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LATEST NEWS UPDATES | Amnesty mulls bail fund to rescue undertrials -Stanley Pinto

Amnesty mulls bail fund to rescue undertrials -Stanley Pinto

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published Published on Jan 8, 2014   modified Modified on Jan 8, 2014
-The Times of India


MANGALORE: The India wing of human rights watchdog Amnesty International is seriously looking into the issue of undertrials' unwarranted long stay in prisons and is likely to set up a bail fund to secure their early release.

Amnesty International secretary general Salil Shetty told TOI: "India has over 2.5 lakh undertrials, including 8,940 in Karnataka, as of December 2012. Of these, over 2,000 have been in jail for over five years. The number is 51 for Karnataka."

A huge number of undertrials remain stuck in jails because they cannot afford bail, a critical issue that Amnesty International is planning to address. The organization is working with like minded organizations to help undertrials languishing in Indian prisons.

"We are exploring that avenue, and the idea is in its nascent stage,'' Salil said, adding: "The process started in Karnataka six months ago. Once the model is established, we can replicate it in other states.''

Amnesty says two out of three prisoners in India are facing trial, an unhealthy ratio that's higher than many other countries. As the term suggests, an undertrial is a person charged with a crime, but not convicted yet.

Quoting the Supreme Court, he said one cannot lock up people without trial. "Most often, these undertrials cannot afford bail and are, therefore, stuck in jails. Muslims, dalits and adivasis form a huge bulk of the undertrial population in the country and they are detained for very petty crimes. We've started the process of looking at this issue in Karnataka, particularly Bangalore.''

Salil, the first Indian to be appointed the AI secretary general, hoped to build public pressure on the issue.

According to Amnesty, undertrials could face physical and psychological abuse, and sometimes torture. They are prevented from contributing to the preparation of their defence, and run the risk of losing their jobs. A huge number of undertrials could mean overcrowding of prisons, which leads to space and resource squeeze.

Way forward

* An under trial is eligible to be released if he's spent more than half of the possible maximum sentence in jail. Despite being eligible for release, many undertrials spend several years in prison

* Authorities must ensure undertrials receive adequate legal aid, monitor their overstay and ensure speedy trial

* Judges must take into account a person's economic circumstances and the weight of the evidence before remanding him in judicial custody


The Times of India, 8 January, 2014, http://timesofindia.indiatimes.com/india/Amnesty-mulls-bail-fund-to-rescue-undertrials/articleshow/28528191.cms?


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