EDITORIAL
Better
by far!
It looks wrong but
India is seen, perceived and appreciated better
with a sea or two in between the Indians and
India. Back in the country, Indians are critical
of everything from her traditions to the films
produced here. Indians - connoisseurs and the
critics - would any day opt for a phoren film
than waste time on the 'Indian films' while the
rest of the Indian mass falls for the films and
themes that are most un-Indian-crass action and
elfin psycho dramas. Hum Aapke Hain Koun, one
of the few family films which had a record run on
the home front-probably, because it came after a
spate of stale action dramas-was roundly
dismissed by these critics as an wedding
cassette. But the actual 'wedding cassette',
Monsoon Wedding would not be derided because it
had been acclaimed by the foreign critics
themselves. So it is with traditions. The
intellectual clique has long dismissed it as
backward. Indians try not to live up to them for
the 'orthodoxy' and 'superstition' these
traditions are supposed to carry and connote. The
urban India, which is now a quarter of the total
Indian population, is a living example of this
'rejection'.
This urban India
also is anxious to be modern, ultramodern if
possible, in manners, ways and outlook. They are
usually the ones who land on the overseas shores
most in pursuit of their instincts of modernist
prosperity. And once there, the love affair with
India begins. Indian films are the things they
come to love and long for. Indian traditions and
ways-those orthodox and superstitious things-are
what they revere most. And, Indians are brothers
and sisters, irrespective of the colour, creed
and region even the 'national' denominations.
Though some tried to promote the designation of
'South Asian' to escape being called Indians they
have had little success. One full article in
Jinnah-founded Dawn the other week, explained why
the 'Indian' is inescapable, inevitable and,
probably, a better designation. And, Indians
there are brethren true. So strong is this love
borne of distance, that one could posit that
India would be freed of all her fractures and
fissures if the Indians could be transported out
to the six continents of the world. It would then
be the most integrated country and a
better-loved, better-valued, better-appreciated
motherland! Then Gandhi would become a God, the
land a reverence and the life that is being lived
here with 'an imprecation for every second' would
be the charming dream of every Indian. As it is
with all NRI's today.
Of course, a
proper appreciation of a thing, including the
nation and language comes only after it has been
'lost'. Then there is the fact of too much of a
thing, making one an ungrateful quibbling thing.
Sa'adi tells of a slave who accompanying his
master on a boat ride would not realize the
comfort and security of the craft, until he was
thrown out into the sea; when next he sat on the
wobbling floor he was exceedingly quiet and
comforted. Most of us are bestowed with too much
of India, too much of her enduring mores and fine
traditions that we feign value them; when they
are lost, the recognition dawns, often
forcefully. Probably, the constraint of
circumstances, poverty and want, also make for
much of the strife and ungratefulness. The
prosperity takes these irritating barbs away,
leaving the shiny kernel, which you cannot but
love and revere. Unfortunately by that time, much
has already been lost. Lucky is the Indian
Diaspore that has a vast nation to look back to.
But there would the Indian mass go, if this fine
land, with its traditions, values and ways is
lost forever!
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Communal
riots : causes must go
By H L Kapoor
Cmmunal
disturbances and their ugly
manifestations pose a seri-ous threat to
our secular polity and national unity.
The monster of communalism cuts at the
very roots of secularism and democracy.
As a result of communal hatred a large
number of persons are affected and riots
erupt as and when trouble makers get a
chance. They would exploit even the most
innocuous looking incident for vested
interests at the cost of precious human
lives being lost. Most often these
interests are political, religious or
both. Gujarat is the latest example of
the social explosion caused by sectorial
hatred.
It is
essential to know the reasons behind
communal disturbances which these vested
interests try to sweep under the carpet.
To check communal disturbances, the
police ought to know the reasons, which
cause them. Factors responsible for
communal riots/disturbances may inter
alia include disputes between landlords
and tenants involving different
communities, eve-teasing, objectionable
speeches, writings, dispute over places
of worship, their desecration, clashing
of the time of prayers by different
communities, sexual offences, attacks on
religious processions, kidnapping and
abduction involving members of different
communities, ordinary quarrels etc.
An
ordinary dispute between the landlord and
the tenant belonging to different
communities may cause a communal
flare-up, as the incident, though
innocuous looking, is sometimes exploited
by vested interests. Police officers,
irrespective of the rank, should take
such disputes seriously and try to nip
the trouble in the bud. Wherever
necessary, security measures should be
initiated and the magistrate asked to
take punitive action with heavy sureties.
Timely action initiated would avert a
serious situation. Needless to mention,
politicians and other vested interests
lose no time in capitalising such
situations in order to gain cheap
popularity and support.
Eve-teasing
is another factor, which may escalate
communal tension. Anyone indulging in
unseemly behaviour or trying to outrage
the modesty of a girl belonging to
another community is likely to be
assaulted by people from her side and
vice versa. In localities with a mixed
population, this is bound to happen. The
street Romeos responsible for causing
trouble must be taken to task, for these
minor incidents are potentially
dangerous. It would be advisable for the
police (apart from taking action under
law) to summon the elders from both
communities and the concerned families
and make them understand the serious
implications of such acts and blowing
them out of proportion. They should be
asked and be morally bound to keep the
youngsters under control.
Often
objectionable speeches are made by
leaders of communal parties. These
speeces do arouse the communal passions
of the respective communities. After
scrutiny, legal action should be taken
wherever necessary. Even otherwise, if a
leader of a particular community
provokes, abets or spreads hatred, where
prima facie an offence has been
committed, a case may be registered and
investigated.
Communal
riots usually occur in places where
neither of the communities has a
preponderance in number. The population
of Hindus and Muslims in a few cities,
which have witnessed serious communal
riots, is as under:
Hindus
Muslims
1. Meerut
55.4% 40.9%
2.
Hyderabad 37.5% 59.3%
3.
Bhiwandi 41.2% 52.4%
4.
Moradabad 51.2% 47.4%
5. Nalanda
61% 38.7%
6. Aligarh
63.7% 34.4%
7. Kalyan
73.1% 17.9%
It would
be seen that population in the above
towns except Kalyan is more or less
evenly divided.
Often the
writings in periodicals/dailies hurt the
feelings of one community or the other.
Whereas factual reporting with
suggestions to prevent riots or restore
normalcy would be welcome, the
authorities must take immediate action on
provocative writings. If suspected to be
the main cause of communal flare-up, such
articles may be thoroughly examined and
immediate legal action taken, including
the arrest of the editor/writer
concerned. Legal cells in sensitive
districts can be set up to examine
carefully all objectionable writings and
pamphlets put into circulation against
any community. Penal action may be taken
after an investigation to bring the
culprits to book.
Dispute
over places of worship are very common.
Such matters may be dealt with on the
basis of land/property records or
historical evidence and traditional
belief. In case it is not possible to
sort out the matter through
talks/deliberations etc, the best course
is to refer the matter to the judiciary
whose verdict should be final and
binding.
Serious
matters must be brought to the notice of
high-ups through the normal chain of
command and they may be kept fully
informed about day-to-day developments,
which are likely to mount tension.
Special care needs to be taken and
elaborate arrangements made during
religious processions/functions - may it
be a Dushehra or Moharram procession or
Guruparv: police and volunteers must
watch out for mischief mongers whose
mindless action could cause a large-scale
conflagration. Both roof and route
arrangements as also traffic regulations
may be made for smooth flow of
processions.
Further,
there should be a complete rapport
between the top-ranking officers and
those down the line. Riots in 1979 in
Aligarh occurred due to lack of rapport
between the Senior Superintendent of
Police and his officers. Though the
officer himself was described as upright
and efficient, the communication gap
proved disastrous.
The
Police/District Magistrate must take
prompt, preventive steps, including
promulgation of prohibitory orders,
should a situation warrant. If despite
the precautions taken, communal
disturbances occur, sterm and decisive
action must be taken. Restoration of law
and order is of paramount importance. In
quelling a riot, the role of the police
is an important factor. The force by its
performance must be impartial and honest.
Instances are not lacking where the
police were accused of adopting a
partisan attitude.
Excesses
are bound to be committed by the lower
staff in such cases. These need to be
brought under check at all costs by the
officers commanding such forces.
Investigations into such charges and
legal action against the erring officials
can go a long way in setting a right
example. The force used to quell a riot
should not be excessive and firing should
be resorted to according to the needs of
the situation.
Proper
education is necessary to understand each
other. Lack of education among the
fundamentalists has been a major factor
in escalating tensions. Educative
programmes on television may be shown.
Secular-minded intellectuals and liberal
religious leaders should be invited to
speak at meetings and seminars on
communal harmony.
The
community with higher numerical strength
in the affected area has a moral
responsibility to ensure that they do not
precipitate a situation and provoke the
members of the other community, which is
in minority. Tolerance and non-violence
are the basic tenets of all religions.
Religious tolerance is a must for
communal amity.- CNF
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TALES
OF TRAVESTY
Who will form next Govt?
By Dr. Jitendra
Singh
By the
time this column appears again next week,
the new State Legislative Assembly of
Jammu and Kashmir would have come into
existence. In about just another three
days, the results of the State's first
ever hi-tech electronic election will be
out and with this will begin the
inevitable politicking, bargaining and,
if required, horse-trading preceding the
formation of the new Government.
While the
leadership of various contending
political parties --- whether it be
National Conference, Congress, BJP or PDP
--- may be prepared to set aside their
proclaimed manifestoes and public
promises to strike alliances and
alignments that strengthen their pursuit
of power, it is up to the masses to
remain vigilant about the leaders who
betray their mandate to seize power.
If the
National Conference (NC) falls short of
gaining a clear majority but emerges as
the single largest party, the Governor
will still be bound to invite it and give
it the first chance to form a Government.
But, remember, the National Conference
President Omar Abdullah has time and
again gone on record to state that
National Conference will form a
Government only if it secures an absolute
majority on its own. Omar Abdullah has
publicly pledged to provide a
dispensation which would be different as
also much more committed, honest,
corruption-free, progressive and
accessible compared to the earlier NC
regime which was incidentlally headed by
his father. Similar pledge was also made
by Dr Farooq Abdullah when he bequeathed
the throne from his father Sheikh Mohd
Abdullah --- but that is besides the
point. For the time being, it will be
interesting to watch whether Omar
actually chooses to sit in the Opposition
if his party emerges as the single
largest party but falls short of an
absolute majority. This indeed will be
the first major test of young Omar's
potential to keep his word in public
life.
In case
Omar Abdullah also seeks to become a
Chief Minister by engineering a couple of
defections from other parties, or by
doling out cabinet berths or business
permits or meaty favours to Independent
or non-NC MLAs, it would mark a sad
beginning to the maiden term of young CM
who otherwise held lot of expectations
for his people.
Equally
interesting would be to watch the conduct
of the Congress party after the new
Assembly comes into being. Mr Ghulam Nabi
Azad is on record having said that the
Congress will not associate itself either
with the National Conference or with the
BJP in a bid to form the Government. Now,
keeping in mind the past record of the
Congress which had at one time allied
itself with the Muslim League in Kerala
and the Shiv Sena in Maharashtra, it
would indeed be a remarkable departure
from the Congress party's trade-mark
politics of expediency if Mr Azad
actually manages to pursuade his flock of
MLAs to sit in the Opposition rather than
violate the promise of not allying with
the NC or the BJP.
The BJP
itself may not succeed in showing up much
strength in the new Assembly but its
future antics will be watched with
interest considering its past hobnobbing
with the NC on the one hand and the Jammu
State Morcha on the other hand. The
Mufti's PDP and the Lone's Independent
candidates, if elected in respectable
number, may end up holding the trump
card.
On the
whole, what is importnat to understand is
that it is going to be no clash of
ideologies or conflict of manifestoes in
the post-election scene. Whatever might
have been their pre-election postures,
when it comes to joining hands for power,
even the diagonally opposed political
groups and paties will be ready to tie
the knot and enter into a marriage of
convenience. Those earlier condemned as
unsecular may get embraced as secular and
those earlier hailed as secular may get
dumped as unsecular.
Be that as
it may, it is now the responsibility of
the common man to keep an account of
"Who forms the next Government and
how?" The voter may not have the
right to recall his elected
representatives but he certainly has the
right to publicly disrobe the political
masqueraders who disown him soon after
securing his mandate. Umapathy's unrequited
predicament finds voice in poet's lament "Shahar
Mein Mohtabir Woh Meri Gwaahi Se Hua,
Phir Shahar Mein Na-Mohtabir Usne Mujhe
Kiya!"
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Dwindling
economy
By Sain Dass
Sumbria
Aperson
having even an ele-mentary knowledge in
Eco-nomics and Financial matters can
easily and explicitly spell out inter
relation between the Demand Production,
Labour Market, Supply, Price Fluctuations
and Inflation Rate etc. It is fundamental
law in economics that shortfall in
production viz-a-viz high velocity demand
have adverse impact on supplies in market
thereby causing spurt in prices evidently
hike whole-sale consumers price index
(WCPI) and blatant slide in inflation
rate. This trend however travels backward
in the case of growth in production and
surplus supplies in the market. This
principle has not stood upright in the
present day economic scenario in India.
Despite supply of all commodities in the
market in abundance, the prices of these
commodities excepting a few luxurious
items are soaring.
It is very
astonishing syndrome that inflation rate
is falling down very rapidly, yet the
prices at all level especially those of
essential goods are rising with the same
speed. The whole sale price Index (WPI),
(base year 1993-94 = 100 points), has
arisen to 167.4 points, the week ending
August 20th this year against 161.6
points a year's ago. The rate of
inflation touched 3.59 percent during the
week ending August, 20th, this year which
is still lower than 5.14 percent in the
corresponding period last year. The rise
in whole-sale consumers price Index has
been mainly attributed due to upsurge in
the prices of food and non-food items,
cereals, manufactured products, Sugar,
Gur, Ghee, Hydrogenated Vanaspati and
Textiles etc. The decline in inflation
rate generally represents slide in the
consumers price Index and availability of
all commodities at cheaper rates. Is it
so? To what extent? If not why? The
position is quite contrary. The consumers
price Index Industrial worker (CPI-1W)
that was 457 points ending June, 2001
(base year 1981-82 = 100 points) has now
raised to the level of 476 points by the
week ending June, 2002. Likewise the
whole-sale price Index (WCPI) base year
1993-94 has arisen to 167.4 the week
ending August, 20th, 2002 as against
166.6 points a year's ago. There is thus
not an iota of truth in the claim of the
Government that prices of all commodities
have, not only, stablized rather
clandestinetly declined in the backdrop
of desired economic growth in products to
the policy of liberalization, or free
market or globalisation. These have
undoubtedly increased manifold in past
one decade and economic conditions of the
country significantly deteriorated. It is
also an indication of the success of
measures undertaken by the Government for
improvement of collection recovery of
revenue receipts, affective control over
"unproductive and avoidable wasteful
non-plan expenditures", fair
spending of plan funds on developmental
schemes and steps to narrow down the
budgetary gap or fiscal deficit. How for
the Government of India (GOI) has
succeeded on this front? The fiscal
deficit for 2000-01 that was anticipated
rupees, 1,16,314 crores (B.E. 2000-01)
4.5% of goods domestic product (G.D.P)
shouted up to Rs. 136.211 crores (5.9% of
G.D.P) of that year. The reasons for the
widening gap has been mainly ascribed to
the poor revenue collections and high
spending during 2001-02. Despite several
measures undertaken by the Government
such as steps for improvement of revenue
realization, downsizing the expenditure,
and dis-investments of Public Sector
Undertakings (P.S.Us) etc. during the
fiscal year to narrow down the budgetary
gap, the fiscal deficit has widened.
According to the data available from the
Governments of India own source, an
amount of Rs. 152797.98 crores of direct
and indirect taxes was locked up in
litigation in various courts as on
31.3.2002. Besides 1,10,000 crores
involvement in cases are pending
recovery, before debt recovery Tribunals,
rupees 25080 crores locked up nationwide
before the Commissioner of Income - Tax
(Appeals rupees 7569 crores on account of
indirect taxes before various other forum
indirect taxes.
Tax
evasion now-a-days, has become, the order
of the day such phenomenon, besides
shortfall in the revenue receipts, causes
widening of the budgetary gap, thus
forcing the Government to issue extra
currency to that extent thereby leading
to upward slide in inflation rate, that
ultimately generate black money, which
plays a vital role of "Parallel
Economy" at National level. Every
year instead of recovery of huge
outstanding arrears of revenue and loans,
heavy taxation is levied by fresh taxes,
withdraw of course, gradually. The direct
subsidies available to farmers and rural
poor, i.e. subsidy on fertilizers, food
grains, sugar, cooking gas, kerosene oil
and fuel etc. to bridge the budgetary
gap. The common man is awfully burdened
with the load of direct/indirect taxes.
This process has significantly
contributed in rapid decline of the
purchasing power of the people. Frequent
issue of currency notes in excess of the
value of gold reserves held by the
Reserve Bank of India (RBI) an unabated
black money generations play an important
role in the fluctuation of inflation rate
that has direct bearings with the real
value of currency (Rupee in India) that
increases or decreases with the
fluctuation in price Index on each
occasion. The rupee value that was Rs.
38.71 for U.S Dollar by the week ending
September 5th 1998 has weakend by Rs.
9.80 compared to US Dollar and is now Rs.
48.51 per US $ by the week ending August
20th this year. Whereas the shortfall in
the value of rupee, both at the National
and International levels necessarily have
adverse impact on the growth of our
economy, it also disturbs our
"Foreign Exchange Resources and
balance of payments as also
proportionately increase the quantum of
our loan liability and interests thereon.
It also compels the business community to
sell goods in the International market at
cheaper rates to sustain competition, but
at the same time, at higher rates to the
consumers within the country to overcome
the losses at international level. The
goods manufactured for sale within the
country of the same quality or even
inferior quality thus become dearer and
beyond the reaches of common man, who in
the process ultimately loses the
purchasing power. One of the factors for
recession in the market or sluggish
demand of goods is the loss in purchasing
power of the common people, who are the
bulk consumers of the commodities
especially for essential nature.
Another
factor for the anxiety of the Government
was increasing trend in non-performing
Assets (NPA) and Bad Debts in the
Nationalized/Scheduled Banks. The amount
of rupees 1,10,000 crores taken as loans
by the business community, big business
houses and corporate sector from the
Nationalized Banks and other Public
Financial Institutions was locked in
default as on 31.3.2002 exclusive of
interest due has now become irrecoverable
and thus classified as bad debts. In case
the interest due on these loans is also
added, the amount of liability may cross
Rs. 1,75,000 crores market. The position
of NP. As with the banks is also not
different. It has also touched to 10.7
percent of their capital. In order to
provide an additional liquidity of Rs.
3500 - 4000 crores to the banking sector,
the Apex Bank, reduced in cash credit
ratio by 1/2 percent to five percent
w.e.f. 15.6.2002.
According
to the Miaro-economic survey report, the
growth rate of 5.7 percent in Agriculture
sector and 3.3% in Industrial sector as
against 5% and 6.2% stated for 2001 - 02
was achieved. The overall growth rate was
however claimed Rs. 5.4% . On the basis
of their data, the growth rate for
2002-03 was slated at 6-6.5%. In the
monsoon session of the Parliament, the
Union Finance Minister scaled down the
growth rate to 5.5%. Some micro-economic
organisations have however projected even
lower growth rate with the "Centre
for monitoring Indian Economy/CMIE)
forecasting 3% growth rate. A few
analysts, however, place the growth rate
between 4% to 5% depending on Agriculture
production.
All claims
of improvement in economy are thus false,
fabricated and unfounded. This is most
disgusting.
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Justice
for undertrials
By G Ravindran Nair
There are over
2,04,480 undertri-als languishing in jails across
the country, the maximum being in Uttar Pradesh
(44,269), followed by Bihar (39,449), Madhya
Pradesh (18,501), and Maharashtra (13,960). The
number of undertrials in Andhra Pradesh is 8,557,
that in Orissa 8,009 and Punjab 7,430, according
to latest official data.
The Union
Government has expressed grave concern over such
a large number of undertrials thrown behind bars
without their cases ever being disposed of. The
states have been told to accord top priority for
the disposal of cases and fill up the vacancies
of judges in subordinate courts as early as
possible.
According to
official sources, the states spend more than Rs
461 crore annually on the undertrials. If the
pending cases are disposed of expeditiously, the
funds thus saved could be transferred to the
welfare of prisoners, ex-prisoners and
ex-convicts. It is widely known that many of the
undertrials have spent more years in jails than
the maximum punishment centemplated under the
Indian Penal Code for the crime they have
committed.
Statistics lay
bare the startling facts. Of the total number of
undertrials in jails, 2206 have been in detention
for over five years, with Bihar topping the
dubious record (1,713), followed by Delhi (100),
Uttar Pradesh (99) and Madhya Pradesh (87), West
Bengal (3) has the lowest number of undertrials
vegetating in jails for over five years followed
by Maharashtra (6) Andhra Pradesh (7), Orissa
(12) and Punjab (22), On an average Rs 55 per day
is being spent by the State Governments on an
undertrial.
The Criminal
Procedure Code clearly stipulates that
undertrials be tried within six months after
their case is listed for trial. But the ground
situation is totally different. Trial hearings
are invariably adjourned. Sometimes the lawyers
go on strike or the judges are transferred
resulting in more delays.
Where the law is
clear in respect of expeditious trial, the system
has not risen to the letter and spirit of the
law. The Law says that after an accused is
arrested, he has to be produced before a
magistrate who can send him to either police or
judicial remand for a period not exceeding 15
days. If the accused is charged with an offence
where punishment is 10 years of imprisonment or
more, this case has to be sent to the sessions
court. A challan has to be filed in the court
within 90 days and the court, as per Section 309
CrPC, should set the trial date.
According to
lawyers, both sections 309 and 167 (5) prescribe
a limit of six months to complete the trial of a
case. Section 167 relates to cases triable by
magistrates while section 309 lays down the same
limitation in cases triable by sessions judges.
In most of the cases, prescribed time limit is
seldom adhered to, with cases adjourned time and
again.
Judges have a
genuine complaint: they are overburdenend with
cases and therefore cannot decide matters in
time. An evidence takes several weeks in a case.
And when lawyers go on strike, it results in
piling up of case files before a judge. While
lawyers say that the courts need more judges, the
lawyers themselves are guilty of seeking
unnecessary adjournments.
In March 2001, the
Supreme Court of India ordered the release of
undertrials whose trial proceedings had exceeded
five years. This was indeed a welcome decision in
that it intended to ease the overcrowding in
jails across the country and provided the
long-delayed justice to many undertrials.
The Indian
judicial system is notorious for delay and cases
drag on endlessly and it may take years before a
case even comes up for trial. It is a tragedy
compounded when the accused, many innocent or
booked for petty offences, end up wasting several
years of their life in prison. Many undertrials
languish in prisons for a longer period than the
terms they would have to serve if they were found
guilty by the courts.
The number of
cases pending in the Supreme Court early last
year was around 21,567; out of this 8472 had been
pending for over two years and 645 cases for more
than 10 years. In the High Courts, the number was
32.04 lakh out of which 18 lakh had been pending
for over two years and 5 lakh for over 10 years.
In Lower Courts
there were 2.01 crore cases pending out of which
8.19 lakh were pending for over 10 years. In
December, 2000 K K Usha, the then Chief Justice
of Kerala, confessed: ''We cannot but accept the
fact that we are facing a very difficult
situation in the matter of managing the ever
increasing flow of litigation into our different
courts.'' As on November 3, 2000, the Kerala High
Court had a pendency of 1,09,236 cases. Of this
1,000 were more than ten years old.
One of the major
reasons for the delay in cases coming up for
trial is the huge back log of cases. There are
far too few judges and courts to deal with the
huge number of cases. We need to increase the
number of courts and fill up the existing
vacancies of judges. It is good augury we have
set up fast track courts to facilitate speedy
disposal of cases and clear the backlog of cases.
On May 6, 1996, in
a landmark judgement the Supreme Court ordered
the release on personal bonds of certain
categories of undertrials whose cases were
pending trial for long. This offered relief to
tens of thousands of undertrials languishing in
jails all over the country.
Justice Jeevan
Reddy and Justice S B Majumdar passed the order
while hearing a petition by common Cause, a
leading organisation championing human rights.
The order said that in cases of offences
punishable with imprisonment not exceeding three
years, where the trial is pending for one year or
more and the accused is in jail for six months or
more, the accused shall be released on personal
bond.
For offences for
which the sentence is imprisonment exceeding five
years and if trials are pending for two years and
the accused has been in jail for six months, he
may be released on personal bond. The apex court
opined that in case of offences punishable with
seven years or less and if the trials are pending
for two years or more, and the accused are in
jail for a period of one year, the person may be
released on personal bond.
It was the
decision of the apex court that in case of
traffic offences pending for more than two years
because of non-serving of summons to the accused,
the accused may be discharged and the cases
closed. In the case of compoundable cases pending
for more than two years, after hearing the public
prosecutor and the parties concerned, the court
may discharge or acquit the accused.
Non-cognizable and
bailable offences where there is a pendency of
more than two years can be closed, said the judge
of the Supreme Court. Where the punishment is
only a fine and the case is pending for more than
a year, the court shall discharge or acquit the
accused. Cases which are pending for more than a
year where punishment is below one year
imprisonment, the court shall discharge or acquit
the accused and close the case.
In a particular
case the same year, i.e. 1996 the Delhi High
Court secured the release of 107 poor prisoners
who were languishing in jail because they could
not raise the amount required for setting them
free on bail.
It is a matter of
great pride for those concerned with human rights
that the Supreme Court has intervened time and
again to defend the rights of undertrials in the
country. On May 10, 2001, the Supreme Court held
that when a criminal is convicted in different
cases, the sentences awarded to him would
converge into one and it would be reduced
correspondingly to the time he was in jail as an
undertrial.
A three-judge
bench headed by Justice K T Thomas said that the
period during which the accused was in prison
subsequent to the inception of a particular case
should be credited towards the period of
imprisonment awarded as sentence in that case.
''Section 428 of the Criminal Procedure Code
(CrPC) permits the accused to have the period
undergone by him in jail as an undertrial set off
against the period of sentence imposed on him
irrespective of whether he was in jail in
connection with the same case during that
period,'' Justice Thomas said.
''To have speedy
justice is a Fundamental Right which flows from
Article 21 of the Constitution Right to Life),''
said the Supreme Court on March 23, 2001.
''Prolonged delay in disposal of trials and
thereafter appeals in criminal cases, for no
fault of the accused, confers a right upon him to
apply for bail.'' said the bench of the apex
court. The Supreme Court requested ''the Chief
Justices of the High Courts, where the criminal
cases are pending for more than five years to
take immediate effective steps for their disposal
by constituting regular and special benches for
that purpose.''
Delivering the
judgement, Justice R P Sethi said ''if an appeal
(in a criminal case) in not disposed within the
aforesaid period of five years, for no fault of
the convicts, such convicts may be released on
bail on such conditions as may be deemed fit and
proper by the Court.''
It is widely
acknowledged that one of the major reasons for
the overcrowding in most of the prisons in our
country is the large presence of undertrials,
kept without trial for an indefinite period. The
undertrials pay a heavy price for a ramshackle
system. In June 2000, the National Human Rights
Commission issued a direction to the Chief
Justices of all the 18 High Courts requesting
them to take steps for decongestion in jails and
expeditious disposal of cases.
Indian jails are
crammed to the ceiling with prisoners, in certain
cases 400 per cent more than the stipulated
capacity. The prison administration spends more
than 43 per cent of its annual budget on those
prisoners who might either be innocent or petty
offenders and their number according to the
National Police Commission exceeds 60 per cent of
the total prison population.
Such startling
facts were revealed in the status report on
Indian jails prepared by former BSF
Director-General T Anantachari. The report was
released at a workshop in New Delhi on December
10, 1994, on the anniversary of Human Rights Day.
According to the
report, most of the undertrials were petty
offenders like ticketless travellers. They were
in jail just because they couldn't pay the fines
imposed on them by the courts. The Ananthachari
report quotes the Mulla Committee findings and
says: ''A large number of offenders sent to
prisons do not require any therapeutical
correctional treatment. They are as normal as
citizens outside prison walls and they need to be
protected from the harmful effects of exposure to
prison life.''
The status report
points out that despite several committee reports
and Supreme Court directions, there has been no
solution to trial delays. ''During a visit to the
Tihar jail in Delhi, the undertrial prisoners
spoke with one voice and with deep anguish,
frustration and helplessness about the enormous
injury caused to them due to inordinate delays in
courts.''
The report said
''no one aspect of prison administration has
affected the human rights of prisoners as delays
in trial, for which the police, judiciary and the
legal profession are all to blame.''
According to the
report, the delay begins at the investigation
stage; in most cases, chargesheets are filed very
late; then there is delay during the service of
summons to witnesses; delay in supplying copies
of relevant documents, and to crown it all, there
is maximum delay when evidences are to be
recorded. It has been found that in certain
cases, it has taken eight years to examine
witnesses and record evidence. Defence and
prosecution lawyers also contribute to the trial
delay.
Fast-track courts
have come up in a few states including
Maharashtra to cut legal delays and relieve the
agony of the hundreds upon thousands languishing
in jails and waiting for justice. Maharashtra is
even thinking in terms of conducting hearings in
the jail premises. The state is also
contemplating a pilot project to use
video-conferencing for settling undertrials'
cases in select jails in Mumbai, Thane, Nashik
and Pune.
''I have spent six
years of my life here,'' laments an undertrial in
the Bangalore Central Jail. Whatever be the
causes, can I ever get them back? This might be
the nagging question racking the minds of
thousands of undertrials who might have spent
more years in the jails than any conviction, if
any, would have warranted.
Will the state
give them back the years that they would have
normally spent with their dear ones in the family
or at the workplace where they would have earned
honest bread if their trial was conducted within
the reasonable time.
Will we ever wake
up out of a situation where we go on debating and
debating for years together and do next to
nothing despite the directives from the highest
court of the country on the vital need of meeting
out justice to the undertrials? Enough of
committees, workshops and seminars.
It is high time
that the nagging guilt smote our conscience and
that we decongested our jails by letting off
those who deserve a better deal.
PTI Feature
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