"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
- “The truth about injustice always sounds outrageous”: Supreme Court stays death sentence of M Samivel, who raped a minor girl and fearing that the girl might tell someone about the crime, he smashed her head against a tree and dropped her into a pond
- "Access is vital in lobbying. If you can't get in your door, you can't make your case": CJI Chandrachud removed justice MR Shah from the bench hearing forced conversion for not succumbing to lobby's pressure, was scheduled for Feb, now listed on Jan 16
- 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
- "Best advice I ever received was to give advice only when asked for it": State does not owe loyalty to any one religion and the Constitution requires that religious majority in the country shouldn’t enjoy any preferential treatment, Justice BV Nagarathna
- Justice Gavai countered to SG Tushar Mehta, "Skies will not fall. What is the alarming urgency? We will hear you", Supreme Court grants interim bail to Teesta Setalvad after 2 urgent Saturday night hearings, stays High Court order to surrender for a week
- "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
- "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
- Ruling that no minor can be forced to give birth, Supreme Court permitted a 15-year-old to terminate her 7-month pregnancy, citing Article 21 to protect bodily autonomy and prevent severe mental trauma or the dangers of illegal clinics
- "ना ना करते प्यार तुम्हीं से कर बैठे": After losing fifty-two lakh rupees in a Tinder honey trap, a Haryana judge tried to hide her identity by using her maid to file a police complaint, but a Delhi court revealed the truth and denied bail
- "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
- Supreme Court rejects Sanjiv Bhatt’s plea in the explosive 1996 drug planting case, as Kapil Sibal steps in to defend the disgraced ex-IPS officer amid mounting legal turmoil
- "The weight of 59 lives demands attention": Supreme Court denies bail to three Godhra train case convicts, emphasizing its severity. The 2002 incident claimed 59 lives, including women and children, leading to widespread riots in Gujarat
- "Poor thing": Sonia Gandhi's remark that President Murmu was 'tired' sparked outrage; BJP demanded apology, while PM Modi praised Murmu's vision with self-reliant defence, Kashmir-Kanyakumari rail, and a 1,000 km metro milestone
- Only Dhimmis can be a good Hindu – An article on Shekhar Gupta’s ThePrint argues ‘defending namaz’
- "हम-तुम अलग हैं फ़र्क है": In a stunning display of judicial leniency, Pune's wealthy builder’s drunk teen son, who killed two with his Porsche, was swiftly granted bail—only to face the harrowing task of writing a 300-word essay and making traffic boards
















