LIFE OF INDIGNITY

Disparities between privileged undertrials who have the wherewithal to get bails and poor and vulnerable sections of society is shocking. According to the National Crime Records Bureau, about 75 per cent (3.7 lakh of overall 4.8 lakh prison inmates) in the country were undertrials, of which 68 per cent were either illiterate or school dropouts. Delhi and Jammu & Kashmir at 91 per cent had the highest ratio of undertrials in jails, followed by Punjab at 85 per cent. They continue to languish in jail for longer periods. What is more baffling is the increasing instances of custodial deaths, as data indicates that 998 people died in custody between 2011 and 2020? Custodial violence stems from the unbridled power at the hands of the police. Stalling CCTVS in police stations, as mandated by a recent SC judgement, has the potential to record violence and prevent it from being perpetrated. Huge number of undertrials in jails in the absence of a fool proof mechanism to bring guilty to book is a blot on the justice delivery system. It has been seen several times that many undertrials receive punishment from the courts for the crime that would not be committed in reality. Moreover, PM Modi’s recent appeal to address their problems of overcrowding, unhealthy living conditions, mental illness, social stigma etc. highlights the urgent need to establish special courts for those involved in petty offences. Undertrials also have a right to live a dignified and healthy life.

— VIJAY SINGH ADHIKARI, NAINITAL via email