Starting 26th January this year, government has launched a mission for the release, by the target date of July 31,of 1.25 lakh of 1.70 lakh undertrials languishing in jails,booked for petty offences and having served a major part of the prescribed sentence .Besides ending the traumatized conditions of the inmates and agony of their families ,it will go a long way in improving the conditions of jails currently overcrowded with 3.5 lakh prisoners against the total capacity of 2.5 lakh.The mission envisages offering undertrials option for ‘plan bargain’:admit guilt ,judge sentences to periods of imprisonment already served or in the alternative conduct trials on day-to-day basis inside prison premises or through video-conferencing.
The move is laudable in the context of high handed attitude of law enforcing personnel towards criminals and general apathy of prosecuting agencies and the judiciary to the fate of undertrials.This had the overall effect of rather segregating them from society and making it even impossible for them to return to society as normal individuals for rehabilitation.The aim of law to reform the criminals thus stood defeated.
Numerous cases on fake charges registered against innocent individuals ,some even at the instance of top cops,have prominently come to light recently.Ruchika case tells how her brother was statedly booked under false charges, her family almost ruined and she ended her life under humiliation.To guard against such cases ,it may be appropriate if the government set up a specific authority where individuals can take recourse to guard against the criminal-like inclinations of law enforcing officials.Government must ensure that people’s faith in law is not shaken.
Global perspectives lay added stress on modernity and enlightened society for the benefit of mankind.There is thus even a greater need to undertake a review of law to do away with provisions that may be unduly harsh, gender biased or may in any manner hinder the progress of society.Justice Delivery System may also be streamlined to ensure speedy justice and provide for easy bails to undertrials.Where prosecution tends to be unduly prolonged so that the inmates do not get traumatized inside jails and their families suffer outside due to lack of financial and emotional support.
Overcrowded jails and cumbersome prosecutions place heavy burden on government finances that are ultimately funded by the tax payers .These departments therefore are required to be manned more considerately .These efficiencies would further cut the backlog in courts thus ensuring a bit speedier disposal of cases.
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