PROBLEM ASSOCIATED WITH THE UNDERTRIAL

Source– The post is based on the article “Listening to The President Droupadi Murmu:To fix the Under trial problem, ensure four reforms” published in The Indian Express on 12th December 2022.

Syllabus: GS2- Judiciary

Relevance– Criminal justice system

News– The article explains The under trial of prisoner’s issue was raised by Hon’ble President of India.

Who are under trial prisoners?

Under trial prisoners are those people who are facing trial in any court and during such trials are kept in judicial custody in prison.

In simple terms an under trial prisoner is one who has been arrested for some crime who is waiting to appear before The Magistrate.

What is the problem faced by under trials in India?

1. There is no separate prison for undertrials, so with hardened criminals and in the absence of any scientific classification methods of separating them from others, there is a chance of first time and circumstantial offenders to turn into criminals.
2. Prisons are often a dangerous place for the first-time offenders who are subjected to group violence and mishandling by the police.
3. Due to overcrowding in the prison and shortage of adequate space to lodge prisoners, most of the prisons face problems to keep them in safe and healthy conditions.

What are the Reforms suggested by The President of India?

1. Most of the old and colonial penal statutes continue to rule the roost. Post Colonial laws such as Section 124, Section 186 (obstructing public servant in discharge of his public function), Section 188 (disobedience to an order lawfully promulgated by a public servant) are examples.
2. These are designed mainly to control and repress behaviours that are an outcome of social and economic tensions. It May be better addressed through non-punitive measures.
3. The extensive powers to arrest are yet another offshoot of a colonial procedural scheme. It is often adopted today as a sine qua non of good governance. It should be avoided.
4. The arrestee’s right to bail is a safety valve that ensures the arrested person a hearing before a judicial agency. But the prevailing criminal justice system is more mythical than real. There is reluctance on parts of courts to provide speedy bail.
5. The long pending cases in the courts of the country need to be disposed off quickly.
6. The need is for a holistic legislative reform that aims to expand the horizons of individual liberties.