDT).

Govt of India asked to work for release of 217 Indian fishermen detained in Pakistan since 2021

By A Representative Members of the fishing communities from Gujarat and Diu, Union Territory, held a press conference in Ahmedabad, urging the Union Government to take proactive measures to secure the release of Indian fishermen currently detained in Pakistan. Presently, 217 Indian fishermen, mostly from Gujarat and Diu, are held in Pakistan’s Malir Jail. Of these, 53 have been incarcerated since 2021 and 130 since 2022.

This book examines dialectics of complex caste and class relationship

By Harsh Thakor* In Caste and Revolution by N. Ravi, the author addresses questions raised by Dalit and Bahujan intellectuals inspired by revolutionary parties. These questions center on caste issues and seek to formulate a profound diagnosis to chart a path toward the annihilation of caste. The book explains how caste-based feudalism and comprador bureaucratic capitalism intertwine to perpetuate the caste system. It asserts that only the path of a New Democratic Revolution can eradicate caste. The book delves into the need for an equal position for oppressed castes in all layers of society to abolish caste discrimination and oppression. It offers an analytical diagnosis, a penetrating navigation, and a detailed account of the dialectics of caste and class across diverse spheres. Annihilation of Caste and the New Democratic Revolution A revolutionary party develops a perspective document on the caste question, integrating its understanding of caste and the program for caste annih...

34 Dalit families in IIT Kanpur without toilets in Open Defecation Free India

By Sandeep Pandey When Indian Institute of Technology at Kanpur was set up in 1959, two villages were uprooted. The farmers were given meagre compensation for the standing crop. No compensation was given for the land to build this institute of national importance. Each family was promised a job but what was not told to them was that one would require specialised skills to get a job at IIT. Some members of these families were, of course, absorbed for menial work. Some washerfolk families were also invited from outside to live on campus to take care of the laundry needs of students, staff and faculty members. One of these men was cajoled by IIT authorities then to forego a regular employment at IIT and instead take up clothes washing work.

प्राकृतिक संसाधनों के दोहन करने की प्रतिस्पर्धा: बढ़ रही पर्यावरणीय और सामाजिक चुनौतियां

- राज कुमार सिन्हा प्राकृतिक संसाधनों और कॉमन्स, जैसे सामुदायिक भूमि, वन, चारागाह और जल निकाय स्थानीय समुदायों के लिए महत्वपूर्ण हैं जो इन संसाधनों पर निर्भर हैं और उनके सतत् उपयोग एवं संरक्षण के लिए पीढ़ियों से प्रयासरत हैं। कॉमन्स न केवल हमारी पारिस्थितिकी को संतुलित रखते हैं, बल्कि ग्रामीण आजीविका, जैव विविधता, और जलवायु अनुकूलन के लिए भी महत्वपूर्ण हैं। दुर्भाग्यवश, हर साल इन संसाधनों में 4% की कमी आ रही है, जिससे पर्यावरणीय और सामाजिक चुनौतियां बढ़ रही हैं। इन कॉमन्स के संरक्षण और पुनरुद्धार के लिए दीर्घकालीन योजना पर कार्य करने की आवश्यकता है। जिससे एक बेहतर, समान और टिकाऊ भविष्य का निर्माण हो सके।

Balod tech fest tests students’ interest in innovative ideas in the fields of science, engineering, start-ups

By A Representative A techno fest scheduled on December 20 and 21 in Balod district of Chhattisgarh will test the innovative ideas of school students in the fields of science, engineering and start-ups. For this two-day fest organised at Maheswari Bhawan of the district, a total of 824 models made by students were initially registered. Out of those, a selection committee chose 200 models from several schools spread over five blocks of Balod. These will be on display on these two days from 10am to 4.30pm. Out of many ideas, one of the most interesting models is a smart glove which can be used by children with impairments and disabilities. For those who cannot speak at all or have speech difficulty, they can ask for help from caregivers by pressing their fingers on the glove after wearing it. This will attract attention.

Local businessman subjected to physical assault, verbal abuse: Demand for accountability, justice

By Kirity Roy* On October 9, 2024, a disturbing incident of harassment and abuse took place in the Swarupnagar Block of North 24 Parganas district, involving a local businessman, Hasanur Gazi, who was subjected to physical assault, verbal abuse, and religious discrimination by a Border Security Force (BSF) constable. The incident, which occurred at the Hakimpur Checkpost, has raised serious concerns about the safety and dignity of citizens living in border areas, especially those belonging to religious minorities.

Search This Blog