Draupadi Murmu Talks About Under-Trials in Jails
Indian President Draupadi Murmu talks about jail reforms and fundamental rights of the under-trial prisoners.
India has a population of around 140 Crore people belonging to different castes and creeds. In this huge population there are many marginalised communities and societies who are currently unaware of their basic rights, duties and responsibilities and are still living in the pre-civilisation era. While addressing a speech at the supreme court, India’s honourable president Draupadi Murmu talked about this as an issue. The President talked about her own experience as the Governor of Jharkhand in addressing the problems of the growing number of under-trial prisoners who are in jails. She also recalled her days as a political activist in Odisha, where she talked about looking forward to the possible ways to resolve the issue of an increasing number of under-trial prisoners in Indian jails. The President in her speech said that the Supreme Court has earned a reputation for its superior standards. However, in an ideal world, a prosperous and progressive society will no longer need to build new prisons. Instead, it should be closing down the old ones. However, Indian jails are becoming increasingly overcrowded, creating problems of hygiene, sanitation, management, and discipline.
President Draupadi Murmu’s recent call to the government and the judiciary to address the issue of overcrowding in prisons is actually a very emotional side of the story.
According to Prison Statistics India 2021, a report published by the Ministry of Home Affairs, between 2016 and 2021, the number of convicts in jails decreased by 9.5% whereas the number of under-trial prisoners increased by 45.8%. It clearly indicates a deeper problem with the country’s justice system. Unfortunately, a majority of under trials in jails for years are so poor that they cannot afford to seek bail. The unbearable living conditions in several prisons across the country often drive many under trials to commit suicide. In India, about 1,000 prisoners die in custody every year, with 90% of them being under-trials. Building more prisons is obviously not the solution. The Supreme Court recently asked the government to think ‘out of the box’ and consider a one time measure to release prisoners in certain cases on the occasion of the 75th year of Independence. Identifying those who cannot afford bail, even when available, is also crucial. Lawmakers too must urgently respond to this crisis because in most cases, the bail pleas are rejected. In fact, bail is a rule and jail is an exception. In a country where justice is often delayed, at least bail should be granted to the under trials who are in custody for small offences.
After the President's speech, the supreme court was quick enough to take prompt action. The Supreme Court directed prison authorities across the country to provide details of under-trial prisoners within 15 days to form a national scheme for their release. A bench by Justices Kaul and Abhay S Oka directed the jail authorities to submit the details of such prisoners to the respective state governments, which will forward the documents to the National Legal Services Authority. The bench said the jail authorities will have to submit such details as the names of under-trial prisoners, charges against them, date of the bail order, what bail conditions were not met and how much time they have spent in jail after the bail order. Hope the government and the judiciary is able to solve this problem and ensure people get justice quickly.
