19/12/08

security without justice?

The large number of undertrials — that is, persons yet to be convicted — lodged in Indian prisons has always made it difficult to look straight at the constitutional promises of justice. The latest official figures put that number at 2.23 lakh. Out of a total number of 3.22 prison inmates, that make seven out of every 10 an undertrial. First, then, there is the absurdity — an absurdity underlined with such tragic consequences — of persons charged with petty crime, but in the absence of trial or surety having to remain behind bars for years on end. Second, there is the comment this yields on the carriage of justice in India.
from a news report in the indian express. there are undertrials who have stayed in jails, across the country, longer than convicts sentenced to life imprisonment. does india have a sense of justice? the news report says:
In 1929, Jatin Das’s fatal 63-day fast in a Lahore jail to demand better living conditions for undertrials became an abiding indictment of the colonial justice system. The continued presence of men and women in jails for want of a conclusive trial is, similarly, a blot that discredits democratic India in more ways than one.
in reality, democratic india has been more unjust than india under the british- the undertrials to convicts ratio was 1:2 during british rule, now it's 2:1. can you have security without justice?

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