Protecting prisoners(The Hindu, GS-2, Governance)

Protecting prisoners(The Hindu, GS-2, Governance)


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.

Download Daily Current Affairs of 13th May 2021

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