Criminal Justice System: A Framework for Reforms

Author(s): S. R. Sankaran
Source: Economic and Political Weekly, Vol. 34, No. 22 (May 29 - Jun. 4, 1999), pp. 1316-
1320
Published by: Economic and Political Weekly
Stable URL: https://www.jstor.org/stable/4408009
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 outright corruption or speed money or
Criminal Justice System reward at various levels of police, jail and
other wings of administration. Not only
A Framework for Reforms in Tihar jail in Delhi but in the jails all
over the country, undertrials constitute
S R Sankaran
almost 90 per cent of the total jail popu-
lation. The observations of justice M N
In the present scenario of the criminal justice system in the country,
Venkatachaliah that "60 per cent of the
arrests run into millions, the jails are overcrowded mostly witharrests are unnecessary and 43 per cent of
undertrials and the courts are overstretched with several lakhs ofexpenditure on jails are on prisoners
the
who need not have been arrested at all"
pending criminal cases. Added to these are illegal detentions will,
andin fact, prove to be an underestimate,
extra-judicial killings as well as deaths in police and jail custody.
if we include the illegal detentions which
Systemic reforms from a people-centred point of view are longare not shown as arrests and the number
overdue. Institutions like the National Human Rights Commission and
of prisoners who are not even produced
the Supreme Court have to take the initiative in the matter as before
neitherthe courts on the excuse of want

the state governments nor the central government seem to be of escort or the repeated routine adjourn-
ments of criminal cases.
interested in meaningful reforms.
Only last year, the world celebrated 50
years ofthe Universal Declaration of Human
THE editorial 'Stinking Criminal Justice upon to express almost the same views, Rights. The major emphasis under the
System' in Economic andPolitical Weekly indeed almost the same words! Universal Declaration of Human Rights
(March 20, 1999) has rightly highlighted One of the fundamental requirements of as well as the pronouncements at the
the need for drastic reforms in the criminal
a good government in a democracy is various an conferences of the united Nations
justice system, particularly the needinstitutional
for arrangement for effectively has been on the obligation of the member
revamping of the police force. The issues
guarding against excesses or omissions by states to promote and protect human rights.
involved directly affect the lives of the theexecutive in the exercise of their powers
The Vienna Declaration and Programme
people, more particularly the poor and of
thedischarge of the mandatory duties which of Action adopted on June 25, 1993 by
disadvantaged. cause injury, harm, annoyance or undue the World Conference on Human Rights,
Unfortunately, most of the discussions hardship to any citizen. This is specially reaffirmed the solemn commitment of all
necessary in respect of the police who
on police reforms in official circles tend states to fulfil their obligations to promote
to look at the issues on very narrow lines,
have vast scope for exercise of powers by universal respect for and observance and
in terms of autonomy of police function-a large number of personnel affecting the protection of all human rights. More
ing or their internal organisation or the
rights and liberties of individual citizens specifically, it was declared at the Vienna
command and control systems rather than
in daily life. As pointed out by the National
conference that the protection and promo-
Police Commission itself, the powers tion
from the point of view of the people whom of of human rights is the first respon-
police - as a part of the state apparatus
arrest, search, seizure, institution of crimi-
sibility of the governments.
nal cases, mark several stages in executiveArticle 21 of the Constitution of India
- should serve. The basic human rights,
particularly the right to life with dignity,
police action which afford a vast scope for provides that "no person shall be deprived
which is the very basis for a civilised misconduct by police personnel of differ- of his life or personal liberty except ac-
society should be the central focus to ent
the ranks particularly at the operational cording to procedure established by law".
functioning of a law enforcing agency. level causing harm and harassment to the The expression "life or personal liberty"
citizens.
However, even the very term 'police force' has been held by the Supreme Court to
tends to emphasise the ingredient of force include the right to live with human dig-
UNNECESSARY AND UNJUSTIFIED
rather than that of a service, thus obscur- nity and thus it would also include within
ARRESTS
ing the service function which it ought to itself a guarantee against torture and as-
perform in the interest of the society.Justice M N Venkatachaliah, chairman sault by the state or its functionaries. Arti-
At the beginning of the 20th century, of the National Human Rights Commis- cle 22 guarantees protection against arrest
the Indian Police Commission (1902-03) sion and a former chief justice of India, and detention and declares that no person
went into the functioning of the police hasinrightly pointed out that 60 per cent who is arrested shall be detained in cus-
India and found that the police was gen-of all arrests in India are unnecessary and tody without being informed of the grounds
unjustifiable. It is indeed a sad commen- of such arrest and shall be denied the right
erally regarded as corrupt and oppressive.
The commission concluded that the police
tary on the criminal justice system that to consult and defend himself by a legal
lakhs of people are arrested in the country practitioner of his choice. Clause (2) of
force throughout the country was in a most
unsatisfactory condition and that abuses
for no reason or with little justification. Article 22 directs that the person arrested
were common everywhere; this involved Apart from this, there are large-scale il- and detained in custody shall be produced
great injury to the people and discredit to detentions which constitute a regular
legal before the nearest magistrate within a
the government and that radical reforms
feature and these are not brought on record. period of 24 hours of such arrest excluding
were urgently necessary. Seventy-five Many persons languish in jail as undertrials the time necessary for journey from the
years later, in 1978, the National Police or remand prisoners or unable to find place of arrest to the court of the magis-
Commission found the situation not very sureties even after bail is granted and trate. Article 20(3) of the Constitution lays
different. It is interesting that anotherremain
20 in jail even for terms exceeding down that a person accused of an offence
years later, in 1999, in the closing year the maximum period of imprisonment for shall not be compelled to be a witness
of the 20th century the editorial of Eco- the offences allegedly committed by them. against himself. These are some of the
nomic and Political Weekly has been called A good deal of money is passed on as constitutional safeguards provided to a

1316 Economic and Political Weekly May 29, 1999

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person with a view to protect life and the Police laid down by the ministry offundamental basis of the prestige of the
personal liberty against any unjustified home affairs of the government of India police. Recognising this, the police must
assault by the state. In tune with the contains as many as 13 items, which arekeep their private lives scrupulously clean,
constitutional guarantee, a number of worth recalling: develop self-restrarint and be truthful and
statutory provisions also seek to protect (1) The police should bear faithful alle- honest in thought and deed in both per-
personal liberty dignity and basic human giance to the Constitution of India and sonal and official life so that the public
rights of the citizens. Chapter V of the uphold the rights of citizens as guaranteed may regard them as exemplary citizens.
Crimipal Procedure Code 1973 deals with by it. (12) The police should recognise that their
the powers of arrest of a person and the (2) The police should not question the full utility to the state is best ensured only
safeguards which are required to be fol- propriety or necessity of any law duly by maintaining a high standard of disci-
lowed by the police to protect the interests enacted. They should enforce the law pline, faithful performance of duties in
of the arrested person. Section 41 CrPC firmly and impartially, without fear or accordance with law and implicit obedi-
confers powers on any police officer to favour, malice or vindictiveness. ence to the lawful directions of the com-
arrest a person under the circumstances (3) The police should recognise and res- manding ranks and absolute loyalty to the
specified therein without any order or pect the limitations of their powers and force and by keeping themselves in a state
warrant of arrest from a magistrate. Sec- functions. They should not usurp or even of constant training and preparedness.
tion 46 provides the methods and manner seem to usurp the functions of the judi- (13) As members of a secular democratic
of arrest. Under this section no formality ciary and sit injudgment on cases to avenge state, the police should continually strive
is necessary while arresting a person. Under individuals and punish the guilty. to rise above personal prejudices and
Section 49 the police is not permitted to (4) In securing the observance of law or promote harmony and spirit of common
use more restraint than is necessary to in maintaining order, the police should as brotherhood amongst all the people of
prevent escape of the person. Section 50 far as practicable use the methods of per- India transcedning religious, linguistic
enjoins on every police officer arresting suasion, advice and warning. When the and regional or sectional diversities and
any person without warrant to communi- application of force becomes inevitable, renounce practice derogatory to the dig-
cate to him full particulars of the offence only the irreducible minimum of force re- nity of women and disadvantaged seg-
for which he is arrested and the grounds quired in the circumstances should be used. ments of the society.
for such arrest. The police officer is further (5) The prime duty of the police is to As the police is the most visible symbol
prevent crime and disorder and the police
enjoined to inform the person arrested that of state authority and is clothed with wide-
he is entitled to be released on bail and he
must recognise that the test of their effi- ranging powers to use even force to in-
may arrange for sureties in the event of ciency is the absence of both and not the voke in relation to the life and liberty of
his arrest for a bailable offence. Section 56 visible evidence of police action dealing citizens, police functioning naturally
contains a mandatory provision requiring with them. becomes central to a discussion of human
the police officer making the arrest with- (6) The police should recognise that they rights and criminal justice system. If only
out warrant to produce the arrested person are members of the public with the only the provisions in the Constitution, the laws
before a magistrate without unnecessary difference that in the interests of the society and the Code of Conduct are strictly
delay and Section 57 echoes Clause and on its behalf, they are employed to adhered to, there would be no cause for
(2) of Article 22 of the Constitution of give full time attention to duties which are any concern and the police would be a
India. There are some other provisions normally incumbent on every citizen to humane institution at the service of the
like Sections 53, 54 and 167 which are perform. people. But unfortunately, there is hardly
aimed at affording procedural safeguards (7) The police should realise that the a day when there is no report of violation
to a person arrested by the police. Wher- efficient performance of their duties will of human'rights by police not to speak of
ever a person arrested dies in the custody be dependent on the extent of ready co- their inaction to enforce the human rights
of the police, Section 176 requires the operation that they receive from the pub- when called upon to do so. Surveys con-
magistrate to hold an enquiry into the lic. This, in turn, will depend on their ducted by police commissions and re-
cause of death. ability to secure public approval of their search studies have shown that police
conduct and actions and earn and retain usually employ unfair and brutal methods
CODE OF CONDUCT FOR THE POLICE
public respect and confidence. to elicit confessions, concoct evidence,
In addition to the International Cov- (8) The' police should always keep the use third degree methods and torture, make
welfare of the people in mind and be illegal and arbitrary arrests, harass family
enants and Constitutional as well as Legal
Safeguards, Article 2 of the United Na- sympathetic and considerate towards them.members of the suspects, humiliate and
tions Code of Conduct for Law Enforce- They should always be ready to offer degrade people and indulge in extrajudicial
ment Officers lays down that in the per-individual service and friendship and executions as well. Experience shows that
formance of their duties, law enforcement
render necessary assistance to all withoutthe worst violation of human rights often
officers shall respect and protect humanregard to their wealth or social standing.takes place during the course of investi-
dignity and maintain and uphold human (9) The police should always place duty gation when police often resort to third
rights of all persons. Law enforcement before self, should remain calm in the facedegree methods. It is a well known fact
of danger, scorn or ridicule and should bein many states, the police do away with
officials may use force only when strictly
necessary and to the extent required forready to sacrifice their lives in protecting individuals (bump off, in police parlance)
those of others.
performance of duty. Apart from the laws, in so-called encounters.
(10) The police should always be cour-
particularly the Indian Penal Code and the The requirement of producing arrested
teous and well-mannered. They should be persons in the court within the constitu-
Criminal Procedure Code, there are police
regulations and police manuals in every dependable and impartial; they should tional legal time limit of 24 hours is viola-
state laying down clear guidelines and possess dignity and courage and should ted with impunity. To circumvent tt-c I :w,
instructions in regard to the exercise of cultivate character and trust of people. police pick up people and detain them for
police powers. The Code of Conduct for (11) Integrity of the highest order is the many days without showing them as

Economic and Political Weekly May 29, 1999 1317

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arrested and if need be, the time of arrest mission obviously recognised the fact he
thathas been arrested and is being detained
- if arrest is recorded at all - is shown as as the denial of the liberty of a person
at is
the particular place unless the attesting
24 hours before they choose to producea serious matter and as arrest and detention witness of the memo of arrest is himself
the arrested person in the court. The illegalof a person can cause incalculable harmsuch a friend or relative of the arrestee.
detention of people for days together isto the reputation and self-esteem of
(4) a
The time, place of arrest and venue of
a widespread practice and monetary dealsperson, no arrest should be made in a
custody of an arrestee must be notified by
are struck for release or for minimising theroutine manner on a mere allegation ofthe
thepolice where the next friend or relative
torture. This practice is so common in thecommission of an offence made against of the arrestee lives outside the district or
Telangana part of AndhraPradesh in regarda person. The Supreme Court also in town
the through the Legal Services Organi-
to anyone suspected to be a sympathisercase of Joginder Kumar vs state of UP sation
and in the district and the police station
of naxalite parties that people have gotothers (1994 SCC (Crl) 1172) endorsed of the area concerned telegraphically
accustomed to such police conduct andand reiterated the recommendations of within the a period of eight to 12 hours after
feel greatly relieved and grateful to theNational Police Commission and emphas- the arrest.
police if anyone is allowed to return aliveised that no arrest can be made merely (5) The person arrested must be made
after being picked up! aware of his right to have someone in-
because it is lawful for the police officer
The National Police Commission in its to do so. It was explained clearly by formed
the of his arrest or detention as soon
third report while referring to the quality as he is put under arrest or detained.
court that the existence of power to arrest
of arrests by police in India considered is one thing but the justification for (6)
theAn entry must be made in the diary
that the power of arrest was one of the at the place of detention regarding the
exercise of it is quite another. No arrest
chief sources of corruption in the police. should be made without a reasonable arrest of the person which shall also dis-
As mentioned earlier, the report observed satisfaction being reached after some close the name of the best friend of the
that, that by and large, nearly 60 per centinvestigation as to the genuineness person
and who has been informed of the arrest
of the arrests were either unnecessary bona
or fides of a complaint and a reasonable
and the names and particulars of the police
unjustified. The commission expressed belief
its both as to the persons complicity
officials in whose custody the arrestee is.
deep concern and felt that it would and
be the need to effect arrest. (7) The arrestee should where he so re-
useful to lay down some broad guidelines quests be also examined at the time of his
REQUIREMENTS IN CASES OF ARREST
for making arrests. According to the arrest and major and minor injuries if any
commission, an arrest during the inves- In D K Basu vs Government of West present on his/her body must be recorded
tigation of a cognisable case, can be Bengal (1997 1 SCC 416) the Supreme at that time. The 'Inspection Memo' must
Court laid down that in addition to the
considered justified in one or other of the be signed both by the arrestee and the
following circumstances: statutory and constitutional requirements,police officer effecting the arrest and its
it would be useful and effective to struc-
(i) The case involves a grave offence like copy provided to the arrestee.
it appropriate machinery for contempo- (8) The arrestee shall be subjected to
murder, dacoity, robbery, rape, etc, andture
raneous recording and notification of all medical examination by a trained doctor
is necessary to arrest the accused and bring
his movements under restraint to infuse cases of arrest and detention to bring in every 48 hours during his detention in
confidence among terror stricken victims.transparency and accountability. The court custody by a doctor on the panel of ap-
(ii) The accused is likely to abscond andissued the following requirements to beproved doctors appointed by Director,
evade the processes of law. followed in all cases of arrest or detention- Health Services of the state or the union
(iii) The accused is given to violent till legal provisions are made in that behalf territory concerned. Director, health ser-
behaviour and is likely to commit further as preventive measures. vices should prepare such a panel for all
offencesunless his movements are brought(1) The police personnel carrying out the tehsils and districts as well.
under restraint. arrest and handling the interrogation of the (9) Copies of all the documents including
(iv) The accused is a habitual offender andarrestee should bear accurate, visible and the memo of arrest referred to above should
unless kept in custody, he is likely to clear identification and name tags with be sent to the 'Ilaqa' Magistrate for his record.
commit similar offences again. their designations. The particulars of all (10) The arrestee may be permitted to meet
The commission also considered that it such police personnel who handle such his lawyer during interrogation though not
would be desirable to insist through de- interrogation of the arrestee must be re- throughout the interrogation.
partmental instructions that a policecorded in a register. (11) A police control room should be
officer making an arrest should also record (2) The police officer carrying out the provided at all district and state headquar-
in the case diary the reasons for making arrest of the arrestee shall prepare a memo ters where information regarding the ar-
the arrest, thereby clarifying his confor-of arrest at the time of arrest and such rest and place of custody of the arrestee
mity to the specific guidelines. Unfortu- memo shall be attested by at least oneshall be communicated by the officer
nately, these recommendations have notwitness who may either be a member of causing the arrest within 12 hours of
been given effect to so far, though twothe family of the arrestee or a respectable effecting the arrest and at the police control
decades have passed since they were made. person of the locality from where the arrest room, it should be displayed on a con-
Once a person is taken into custoday, heis made. It shall also be countersigned by spicuous notice board.
is rendered vulnerable to abuse and torture the arrestee and shall contain the time and The Supreme Court observed that fail-
in the name of interrogation and hence, date of arrest. ure to comply with these requirements
any reduction in the number of arrests (3) A person who has been arrested or shall, apart from rendering the official
should serve to bring about a reduction detained and is being held in custody in concerned liable for departmental action
in the number of custodial crimes as well. a police station or interrogation centre or also render him liable to be punished for
The recommendations of the Police other lock-up shall be entitled to have one contempt of court and the proceedings for
Commission reflect the constitutional friend or relative or other person known contempt of court may be instituted in any
guarantee of the fundamental righttoto him or having interest in his welfare high court of the country having territorial
personal liberty and freedom. The com- being informed as soon as practicable that jurisdiction over the matter. They also

1318 Economic and Political Weekly May 29, 1999

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emphasised that the requirements referred lence is aggravated by the fact that itforward
is to give evidence. To prevent
to above flow from Articles 21 and 22(1) committed by persons who are supposed custodial violence it is necessary for the
of the Constitution and need to be strictly to be the protectors of the citizens. Itstate
is to make it clear that use of third
followed and these would apply with equal committed under the shield of uniform degree methods against persons in cus-
force to the other governmental agencies and authority within the four walls of tody
a will not be condoned and swift and
also having powers of arrest. The court police station or lock-up, the victim being
deterrent action will be taken against the
clarified that these requirements are in totally helpless. The protection of anperpetrators of such offences. Unfortu-
addition to the constitutional and statutory individual from torture and abuse by police
nately many senior officers of the govern-
safeguards and do not detract from various ment tacitly encourage torture and third
and other law enforcing officers is a matter
other directions given by the court from of deep concern in a free society. degree methods. It is essential to sensitise
time to time in connection with the safe- police at all levels to issues of human
The Supreme Court has observed that
guarding of the rights and dignity of thetorture of a human being by another humanrights and making it clear that extra legal
arrestee. methods are counter-productive.
being is essentially an instrument to impose
the will of the strong over the weak. As The suggestion made by the National
It is a matter of great concern that despite
the wide publicity given to the orders of vividly described by Supreme Court, custo-Police Commission in its First Report of
dial torture is a naked violation of human
the Supreme Court, there is very little February 1979 that there should be a
dignity and degradation which destroys, mandatory judicial enquiry in each case
adherence to them in practice. Such direc-
tives are treated with disdain and con- to a very large extent, the individual per- of custodial death, rape or grievous hurt
tempt by the executive, particularly sonality;
the it is a calculated assault on human should beadopted by the government. The
police. It is common knowledge that dignity and whenever human dignity is recommendation of Law Commission of
wounded, civilisation takes a step back- India made in its 11 3th report in July 1985
policemen in plain clothesjust whisk away
ward. As observed by the Supreme Court to introduce a rebuttable presumption in
persons, detain and torture them for days
in Kishore Singh vs state of Rajasthan Section 114B of the Indian Evidence Act
together and produce them before the courts
(AIR 1982 SC 625) "nothing is more
only if and when they choose to. The 1872 that injuries sustained by a person
police as an institution cares little forcowardly
the or unconscionable than a person in police custody may be presumed to
in police custody being beaten up and have been caused by a police officer should
orders of the court and any aggrieved party
nothing inflicts a deeper wound in or be accepted and written into the law. This
has to again go to the courts to seek remedy
or seek enforcement of the orders of the
constitutional culture than a state official will have a restraining effect on human
court. Even where the transgression is running berserk regardless ofhuman rights". right violations by the police.
admitted, no punitive action is taken against Deaths in police lock-up and encounters 'Encounter' is a term which has come
the police personnel on the dubious occur frequently and the fact that the into popular parlance, particularly in states
grounds of maintaining what is termed asmajority of the victims are from weaker like Andhra Pradesh, Maharashtra and
police morale. sections of the society and these deaths Uttar Pradesh. The process involved is
are the outcome of third degree methods that of extrajudicial killing after arresting
CUSTODIAL VIOLENCE
and flagrant violation of human rights ofor picking up persons. There is hardly any
Custodial violence has been the concern citizens are causing concern to right think- difference between an encounter and
of international comnunity as well. The ing people in India. The number of deaths custodial murder. The state agencies
Universal Declaration of Human Rightsin police custody was 136 in 1995-96 and become the law unto themselves and the
in 1948 stipulates in Article 5 that "No188 in 1996-97. The corresponding num- police convert themselves into prosecu-
ber of deaths in jail custody was 308 and tor, judge and executioner. Such state-
one shall be subjected to torture or to cruel,
inhuman or degrading treatment or pun- 700, respectively (Annual Report of the sponsored murders often go unchallenged
ishment". Despite this pious declaration, National Human Rights Commission, and become a part of an accepted admin-
custodial crime continues unabated. Cus- 1996-97). The number of persons killed istrative practice. The National Police
todial crimes are not new in India. As earlyin police encounters in Andhra Pradesh Commission itself strongly disapproved
as 1859, the commission to investigate in the current decade is well over a thou- of any action on the part of police which
alleged cases of torture in the then Madras sand and the deaths in 1997-98 alone were exceeds the limits imposed by law. Such
Presidency, commonly known as Torture as high as 275. extrajudicial killings, summary executions
Commission, pointed out that police tor- Section 220 of the Indian Penal Code and false encounters cannot be permitted
ture was widely prevalenteven at that time. provides for punishment to an officer who by a civilised society. If the government
The Indian Police Commission 1902-03 detains or keeps a person in confinement itself becomes the law-breaker, it will
also noted that a serious complaint against with a corrupt or malicious motive. Sec- cease to have any moral authority and will
the police is the unnecessary severity tion 330 and 331 provide for punishment only invite anarchy.
with which they discharge their duties. of those who inflict injury or grievous hurt
LEGAL SYSTEM AND THE POOR
The Gore Committee on Police Training on a person to extort confession in regard
1972-73 pointed out the structural causes to commission of an offence. Despite legal For many of those arrested even for
of custodial violence. The National Police provisions fettering exercise of arbitrary
petty crimes, obtaining of bail is yet another
Commission 1979-1980 also analysed the authority by police and detailed instruc-issue. Bail is possible only with financial
evils of custodial rape and violence. As
tions in the state police manuals prohi- backing. Many years ago, the Legal Aid
observed by the Supreme Court in biting abuse of powers by police person- Committee appointed by the government
D K Basu vs state of West Bengal, cus- of Gujarat in 1970 under P N Bhagwati,
nel while effecting arrests or interrogating
todial violence, including torture andsuspects at any stage of investigationthe ofthen Chief Justice of Gujarat High
deaths in the lock-ups, strikes a blow at Court stated:
the case, police personnel feel that they
the rule of law which demands that the can get away with the worst forms of The bail system causes discriminatioL,
power of the executive should not only custodial violence because it will be veryagainst the poor since the poor would not
be derived from law but also the same difficult to prove such a charge as there be able to furnish bail on account of their
should be limited by law. Custodial vio-
will be no eyewitnesses who can come poverty while the wealthier persons

Economic and Political Weekly May 29, 1999 1319

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 otherwise similarly situated would be able out in its report in August 1977 continuesthe least. They are completely mystified
to secure their freedom because they can to be valid: by the court proceedings and this to a large
afford to furnish bail. This discrimination the poor and disadvantaged are cut off extent alienates them from legal and
arises even if the amount of bail fixed by from the legal system - they are functionaljudicial process. And lastly, our system of
the magistrate is not high, for a large outlaws not only because they are priced administration of justice which is an
majority of those who are brought before out of the judicial system by reason on itsinheritance from the British is archaic
the courts in criminal cases are so poor expensiveness and dilatoriness but alsoand suffers from obsolescence' and
because of the nature of the legal andobscurantism. It is not at all adapted to
that they would find it difficult to furnish
judicial system. They have mistrust and our socioeconomic conditions and is
bail even in a small amount. The evil of
the bail system is that either the poorsuspicion of the law, the law courts and wholly unsuited to our national genius
accused has to fall back on touts and the lawyers for several reasons. One is The result is that it has failed to inspir
ignorance
professional sureties for providing bail or and illiteracy on their part which confidence in the poor and they have little
suffer pretrial detention. prevents them from taking advantage of faith in its capacity to do justice.
the legal process. Another is their help- No wonder in the above scenario of the
This continues to hold good even today.
lessness and lack of assertiveness which
Apart from the money involved, yet an- crim.ina! justice system existing in th
other important issue is the insistencearises
on, by reason of social disabilities andcountry, arrests run into millions, the jail
what is termed as a 'local' surety. Iteconomic
was dependence and that also places are overcrowded mostly with undertrial
the legal process effectively beyond theirand the courts are overstretched with
recently reported that there are more than
reach...The functioning of the courts is
3,000 inmates of Tihar jail who are several lakhs of pending criminal cases.
unfortunately shrouded in mystery for the
undertrials belonging to Bihar and Uttar Added to these are illegal detentions and
poor and underprivileged. There is an air
of excessive formalism in law courts which extrajudicial killings as well as deaths in
Pradesh accused of petty crimes like theft
who have secured bail but are unable to
overawes them and sometimes scares them. police and jail custody. Systemic reforms
find a local surety. Often the proceedings are conducted in a from a people-centred point of view
A few observations about the legallanguage which they do not understand.are long overdue. Institutions like the
system will also be necessary to completeThey do not know what is happening inNational Human Rights Commission and
the picture. It is also a well known andthe court. They sit as helpless spectators the Supreme Court of India have to take
unfortunate fact that the legal system iswithout understanding what is going onthe initiative in the matter as neither the
not easily accessible to the poor, the weakin the court in regard to their own case. state governments nor the central govern-
and the downtrodden... What justice It is an ironical situation that they whoment seem to be interested in meaningful
Bhagwati Committee on Juridicare pointedshould know most about their case know reforms.

Banking Strategy, Credit Appraisal ... A Dictionary of Finance

and Lending Decisions H and Banking, 2/e
A Risk-Return Framework (expanded edition)
Hrishikes Bhattacharya Mahbub ulHaq
0195648501 1998 (OIP) 019280067 1 1997 (OPB)
215x 140mm 736pp. Rs375 304pp OP: 7.99 Rs395

^^^B^^BB^^^BW^~~E ~~~~~Salt Lake Electronics Complex; Calcu

Delhi: 2/11 Ansari Road, Daryaganj, New Delhi 110
? Chennai: Oxford House, 219 Anna Salai, Chennai 60
The ResrveBan Mumbai: Oxford House, Apollo Bunder, Mumba

1320 Economic and Political Weekly May 29, 1999

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