{"id":197546,"date":"2022-07-27T18:21:07","date_gmt":"2022-07-27T12:51:07","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=197546"},"modified":"2022-07-27T18:21:50","modified_gmt":"2022-07-27T12:51:50","slug":"to-jail-or-not-to-jail-isnt-such-a-difficult-decision","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/to-jail-or-not-to-jail-isnt-such-a-difficult-decision\/","title":{"rendered":"To jail or not to jail isn\u2019t such a difficult decision"},"content":{"rendered":"

Source<\/strong>: The post is based on the article \u201cTo jail or not to sail isn\u2019t such a difficult decision\u201d<\/strong> published in the Live Mint<\/strong> on 27th<\/sup> July 2022.<\/p>\n

Syllabus<\/strong>: GS 2 Important Provisions of the Constitution of India<\/p>\n

Relevance<\/strong>: Fundamental Rights: Right to personal liberty<\/p>\n

News: Recently, <\/strong>The Supreme court of India granted bail to a fact-checker. He was arrested for tweeting a still from a 1983 Hindi film. \u00a0<\/strong><\/p>\n

The fact-checker was trapped in a loop of multiple cases which were lodged against him in two states. Therefore, he was subjected to rounds of arrest, bail pleas, and dock hearings.<\/p>\n

What are the key takeaways from the Supreme Court\u2019s ruling in this regard?<\/strong><\/h5>\n

\u201cThe machinery of criminal justice was being relentlessly employed”<\/strong> against the accused. Thus, the process of criminal justice has itself become the punishment for the accused.<\/p>\n

An arrest is not meant to be and must not be used as a punitive tool because it results in the loss of personal liberty.<\/strong><\/p>\n

W<\/strong>hen the power to arrest is exercised by the law agencies without application of mind and without due regard to the<\/strong> law, it amounts to an abuse of power.<\/p>\n

Issues in the Indian Criminal Justice System<\/strong><\/h5>\n

(1) Mindless arrests<\/strong> and jails<\/strong> have become one of the features of criminal justice in the country.<\/p>\n

(2) Over 75% of Indian prisoners are under-trials, locked up for months and years in the prisons without their case coming to trial.<\/p>\n

(3) Further, two-thirds<\/strong> of those locked up as under-trials belong to marginalized castes<\/strong> and tribes.<\/strong><\/p>\n

(4) Many lack the means to access legal aid, take on the maze, or even put-up bail money.<\/p>\n

(5) Despite the top judiciary\u2019s vocal activism<\/strong>, the lower judiciary\u2019s rulings continue to violate the personal liberty of the citizen accused in cases.<\/p>\n

(6) In harsh anti-terror laws, the judiciary at all levels has appeared hesitant to grant bail.<\/p>\n

What are the suggestions for reforms by the judiciary?<\/strong><\/h5>\n

(1) Fair trials and respect for personal liberty should be the cornerstones of democracy.<\/strong><\/p>\n

(2) The Judges must pay heed to the first principles of criminal procedure when it comes to arrests, i.e., \u201cbail, not jail”.<\/strong> They must not be put behind bars for long stints if they pose no danger of influencing the probe, or escape.<\/p>\n

(3) A comprehensive law on bail<\/strong> which recognizes a right to bail must be framed. Such law should be modeled on similar legislation in the UK.<\/p>\n","protected":false},"excerpt":{"rendered":"

Source: The post is based on the article \u201cTo jail or not to sail isn\u2019t such a difficult decision\u201d published in the Live Mint on 27th July 2022. Syllabus: GS 2 Important Provisions of the Constitution of India Relevance: Fundamental Rights: Right to personal liberty News: Recently, The Supreme court of India granted bail to… Continue reading To jail or not to jail isn\u2019t such a difficult decision<\/span><\/a><\/p>\n","protected":false},"author":10308,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1230,9],"tags":[212,10501],"class_list":["post-197546","post","type-post","status-publish","format-standard","hentry","category-9-pm-daily-articles","category-public","tag-gs-paper-2","tag-live-mint","entry"],"jetpack_featured_media_url":"","views":{"total":0,"cached_at":1700783745,"cached_date":1704753848},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/197546","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10308"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=197546"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/197546\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=197546"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=197546"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=197546"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}