Editorial: Time for prison reform

President Draupadi Murmu’s recent call on the government and judiciary to tackle prison overcrowding is a welcome intervention

In an ideal world, a prosperous and progressive society would never need to build new prisons. Instead, it should close the old one. However, Indian prisons are becoming increasingly overcrowded and there are problems with sanitation, sanitation, management and discipline. Overcrowded conditions in prisons are not conducive to the enjoyment of the rights of prisoners to health and dignity. President Draupadi Murmu’s recent call on the government and judiciary to tackle prison overcrowding is a welcome intervention. This needs to be carefully considered as part of a wider idea of ​​prison reform. According to a report “Indian Prison Statistics 2021” released by the Indian Ministry of Home Affairs, between 2016 and 2021, the number of criminals in prisons decreased by 9.5%, while the number of prisoners on trial increased by 45.8%. It’s a clear indication of deeper problems with the country’s justice system. With three-quarters of prisoners on trial, the problem of prison overcrowding essentially boils down to how people on trial are treated. As of December 31, 2021, approximately 80% of inmates have been incarcerated for up to a year. The report states that of those released without trial in 2021, 95% were granted bail by the court, while only 1.6% were acquitted by the court. Unfortunately, most of the untried who have languished in prison for years are too poor to seek bail. Subhuman conditions in multiple prisons across the country often lead many untried individuals to suicide. About 1,000 prisoners die each year in custody, 90 percent of whom are still on trial.

Building more prisons is clearly not the solution. The Supreme Court recently asked the government to “break the mold” by considering a one-off measure to release prisoners in some cases on the 75th anniversary of independence. The key solution lies in addressing the root of the problem, which is the indiscriminate arrest of individuals. It is also important to identify those who, if any, cannot afford to pay bail. Lawmakers, too, must urgently respond to the crisis. The extremely low conviction rate in criminal cases appears to be putting pressure on magistrates when processing bail applications, which are rejected in most cases. It must be noted, however, that bail is a fundamental aspect of any criminal justice system and that its practice is motivated by the need to safeguard fundamental liberties. In fact, bail is the rule and imprisonment the exception. The Supreme Court rightly stated that a culture of too many arrests, especially for unrecognizable offenses, is unwarranted and emphasized that arrest should not be mandatory even for identifiable offenses. In a country where excessive delays in the judicial system force those on trial to suffer years in prison, the urgency of reform cannot be overemphasized.