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The Law Minister is on a mission to bring smiles to 10 lakh families
Veerappa Moily, the current Cabinet Minister for Law, Justice and Company Affairs, feels he can bring smiles to 10 lakh families. He has set a target to release 2 lakh undertrials by the end of July, 2010. So, considering a family of five, 2 lakh undertrials cases will make a whopping 10 lakh Indians happy. He is determined to keep his deadline which he had set on January 26, 2010.
India has 1,276 jails that house 3.5 lakh prisoners, even though the capacity of these prisons is merely 2.5 lakh ' 70 per cent of the inmates are undertrials, and again, 70 per cent of the undertrials are booked for petty crimes. Thus, an overall figure of 1.7 lakh will be freed by the end of this year. The breakup of the above figure, according to National Crime Records Bureau, suggests 12.58 per cent are because of petty thefts, 11.52 per cent are charged with attempt to murder and 0.11 per cent is because of eve teasing. For this, our jurisprudence throws weight much more on investigating authorities and police rather than on the rights and rehabilitation of those who are undertrials! Apart from their degree of crimes, the more unfortunate fact is that one-third of the convicts are illiterate and not many of them are properly educated either! Moreover, the archaic laws that are causing undertrials to languish in prisons for years without proper trial, were created by British during their days of colonial rule as a tool for the detention of the natives. Such laws must be revised and reformed immediately, as it is totally outdated and counterproductive!
Moily is serious it seems, as he developed a comprehensive plan to implement his mission; and even wrote to ex-Chief Justice of India K.G. Balakrishnan and judges of the high courts to dispose off the cases through fast track courts. Uttar Pradesh took the lead by releasing over 52,843 undertrials and settling the cases of 4,203 more. Other states that have performed well include Andhra Pradesh (9,116), Delhi (8,701), Orissa (8,566), Maharashtra (7,252), Punjab (3,219), Gujarat (3,101), Haryana (2,169), Kerala (2,334) and Karnataka (1,081). West Bengal and Tamil Nadu are the pits, releasing 287 and 608 prisoners respectively.
In spite of success of the endeavour, which Moily described as 'a silent revolution in the judiciary... bringing out good results,' the question that still lingers is about the future when the jails will get overcrowded again because of delayed justice! The reason attributed to such fallacy is the lack of coordination among the parties involved viz. police, prosecuting authorities, and judiciary, as they move in isolation without being accountable to anyone. However, to overcome the hurdles of the justice delivery system, a new goal has been set by the Law Ministry ''The National Mission for delivery of Justice' ' which aims to reduce pendency within the next three years and to provide world class judicial infrastructure and technology to speed up trials. However, it has to be implemented properly to make people believe the claim. Until then, like always, bringing smiles to the 10 lakh Indians will remain a mere lip-service than reality.
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Veerappa Moily, the current Cabinet Minister for Law, Justice and Company Affairs, feels he can bring smiles to 10 lakh families. He has set a target to release 2 lakh undertrials by the end of July, 2010. So, considering a family of five, 2 lakh undertrials cases will make a whopping 10 lakh Indians happy. He is determined to keep his deadline which he had set on January 26, 2010.
India has 1,276 jails that house 3.5 lakh prisoners, even though the capacity of these prisons is merely 2.5 lakh ' 70 per cent of the inmates are undertrials, and again, 70 per cent of the undertrials are booked for petty crimes. Thus, an overall figure of 1.7 lakh will be freed by the end of this year. The breakup of the above figure, according to National Crime Records Bureau, suggests 12.58 per cent are because of petty thefts, 11.52 per cent are charged with attempt to murder and 0.11 per cent is because of eve teasing. For this, our jurisprudence throws weight much more on investigating authorities and police rather than on the rights and rehabilitation of those who are undertrials! Apart from their degree of crimes, the more unfortunate fact is that one-third of the convicts are illiterate and not many of them are properly educated either! Moreover, the archaic laws that are causing undertrials to languish in prisons for years without proper trial, were created by British during their days of colonial rule as a tool for the detention of the natives. Such laws must be revised and reformed immediately, as it is totally outdated and counterproductive!
Moily is serious it seems, as he developed a comprehensive plan to implement his mission; and even wrote to ex-Chief Justice of India K.G. Balakrishnan and judges of the high courts to dispose off the cases through fast track courts. Uttar Pradesh took the lead by releasing over 52,843 undertrials and settling the cases of 4,203 more. Other states that have performed well include Andhra Pradesh (9,116), Delhi (8,701), Orissa (8,566), Maharashtra (7,252), Punjab (3,219), Gujarat (3,101), Haryana (2,169), Kerala (2,334) and Karnataka (1,081). West Bengal and Tamil Nadu are the pits, releasing 287 and 608 prisoners respectively.
In spite of success of the endeavour, which Moily described as 'a silent revolution in the judiciary... bringing out good results,' the question that still lingers is about the future when the jails will get overcrowded again because of delayed justice! The reason attributed to such fallacy is the lack of coordination among the parties involved viz. police, prosecuting authorities, and judiciary, as they move in isolation without being accountable to anyone. However, to overcome the hurdles of the justice delivery system, a new goal has been set by the Law Ministry ''The National Mission for delivery of Justice' ' which aims to reduce pendency within the next three years and to provide world class judicial infrastructure and technology to speed up trials. However, it has to be implemented properly to make people believe the claim. Until then, like always, bringing smiles to the 10 lakh Indians will remain a mere lip-service than reality.
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