India's Inherently Biased Criminal Justice System Needs Radical Overhaul

Strategic Insights -

The country's judicial system has been persistently criticized for exhibiting a blatant bias against the underprivileged and violating prisoners' rights, prompting President Droupadi Murmu to appeal for liberalizing the bail system. A fitting example of this bias is the incarceration of Shankar Mishra, an upper-caste man who urinated on an elderly woman in an Air India flight, highlighting the disparity in the criminal justice system's treatment of the underprivileged.

Key Takeaways:

  • The data of prisoners in Indian jails shows a stark bias against the underprivileged, with SCs at 20.9%, STs at 11.24%, OBCs at 35.06%, Muslims at around 20%, and Christians at around 2.47%.
  • Upper castes in general do not display substantive criminal behavior, according to available data.
  • President Murmu emphasized that if India is moving towards progress as a society, it should be closing down existing jails instead of building new ones.
  • The president also highlighted the reason behind the high number of undertrials from disadvantaged sections: their families cannot afford the cost of bail bonds or litigation.
  • According to the Prison Statistics of India 2021, over 77% of jail inmates are undertrials, and this number has increased by 15% from 3.72 lakh in 2020 to 4.27 lakh in 2021.
  • 25% of undertrial prisoners in Indian jails are illiterate, and in the absence of data on the economic standing of prisoners, education level and social backgrounds can be used for measuring the degree of backwardness and vulnerability.
  • The Supreme Court has outlined three broad principles regarding imprisonment and custody: a person in prison does not become a non-person, a person in prison is entitled to all human rights within the limitations of imprisonment, and there should be no justification for aggravating the suffering already inherent in the process of incarceration.
  • Section 436A of the CrPC stipulates that a person having undergone detention for half as much time as the maximum period of imprisonment for the alleged offence, except where the punishment of death hasn't been specified as one of the punishments, is entitled to be released on bail with or without sureties.
  • India is one of the few countries to have instituted a blanket ban on the voting rights of prisoners, which includes incarcerated prisoners and undertrials, and this lacks reasonable classification based on the nature of the crime or duration of the sentence.
  • The number of custodial deaths has registered a 12% increase from 1,887 in 2020 to 2,116 in 2021.
  • Instances of manual scavenging inside prisons have also been reported in the media, and they are still governed by the colonial Prisons Act, 1894.

Statistics:

  • 20.9% of prisoners in Indian jails are from Scheduled Castes (SCs).
  • 11.24% of prisoners in Indian jails are from Scheduled Tribes (STs).
  • 35.06% of prisoners in Indian jails are from Other Backward Classes (OBCs).
  • Around 20% of prisoners in Indian jails are Muslims.
  • Around 2.47% of prisoners in Indian jails are Christians.
  • Over 77% of jail inmates in India are undertrials.
  • The number of undertrials in Indian jails increased by 15% from 3.72 lakh in 2020 to 4.27 lakh in 2021.
  • 25% of undertrial prisoners in Indian jails are illiterate.
  • 3,497 is the sanctioned strength of medical staff in Indian prisons, but only 2,080 are actually present.
  • 1,887 was the number of custodial deaths in 2020, which increased to 2,116 in 2021, a 12% increase.

Sources:

  • [Article by John Brittas in The Indian Express Online, 2023]
  • [Data from the Prison Statistics of India 2021 report of the National Crime Records Bureau]
  • [Supreme Court judgement in Satender Kumar Antil Vs. CBI, 2022]
  • [268th Report of the Law Commission of India]
  • [Representation of People Act, 1951]