"You can tell a lot about a civilization by the quality of people found in its jails": President Murmu’s caution on overcrowding of prisons is a wake-up call to the executive & judiciary, says "Hope you understand what I said and what I refrained from”

The crisis at hand is this: According to Prison Statistics India 2021, a report published by the Ministry of Home Affairs, between 2016-2021, the number of convicts in jails decreased by 9.5 percent whereas the number of undertrial inmates increased by 45.8 percent.
|
President Draupadi Murmu’s call to the government and the judiciary to address the issue of overcrowding of prisons is significant and a very welcome intervention. “I hear these days that we will have to make new prisons because prisons are overcrowded. If we are moving towards progress as a society, then why do we need new jails? We should be closing down existing ones,” President Murmu said Saturday at the National Law Day celebrations organized by the Supreme Court.
“I am leaving this issue to the judges here and the law minister. I am not saying anything more. I hope you understand what I have said and what I refrained from saying,” she added. President Murmu’s remark comes in the backdrop of the sharp exchange on this issue last week between Union law minister Kiren Rijiju and the Chief Justice of India D Y Chandrachud.
Rijiju had made a case against the higher judiciary’s intervention in granting bail and said only trial courts ought to decide on granting of bail. In response, the CJI said that higher courts are flooded with bail cases because of a “sense of fear” in the lower judiciary.
The crisis at hand is this: According to Prison Statistics India 2021, a report published by the Ministry of Home Affairs, between 2016-2021, the number of convicts in jails decreased by 9.5 percent whereas the number of undertrial inmates increased by 45.8 percent.
|
With three out of four prisoners being undertrials, the problem of overcrowding of prisons is essentially an undertrial issue. As of December 31, 2021, around 80 percent of prisoners were confined for periods of up to a year.
The report states that an overwhelming 95 percent of undertrials released in 2021 were granted bail by courts while a mere 1.6 percent were released on acquittal by the court. It shows that the sluggish pace at which trial courts work to reach a final decision cannot keep up with the increasing number of undertrials.
The Dickensian idea of building more prisons is not the solution, as President Murmu rightly said. The Supreme Court recently asked the government to think “out of the box” and consider a one-time measure to release prisoners in certain cases on the occasion of the 75th year of Independence.
While it is imperative for the top court to ensure that its liberal stance on bail percolates to the trial courts, it is also disingenuous to characterize the undertrial crisis as a mere bail issue.
The real solution lies in tackling the cause, which is the indiscriminate arrest of individuals. From bringing special criminal legislation as populist measures to opposing bail as part of a tougher stance on crime, there are several issues for the government to address.
Identifying those who cannot afford bail, even when available, is also crucial. The lawmakers too must urgently respond to this crisis.
References:
Support Us
Satyagraha was born from the heart of our land, with an undying aim to unveil the true essence of Bharat. It seeks to illuminate the hidden tales of our valiant freedom fighters and the rich chronicles that haven't yet sung their complete melody in the mainstream.
While platforms like NDTV and 'The Wire' effortlessly garner funds under the banner of safeguarding democracy, we at Satyagraha walk a different path. Our strength and resonance come from you. In this journey to weave a stronger Bharat, every little contribution amplifies our voice. Let's come together, contribute as you can, and champion the true spirit of our nation.
![]() | ![]() | ![]() |
| ICICI Bank of Satyaagrah | Razorpay Bank of Satyaagrah | PayPal Bank of Satyaagrah - For International Payments |
If all above doesn't work, then try the LINK below:
Please share the article on other platforms
DISCLAIMER: The author is solely responsible for the views expressed in this article. The author carries the responsibility for citing and/or licensing of images utilized within the text. The website also frequently uses non-commercial images for representational purposes only in line with the article. We are not responsible for the authenticity of such images. If some images have a copyright issue, we request the person/entity to contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. and we will take the necessary actions to resolve the issue.
Related Articles
- Husband submitted that his wife living separately for 10 years, she implicated false 498-A IPC, in which he was acquitted, and prayed for divorce on ground of mental cruelty: Court concurred disputes not serious
- "If we desire respect for the law, we must first make the law respectable": Secular Court of India - “You can hold Pooja somewhere else" denying permission for Ganesh Chaturthi celebrations at disputed Idgah Maidan in Bengaluru, Kapil Sibal fought and won
- "Vote: The only commodity that is peddleable without a license": Supreme Court refuses to interfere with Calcutta High Court's direction for deployment of central forces in West Bengal for local body elections, dismisses the petitions by the State and SEC
- "Judge saheb ko bura laga kya… nahi, bas yunhi pooch riya hun": CJI Ramana slams Indian media amid the backlash judiciary is facing over controversial remarks and judgements, says ‘Media running agenda-driven debates and kangaroo courts’
- "A benefit is estimated according to the mind of the giver": Supreme Court rewarded series of privileges to retired CJIs, most notable are entitlement to domestic help, chauffeur and secretarial assistant for life, commencing from their date of retirement
- Justice Gaurang Kanth who took oath as judge of the Calcutta High Court this morning, his letter surfaced recently where he was seeking suspension of police officers who failed to keep the door of his residence locked resulting in the loss of his pet dog
- "Honest conviction is my courage; the Constitution is my guide": VP Jagdeep Dhankar took exception to Courts quashing changes made by parliament to the Constitution, says "Nowhere in the world Constitutional provisions are undone by courts like in India"
- Madras High Court noted that 'tolerance is the hallmark of Hinduism, devotees could not be denied their right to worship at any cost': directed authorities to allow chanting prayers at Sri Varadaraja Perumal Temple
- In 1990, nurse Sarla Bhat was abducted, tortured, and murdered by JKLF terrorists during the Kashmiri Pandit exodus; now, 35 years later, the SIA has reopened her case, raiding Srinagar hideouts in a long-awaited push for justice and remembrance
- A fire, burnt cash, and a judge under suspicion—yet the Supreme Court refuses an FIR against Justice Yashwant Varma, asking petitioners to first write to the President and PM, shielding its own while justice quietly exits the courtroom, unheard and unseen
- "ATM is now Closed": Puneet Khurana, co-founder of For God's Cake & Woodbox Cafe, died by suicide, blaiming harassment by wife Manika Pahwa & in-laws over ₹10L demands, ₹2Cr property disputes, ₹70K/month legal fees, and domestic abuse
- ‘Do we roll out a red carpet?’ Supreme Court led by CJI Surya Kant issues a sharp warning as it questions illegal Rohingya migrants entering India and a rising crisis over missing refugees nationwide.
- In a defining moment, India's Supreme Court declined to recognize same-sex marriage rights, placing the onus on Parliament, amidst passionate pleas & dissenting opinions, future of LGBTQ+ unions remains in legislative hands, echoing society's crossroads
- Gender Biased Indian Law: Delhi High Court observed that in India, expenditure borne by brother in supporting his divorced sister must be taken into account while passing an order of maintenance in favour of his wife
- "It is not wisdom but Authority that makes a law": SC orders new rules for appointment of Chief Election Commissioner and Election Commissioners similar to appointment of CBI Director by a committee that includes the PM, Leader of Opposition and CJI
















