The Law Commission has finalized recommendations for reform in bail jurisprudence. Stress is being laid on release of under-trials who have served one third of the maximum possible sentence. The Indian criminal justice system is urgently in need of reform. The government should wake up to the urgency of bringing it about. Jails in India are packed to capacity especially with under-trial prisoners. Relief to them is only part of the quality of humane conduct. Also, imprisonment for a long period of those accused of petty crimes very often turn them into hardened criminals. An under-trial is by definition an unconvicted prisoner. At the end of 2015, Indian jails had 2.82 lakh under-trials. Many of them were under the age of 30 and had hardly any education. The treatment dealt to them could hardly improve their social sense. A little over a decade ago, these under-trials could be released on a personal bond if they served half of the term to which they may have been sentenced if found guilty. But the law was seldom observed. In 2014, however, the Supreme Court had directed its enforcement.
On this occasion, the government and the Centre and in the states should promptly accept the recommendations expected to be made by the Law Commission. Different parts of the criminal system in different parts of the country should be made to comply with the recommendations. The states can help as they oversee prisons. Tamil Nadu is an exception where people arrested can be released till a charge-sheet is filed against them. The state’s legal aid helps under-trial prisoners accused of petty crimes. Of course, changing the law is not enough. The system of justice needs overhauling.
