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Discussing GS questions paper 2 and paper 3

edited October 2014 in Miscellaneous
1)Recent SC judgement on under trials is a short term solution and do not address underlying causes for large number of under trial prisoners.Comment

Comments

  • Recent SC judgement has asked to identify and release undertrial prisoners who have already underwent detention for half the maximum period of imprisonment their offence prescribes under law. It does not apply to those undertrials whose offence attracts death penalty.

    Justice delayed is justice denied. The constitutional and moral concern is that there should be no punishment until found guilty. 66% of prisoners are undertrials and the result is few convictions. The poor with no money for bail have to spend certain period in imprisonment inspite of being innocent. More focus needs to be given on investigation and prosecution of offences. With hardened criminals around, shortage of adequate space , unhealthy environment and absence of scientific or legal aspects to separate them may even have criminalizing effect on person. The family of imprisoned, who is the sole bread earner, is forced into destitution and exploitation. The social stigma such families face goes a long way in shaping their future.

    To sum up, separate lodging for undertrials, not granting adjournment of proceeding unless necessary, video conferencing in jails and courts, system indicating date for bail application, increase in number of judges and extending the financial facility to poor for bail is the way forward.
  • Forgot to add Sec 436 A of CrPC
  • Recent SC judgement has asked to identify and release undertrial prisoners who have already underwent detention for half the maximum period of imprisonment their offence prescribes under law. It does not apply to those undertrials whose offence attracts death penalty.

    Justice delayed is justice denied. The constitutional and moral concern is that there should be no punishment until found guilty. 66% of prisoners are undertrials and the result is few convictions. The poor with no money for bail have to spend certain period in imprisonment inspite of being innocent. More focus needs to be given on investigation and prosecution of offences. With hardened criminals around, shortage of adequate space , unhealthy environment and absence of scientific or legal aspects to separate them may even have criminalizing effect on person. The family of imprisoned, who is the sole bread earner, is forced into destitution and exploitation. The social stigma such families face goes a long way in shaping their future.

    To sum up, separate lodging for undertrials, not granting adjournment of proceeding unless necessary, video conferencing in jails and courts, system indicating date for bail application, increase in number of judges and extending the financial facility to poor for bail is the way forward.
    these parts in ur answer were unwanted looking into the real context of question as well as time constraint one faces in completing 25 answers.Rest ur answer is ok .will be adding more points soon.:)
    Nice attempt
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