Reform Prisons
Reduce incarceration periods for undertrials who have not been convicted
The Law Commission is reported to have finalised recommen dations for reform in bail jurisprudence. Specifically , the commission is expected to recommend release of undertrials who have served one-third of their maximum possible sentence.This will be a welcome reform of India's dysfunctional criminal justice system which moves at a glacial pace, and the government should accept it. India's jails are overcrowded and a majority of prisoners are undertrials. Providing relief to them will not only be a humane move, it will reform today's counterproductive system where long periods of incarceration for alleged petty crimes give rise to hardened criminals.An undertrial is a prisoner in jail during an investigation, an unconvicted prisoner. At the end of 2015, Indian jails had 2.82 lakh undertrials.
Close to half of them are below the age of 30, often with limited education. A little over a decade ago, the criminal procedure code was amended to provide for their release on a personal bond if they had served half of their term. But this law is seldom followed.In 2014 the Supreme Court had to direct the criminal justice system to follow the law.
Therefore, on this occasion the government should not only accept the recommendation but also nudge different parts of the criminal justice system to comply . As states oversee prisons there is a lot they can do to ease the burden of a burgeoning undertrial population. For example, Tamil Nadu allows people arrested to be released on their bond till a charge-sheet is filed. Subsequently , the state's legal aid tries to help impoverished prisoners in for petty crimes.However, the last decade's experience shows that it is not enough just to change the law. The justice system must also follow suit.
Source: Times of India, 25-05-2017
Close to half of them are below the age of 30, often with limited education. A little over a decade ago, the criminal procedure code was amended to provide for their release on a personal bond if they had served half of their term. But this law is seldom followed.In 2014 the Supreme Court had to direct the criminal justice system to follow the law.
Therefore, on this occasion the government should not only accept the recommendation but also nudge different parts of the criminal justice system to comply . As states oversee prisons there is a lot they can do to ease the burden of a burgeoning undertrial population. For example, Tamil Nadu allows people arrested to be released on their bond till a charge-sheet is filed. Subsequently , the state's legal aid tries to help impoverished prisoners in for petty crimes.However, the last decade's experience shows that it is not enough just to change the law. The justice system must also follow suit.
Source: Times of India, 25-05-2017
