Bharat’s criminal justice system is facing a profound crisis, with Supreme Court Justice Vikram Nath recently highlighting that over 70% of prisoners in Indian jails are undertrials—individuals who have not yet been proven guilty but remain incarcerated for years due to systemic failures and delays in the judicial process. This alarming statistic underscores the urgent need for reforms in legal aid, bail procedures, and the overall functioning of courts to ensure that innocent people are not unnecessarily imprisoned.
The Plight of Undertrial Prisoners
Justice Nath emphasized that most undertrials remain behind bars not because the law mandates it, but because of systemic failures such as lack of access to legal aid, procedural delays, and financial constraints. Many undertrials spend more time in prison than the maximum sentence for the alleged offence, and some are charged with bailable offences yet remain in custody simply because they cannot afford bail. The situation is exacerbated by the fact that only 7.91% of undertrial prisoners have actually been able to use free legal aid, despite the constitutional guarantee. This lack of effective legal representation disproportionately affects the poor, marginalized communities, women, and those with mental health concerns.
Bail Disparities: VIPs vs. Common People
A stark contrast exists in how bail is granted to VIPs (including celebrities and influential figures) versus common people. While VIPs often receive swift hearings and bail, even in serious cases, ordinary citizens languish in jail for months or years, sometimes for minor offences. The bail system is structured in a way that favors those with financial resources and social influence, while the poor and underprivileged are left to suffer due to inability to furnish bail or secure sureties. This creates a two-tiered justice system where the law is not equal for all, and the meaning of justice differs for the rich and powerful compared to the common man.
Delays in Judicial Process and Case Backlog
Bharat’s judiciary is plagued by a massive backlog of cases, with over 4.7 crore pending cases as of 2024, a significant proportion of which are criminal cases. Delays in trial proceedings mean that accused individuals often spend more time in jail than the maximum punishment for their alleged crime. The average disposal time for bail in some High Courts can be as long as 156 days, and even the best-performing courts take over three weeks for regular bail and more than a month for anticipatory bail. These delays not only extend unjust pretrial incarceration but also intensify court pendency and procedural bottlenecks.
Negligence of Hindu Issues by Courts
There is a growing perception that courts in Bharat often neglect issues specific to Hindus, especially in cases involving religious sentiments, property disputes, or cultural practices. While the Bharatiya legal system is secular in principle, the underdevelopment of tort law and the lack of effective remedies for civil wrongs have left many Hindus feeling that their grievances are not adequately addressed. The judiciary’s approach to Hindu issues is often seen as indifferent or biased with no legal protections to Hindu issues/concerns. This has led to a sense of alienation among Hindus, who feel that their concerns are not given the same weight as those of other communities.
Terrorists and High-Profile Cases
In contrast, cases involving terrorists or high-profile individuals often receive immediate attention and swift hearings. For instance, the Supreme Court has been known to send a “clear message” by refusing bail to terror accused, even in the face of prolonged detention. The Unlawful Activities (Prevention) Act (UAPA) allows for stringent measures against terrorists, and courts are often reluctant to grant bail in such cases, citing national security concerns. This creates a paradox where common people, especially those from marginalized communities, are denied bail for minor offences, while terrorists and high-profile individuals are granted swift hearings and, in some cases, bail.
Conclusion
The crisis in Bharat’s criminal justice system is multifaceted, with systemic failures, bail disparities, judicial delays, and perceived neglect of Hindu issues all contributing to the problem. Justice Vikram Nath’s recent remarks highlight the urgent need for reforms to ensure that the justice system is fair, efficient, and accessible to all, regardless of social or economic status. Addressing these issues requires not only legal and procedural reforms but also a commitment to upholding the constitutional promise of liberty and dignity for every citizen.
