"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
- "Kaun Banega Rashtrapati - Voting to elect 15th President of India begins": Over 4800 MPs-MLAs to cast votes, NDA candidate Droupadi Murmu has clear edge over Opposition nominee Yashwant Sinha as 60% votes expected to be polled in her favour
- “Judgment does not necessarily relate to the judiciary system”: “There is a limit to criticizing judges. Give us a break” laments Justice Chandrachud, but in Nupur case emotions of judges were so extensive that it “diluted the beheading in Udaipur”
- "Permission marketing is marketing without interruptions": Supreme Court responds to Vice-President; says as per Constitution, Parliament has right to enact law but Court has power to scrutinize it, Govt functionaries comments on collegium not well taken
- "गजवा ए हिंद vision 2047": Delhi HC denies bail to ex-PFI chief E Abubacker, highlighting PFI's Vision 2047 to overthrow the government, replace the constitution with Sharia Law, and establish a Caliphate by 2047 through terror camps & radicalizing youth
- "जालसाज़": MP High Court punished a journalist with a Rs 25,000 fine for misusing PIL to target a temple on Yashwant Niwas Road, Indore, citing vested interest, lack of evidence, and selective intent instead of genuine public concern, dismissing his plea
- "We are all born gifted. That is our true inheritance": Supreme Court observes that female tribal is entitled to parity with male tribal in intestate succession, says "Not to grant benefit of 'Survivorship to daughter in father's property' is bad Law"
- "Finally, in conclusion, let me say just this": Remark against Prophet Mohammad - Supreme Court transfers all FIRs against ex-BJP member Naveen Kumar Jindal to Delhi Police, during the hearing, Luthra sought similar relief as granted in Arnab Goswami case
- In a major development, Mathura court allowed a plea to remove the disputed structure of the Shahi Idgah Mosque near Krishna Janmabhoomi for hearing: suit filed in the name of "Bhagwan Sri Krishna Virajman"
- “Keep your pity because you’re going to need all your pity for what’s coming”: Central Government declared PFI a terror outfit of radical Islam, its associates or fronts as an unlawful association and ban them with immediate effect, for a period of 5 year
- 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
- "We must distinguish between speaking to deceive and being silent to be reserved": After Delhi and Allahabad, Madhya Pradesh High Court also admitted PIL challenging the constitutional validity of the Waqf Act, enacted by Congress Govt in 1995
- 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
- "Every sinner has a future": Supreme Court Bench grants bail to Syed Asim Ali, the accused conspirator in the Kamlesh Tiwari murder, which involved a brutal attack that left the Hindu Samaj Party leader fatally stabbed & shot in broad daylight in Lucknow
- Madras High Court ends decades-old dispute by cancelling illegal sale of 3.93 acres of Arulmigu Annamalainathar Temple land in Kadayanallur, orders restoration to the deity and rejects revival of the void auction
- "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
















