Supreme Court Acknowledges Bail System Inefficacy

Context:

The Supreme Court of India, in the case of Satender Kumar Antil vs Central Bureau Of Investigation (2022), has brought attention to the inefficiency of India’s bail system. This acknowledgment underscores the urgent requirement for reforming bail laws to tackle systemic challenges within the criminal justice system and alleviate the crisis of undertrial incarceration.

Relevance:

GS II: Polity and Governance

Dimensions of the Article:

1. Concerns Regarding India’s Bail System
2. Fair Trial Programme (FTP)
3. Way Forward for Bail System Reform

Concerns Regarding India’s Bail System:

High Undertrial Population:

• Over 75% of India’s prison population consists of undertrials, revealing a significant issue with the bail system.

Undertrial Definition:

• Undertrial prisoners are accused individuals awaiting trial who haven’t been convicted, leading to judicial custody during court proceedings.

Overcrowding in Prisons:

• Indian prisons exhibit an overcrowding rate of 118%, highlighting systemic problems within the criminal justice system.

Discretionary Bail Adjudication:

• Bail decisions heavily rely on court discretion, guided by Supreme Court guidelines emphasizing the need for bail but allowing denial based on factors like the gravity of the offence and the risk of absconding.

Inconsistent Court Practices:

• Courts often deviate from guidelines, leaning towards bail denial or imposing strict conditions without providing clear reasons for their decisions.

Disproportionate Impact on Marginalized:

• Marginalized individuals face disproportionate consequences, either facing bail denial or stringent conditions, due to broad exceptions in the system.

Challenges in Meeting Bail Conditions:

• Many undertrials remain in prison even after receiving bail due to difficulties in meeting conditions, including financial constraints, lack of local sureties, and navigating the court system.

Inadequate Addressal of Challenges:

• Existing bail laws fail to adequately address challenges, as demonstrated by data from the Fair Trial Programme (FTP) revealing continued imprisonment in 14% of cases and delays in meeting conditions in almost 35% of cases.

Lack of Safeguards Against Arbitrary Arrest:

• While the Supreme Court emphasizes safeguards against arbitrary arrest, these safeguards often exclude individuals from disadvantaged backgrounds, contributing to the high number of undertrials.

Exclusion from Arrest Protections:

• Data from the FTP underscores the unjustifiable exclusion of a significant portion of undertrials, such as migrants, asset-less individuals, those without family contact, and those with a history of previous incarceration.

Assumptions in Current Bail System:

• The current bail system assumes that all arrested individuals can afford bail or have influential social connections, contradicting the principle of “bail not jail.”

Need for Evidence-Based Reforms:

• Reforms in the bail system are necessary, but they should be based on empirical evidence to understand the root problems and implement effective changes.

Fair Trial Programme (FTP):

• The Fair Trial Programme (FTP) is a criminal justice initiative situated at the National Law University in Delhi.
• The primary goal of the FTP is to ensure fair trials for undertrial prisoners within the Indian criminal justice system.
• The FTP undertakes the training and mentorship of young professionals, including lawyers and social workers.
• These trained professionals collaborate with the State Legal Services Authority, working together to enhance the fairness of legal proceedings for undertrial prisoners.
• The initiative places a specific emphasis on promoting fair trials, addressing systemic issues, and ensuring that legal processes adhere to principles of justice and human rights.
• Through training and mentorship programs, the FTP aims to build the capacity of young professionals, empowering them to contribute effectively to the improvement of the criminal justice system.
• The collaboration with the State Legal Services Authority likely involves providing legal assistance, representation, and support to undertrial prisoners who may face challenges in navigating the legal system.
• By focusing on fair trials and involving young professionals in the legal and social work domains, the FTP plays a crucial role in contributing to broader criminal justice reform in India.

Way Forward for Bail System Reform:

• Bail Law Revision:
  • Revise bail laws to ensure fairness and equity, irrespective of socio-economic status, addressing systemic issues contributing to the high undertrial population.
• Special Bail Legislation:
  • Consider the enactment of special bail legislation similar to the Bail Act of the UK.
  • Establish a general right to bail and define clear criteria for bail decisions to reduce reliance on monetary bonds and sureties.
• Legal Aid for Compliance:
  • Provide legal aid and support to undertrial prisoners to facilitate bail compliance and court appearances.
• Safeguards Against Arbitrary Arrest:
  • Ensure safeguards against arbitrary arrest are inclusive and accessible to individuals from disadvantaged backgrounds.
• Support Programs for Bail Conditions:
  • Establish support programs to assist undertrials in meeting bail conditions.
  • Provide access to legal aid, financial assistance, and social support services to overcome challenges.
• Collaboration Among Stakeholders:
  • Foster collaboration among government agencies, legal institutions, civil society organizations, and community groups.
  • Develop holistic approaches to bail reform that address multi-faceted challenges.
• Ongoing Monitoring and Evaluation:
  • Establish mechanisms for continuous monitoring and evaluation of bail reform initiatives.
  • Assess effectiveness, identify areas for improvement, and adapt strategies based on empirical evidence.

-Source: The Hindu