Unable to make bail, thousands languish in jail
Innocent until proven guilty — this is possibly the most sacred principle of jurisprudence that is universally accepted and should be the cornerstone of every criminal justice system around the world. On paper, this is the case in India as well, where only those who have been convicted by a court of law are punished for their crimes. In reality, however, the situation is different, with the overwhelming majority of inmates in Indian prisons yet to be convicted of any crime. These persons are still being tried in a court of law but, in many cases, they have already spent so many years in jail that a whole prison term or more has been served.
This past week, The Pioneer highlighted the stories of Vinod Chaudhry and Jai Ram Saber, two such under-trials from Uttar Pradesh who needlessly spent several years behind bars because they were too poor to pay their bail money and walk out. The former is still incarcerated, 12 years after the court ordered that he could leave on bail, simply because his family hasn't able to put together the Rs24,000 surety amount. The latter would have been in the same position as well, had he not got lucky — while in prison, he made the acquaintance of a powerful politician who eventually paid for his bail money and today he is living the life of a free man. Now compare this to the fate of filmstar Salman Khan who did not spend a minute in jail even after being convicted of a grievous crime like culpable homicide for he had the financial means to make bail.
This is not to hold a grudge against the actor — he is well within his rights to use every rule in the book to secure maximum relief for himself. The problem arises when those who are being tried for the same kind of crimes (remember, this also includes those who will eventually be found innocent) but do not have the same kind of money or influence, rot away for years, while the likes of Khan live regular lives. This is not just unjust but unconscionable in a civilised society were all individuals are to be treated equally under the law. And as if that wasn't enough, the inability of many under-trials to get out means that there is enormous pressure on the prison system as a whole. Most jails across the country are over-crowded, which makes them even more susceptible to violence, crime, disease and abuse.
In recent years, there have been some efforts to improve the situation with both the Supreme Court and the Government intervening at different times to ensure that at least all under-trial prisoners who had served over half the sentence their offence would have attracted, but were sitting in jail for not being able to pay their bail bond, were mandatorily released as prescribed in Section 436A of CrPC. However, the response has been slow, prompting the apex court to slam certain States like Uttar Pradesh, Rajasthan, Punjab, Jharkhand and Bihar for being especially lackadaisical in their approach. Earlier this month, the Central Information Commission also jumped into fray, asking the Union Home Ministry to urge all jail authorities to list under-trial eligible for released under Section 436A. While these efforts are welcome, they are stop-gap measures at best. India's under-trial problem will only be solved when its judicial system is made more efficient, so that cases are heard and disposed easily.