Improving criminal justice

District judges, despite the powers given by the law, are relatively powerless in the judicial hierarchy. The Chief Justice of India has rightly spoken of the need for bringing a feeling of dignity, confidence and self-worth to the district judiciary. Some blame goes to the judiciary’s hierarchical nature, too. The district judges are treated as subordinates as they function under the fear of high court judges, who act as their administrative seniors. Unlike high court and Supreme Court judges, district judges are not protected by the Constitution. To make it worse, many laws discourage bail. No surprises then that many lower court judges prefer to play safe in bail pleas and cases of custody remands. Conviction rates are just 42% for murder, 28% for rape, and 29% for economic offences. Denying bail amid such poor figures is injustice. But as the apex court observed, low conviction rates have increased undertrial imprisonment, reversing the rule of innocent until proven guilty. More judges are needed but if the present ones follow the bail rule properly, the criminal justice system can be improved.

Sanjay Chopra

Mohali