6. Who are undertrials? What rights are denied to them? Have the measures undertaken to address their problems succeeded in their objectives? [10 marks, 200 words] An undertrial is a person who is accused of an offence and languishing in jail awaiting, his trial in a court of law. Undertrials are often subjected to undue delay in disposing of their cases in the courts, where sometimes they are imprisoned for more than what the law provides as maximum punishment, if they are found guilty. When he is confined to imprisonment, he virtually undergoes punishment without the charges having been proved against him. This amounts to violation of his right to fair and speedy trial, right to free legal aid, right to presumption of innocence, and rule of law. Measures The Government of India has undertaken few measures like establishing Fast Track Courts starting from 2000, plea bargaining, reducing the pendency of the cases by establishing evening courts etc. The Fast Track Courts have achieved a measure of success by disposing of over 32 lakh cases in over 11 years. But 32 million cases are still pending before the lower courts. The quality of justice delivered by Fast Track Court has also been criticized as justice hurried is justice buried. Supreme Court’s measures In September 2014, the Supreme Court directed that all undertrials who have served half of their likely maximum terms without completion of their trials shall be released on bail. The Supreme Court has also set a deadline of two months starting from October 1, 2014 for judicial officers to visit prisons under their jurisdiction and release undertrials on bail under section 436A of Cr.P.C. Section 436A prescribes release of prisoners by a court on a personal bond with or without surety if he has spent at least half of his likely maximum sentence.
Posted on: Wed, 15 Oct 2014 07:33:49 +0000
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