Mohammad Zubair gets bail, but what about others?

By: Anshul Vipat

Zubair was one of the few lucky ones to get a speedy trial. There are several who are still languishing in jails awaiting trials

The Supreme Court on Wednesday granted interim bail to Alt News co-founder Mohammad Zubair in six cases filed against him in the state for allegedly hurting religious sentiments with Twitter posts. Zubair was arrested on June 27. The bench stated that other than the seven current cases, any new FIR in future on the same tweets will also stand transferred to the Delhi Police Special Cell. During his 23 days custody, Zubair case has been heard by SC thrice as an urgent matter.

Zubair was one of the few lucky ones to get a speedy trial. There are several who are still languishing in jails awaiting trials. Marathi actress Ketaki Chitale, who was jailed for allegedly posting a defamatory and derogatory poem against NCP chief Sharad Pawar had to spend 42 days in jail before being granted bail. Another engineering student from Bhiwandi who spoke in favour of Nupur Sharma is still in jail for the past 38 days.

According to the latest available data compiled by the National Crime Records Bureau (NCRB), about 76 percent of all prison inmates in the country were undertrials. This is the highest share of undertrial detainees in prison since at least 1995, the earliest year for which such data are available. Only 14 countries in the world have a higher proportion of undertrial or remand prisoners than India.

Unlike Zubair, thousands are yet to get parole. The release of undertrials declined by 19.6 percent in 2020, compared to 2019. For instance, in 2020, only one-third of inmates who are eligible for early release under section 436A of the Code of Criminal Procedure (Cr.P.C.)--which provides for the release of undertrials who have undergone more than half the prison term for the accused offences--were actually released. There was an 18 percent decrease in the number of prisoners released on bail as well, from about 1.5 million in 2019 to 1.2 million. Nearly 2 percent of the undertrials had spent over 5 years in confinement, up from 1.5 percent in 2019. Overall, 29 percent of all the undertrials had spent over a year in prison. Further, 4 percent of undertrials (15,167) were women, up by 12 percent from 13,550 in 2019.

Delhi reported the highest share of undertrial inmates of the total prison inmates followed by Jammu and Kashmir, Bihar, Punjab, and Maharashtra. All these states reported an occupancy rate of over 100 percent. Two in three prisoners under trial belong to SC, ST or OBC caste groups, data showed. Over half of the undertrial inmates are between 18 and 30 years of age.

An increased percentage of undertrials in Indian prisons is a cause of concern. Zubair was fortunate he could get what he thought was the best legal team. However, there are thousands of people who are poor and can't afford lawyers. Our judicial system must think about them and mend ways.