JOIN USThe widespread concern expressed in Parliament by many members over the arrest and long incarceration without trial of Muslim youth on terrorism charges will be shared by everyone. A large number of them are hauled up on false charges or on the basis of suspicion because of an unfortunate institutional bias or even personal prejudices within the system.
Trials in many cases do not take place for years and when they are acquitted they have lost a good part of their lives. Even after release they have to live their lives with a stigma and are in real life denied many opportunities available to others.
They also continue to be under a shadow of suspicion. Their families suffer in various ways. The lost life and name are never compensated for. There is no relief for the victims and their families and there is no action against those who implicated them in cases without sufficient grounds.
The government’s promise that it would take action if such cases are brought to its notice is no solution.
It would not be possible to take all individual cases for consideration by the government. There should be safeguards within the system and a change in the functioning and attitudes of investigating personnel so that innocent people are not arrested and thrown into prison for long periods without hope of justice. It is a human issue which questions the efficacy of the rule of law. In fact the problem of incarceration of undertrials goes beyond the issue of terrorism suspects. Undertrials account for 67 per cent of the country’s prison population.
Many of them spend time in jail for longer periods than they would have served if they had been convicted. Some time ago there was the case of a tribal from Assam who had to spend 54 years in jail on a simple charge of physical assault and was never tried. Most such victims of injustice are from the weaker sections of society.
The Central government recently advised states to release all undertrials if and when they complete half the term of their possible prison term. Last year also the government had announced a similar plan but it was not implemented and was duly forgotten. When innocent people or people who have committed minor offences are dumped in jails with hardened criminals, they tend to become criminals themselves. More than that, it calls into question the fairness of the system of justice.