Let law be equal for both rich and poor
That bail is the norm and jail the exception is a principle that is applicable to the affluent, the powerful
and the influential. It has become the norm for the rich and powerful to get
bail with ease, while others languish in prison. Bail practices must be “fair
and evidence-based”. Poor prisoners are unable to afford bail bonds or provide
sureties. The Law Commission’s
report recommending a set of significant changes to the law on bail deserves
urgent attention.
The Commission seeks to grant
relief to thousands of prisoners languishing without trial and to decongest
India’s overcrowded prisons. In
general terms, the Commission cautions the police against needless arrests and
magistrates against mechanical remand orders.
But bail law reform is not the panacea for all problems of the criminal
justice system. The solution
lies in expediting the trial process. The bail law reform does need urgent
attention. There should not be delay in such reformation because, in our
judicial system, delay is the primary source of injustice. There should not be
partiality with rich and poor in the condition of justice. Although it’s not
the entire solution to our wretched justice delivery system, nevertheless it
would be good start to plug or fill the hole in our system.
Judiciary always arbitrarily used the power for granting bail. Attitude
of judges sometimes leads to miscarriage of justice. Justice delayed is justice
denied, this proverb should be
taken seriously. Law should be equal in granting bail, irrespective of rich and
poor. As poor are unable to pay bonds, they remain languishing in jail for
longer duration, whereas as rich and influential person for same crime and even
worse gets bails easily and even delays the date/extension of date according to
their will and till the tampering of investigation is completed.
First of all, if the representatives of the people are honest, the crime
graph would come down. Legal system in India needs a thorough overhaul,
especially the laws relating to bail. The wealthy and politically influential
are taking advantage while the poorest sections are unable to come out of the
cobweb of legality and procedures relating to bail Great need is felt to make
suitable amendments in Criminal Procedures Code with specific reference to ease
bails to accused who are facing lot of time in the jails till final disposal of
cases. This may not only be helpful to reduce the flooding of jails and government
expenditures incurred on them but also help accused to earn livelihood for
their family. Further, corruption and high fee being charged by advocates will
also be diminished. This may also help police officials and reduce the expenditures
for transportation of accused from jails to courts and back to destination.
Further, efforts should also be made to bring Anti-Torture Act for betterment
of criminal-judicial-system in the Country. Recommendations remain as
recommendations for ever only to be taken credit of by political parties on
stage. Why should innocents and petty offenders be kept under incarceration for
a period of half the sentence or more when the same yardstick is not applied to
rich and powerful? All are equal before law. Isn't it a blot on the Justice
System of India if bail is the norm and jail is the exception to the affluent,
the powerful, the influential and above all the corrupt or criminal Politicians
while thousands of prisoners languish in jails without trial?
Another solution is expediting the trial process but not the alternatives
recommended by the Law Commission. Trial or bail should be the overarching
principle and nothing else be it a pauper or a politician.
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