Everything is funny, as long as it is happening to some body else, said Will Rogers.
The situation of undertrials in India is not funny any more.
As per available reports, about two thirds of prisoners in India are undertrials – this is a sad commentary on our legal system. Many among these people are uneducated, have no means or access to legal aid, some are paying the price for opposing the State and what not — the reasons and period of jail duration differ from case to case.
The criminal justice system in India need drastic overhaul. There are millions of cases pending in courts and tribunals and the pendency seems to be only increasing. Delay in justice is no good for any stakeholder. In economic offences, the delay may even be compensated in terms of money, but in criminal cases, any delay in justice dispensation can ruin lives, families and what not.
Take the example of one State only, in Uttar Pradesh there are 1,561 undertrials languishing in jail for more than 10 years (out of these 727 for more than 14 years), their cases are not to be decided in the near future. The Allahabad High Court is busy entertaining appeals from the 1990s.
The stories of people being held innocent after the prime youth, an entire life has left them, families left broken, social stigma etc are not only a piece of fiction.
Tarikh pe Tarikh is not only a joke on our system, it is a crude reality. State is overburdened with so much to handle, facilitating justice takes a backseat. There is no wherewithal, no accountability.
As a result, many undertrials spend more time in jail than the stipulated term for their offence, if convicted. If on the other hand, if the case is decided in their favour, they could have spend this time without any reason in the first place – just because of an allegation.
Taking a serious note on the issue of these undertrials, the Supreme Court has ordered mass bail to undertrials who were first time offenders and have spent more than 10 years in jail already.
This may be a good ad hoc measure, a band-aid like solution. Will the Supreme Court have to intervene in every State now? Why don’t the legal system undergo a surgical strike (favourite terms of the current dispensation?) – some revolutionary upgrade of the criminal justice system is very much need of the hour.
Why aren’t there enough judges in all the courts?
Why do we have an adjournment culture?
Why don’t Police and investigative agencies work in tandem and on time?
Why can’t we use software and digitize our courts more expeditiously?
Such instances are a blot on India and faith in judicial system. The earlier we remove it, the better it would be.
