300,000 Undertrials rot for years in jails across India

Who are these undertrials..Just people accused of crimes, held in jails, whose cases are pending in India's notorious courts and the equally notorious legal system. These people are not convicted yet, but most of them have spent more time in jails than if they were found guilty and sentenced. This is the type of monstrous injustice on such massive scale, that goes on in India while it preach to the world about Gandhi, tolerance, compassion and peace. Crime against humanity..one can say that.
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Productive years of Undertrials squandered away

If reports are to be believed approximately 300,000 Undertrials are overstaying in the dingy and overcrowded Indian jails facing trials. Certainly, this poorly reflects on the Indian criminal justice system apart from running counter to the democratic principles of the respectable republic.

The Undertrials accused in criminal charges under various sections of the Indian Penal Code are facing twin dilemma of denial of basic human rights and are forced to squander away their productive years of life under imprisonment without any immediate light at the end of the tunnel.

Incarceration of the Undertrials for such a long time- in some cases even beyond the prescribed penalty- defies all theories of punishment. Though the Indian Courts including the apex court took a sympathetic view of the Undertrials, the insensitive and inflexible system did not allow the efforts to fructify.

The corrupt and the lethargic bureaucracy objected and obstructed the unusually kind attitude adopted by judiciary to release the Undertrials, who overstayed their punishment period had they been found guilty and ultimately punished by the court of law.

Considering this, the move of the law ministry to release nearly 200,000 Undertrials who have spent more than half of the maximum prison time they could have been sentenced to if convicted, is not only laudable but also introduces reforms within the overcrowded prisons.

This should, however, be supplemented with speeding up the Criminal Investigation and sprucing up the Criminal Justice Delivery Mechanism. The Police must be sensitised about the imperative to expeditiously investigate the cases and file charge sheets as early as possible. In case the Police are unable to complete the investigation within a reasonable time, the benefit of doubt must go to the accused, except in exceptional circumstances.