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Source: The post is based on an article “System Bails Out – Kappan finally free on bail but many aren’t, in contravention of juridical principles” published in The Times of India on 3rd February 2023.
Syllabus: GS 2 – Governance
News: The Kerala journalist Siddique Kappan has been freed from jail after 846 days. He was charged with Unlawful Activities (Prevention) Act (UAPA) and the Prevention of Money Laundering Act (PMLA).
This issue highlights the concerns of prisoners who are kept in jails for a long period.
What are the concerns with the Indian laws and prisoners?
SC in recent cases has recalled Justice Krishna Iyer’s 1977 guidance in which he called for “Bail not jail”.
However, many laws like the UAPA discourage bail and even the judiciary goes along with the pre-trial arrest and long hearing, instead of taking the responsibility of preserving the liberty of all citizens.
Furthermore, conviction rates are low in IPC crimes, e.g., 42.4% for murder, 28.6% for rape, and 21.9% for riots. It is the undertrial prisoners which constitute 80% of the country’s prisoners, crowding the jails.
Most victims do not have the legal, financial and emotional resources to fight for themselves and lead out of jail.
However, if courts take action properly, then even these resources wouldn’t be needed by the undertrials.
