Context:- In india according to some reports, jail occupancy is 139% and more than 65% prisoners are undertrail. Due to COVID-19 spread the situation is becoming more grim and the supreme court took a stand and asked government to provide Bail or parole to those who are eligible for the specified period so that they can be saved.
Why this situation:-
- State and central government spend very less money on jail reforms.
- Pathetic situation of Jails as they been in continuation since colonial era.
- Colonial era’s laws are still in the force which are curative rather than reformative.
- Situation in judiciary is not good
- Number of judges is less.
- Investigating team is either not professional or has inadequate resources so they always buy time from the judiciary.
- Higher judiciary unnecessary intervention.
- Lack of court management system.
- Lack of proper infrastructure.
- Flaws in the criminal justice system as lightened by the malimath committee.
- Enforcement agencies don’t do their duty properly i.e. corruption in the police.
- Lack of judiciary and police accountability.
- Problems with the Bail system
Why we must protect the prisoner?
- They have the right to life according to the article 21.
- It is the state duty that it must provide life joying conditions to each and everyone.
- Jail is a reformative step so that a person again can be socialise.
- Reformation rather elimination.
What we must do.
- Follow the malimath committee recommendation.
- norms it had laid down in Arnesh Kumar vs State of Bihar (2014)
- Jail Manual 2016.
- Increase the judge and population ration.
- Revisit the colonial laws.
- Educate the people about their right and provide the legal aid as in the DPSP.