India to Grant Bail to Long-Term Detainees Awaiting Trial
India’s Home Minister Amit Shah has announced measures to alleviate the country’s chronic court backlog by granting bail to detainees awaiting trial for non-serious crimes if they have completed at least one-third of their potential sentence.
The move aims to address the slow pace of India’s justice system, where millions of cases remain unresolved. Government data from early 2024 indicates that 134,799 individuals are in pre-trial detention, including 11,448 who have been imprisoned for more than five years without a conviction.
Constitution Day Target
Shah set an ambitious goal to release eligible detainees before Constitution Day on November 26. “It is our effort that before Constitution Day, there should not be a single prisoner in the country’s jails who has served one-third of his sentence and has not yet got justice,” Shah said during a speech to police officers, according to The Times of India.
Under the new plan, jail officials will be responsible for initiating bail applications for detainees whose trials have stalled beyond a certain period.
Exclusions and Concerns
The initiative excludes individuals accused of serious crimes, including those detained under the Unlawful Activities Prevention Act (UAPA), a law criticized for permitting indefinite detention without trial. Critics argue the UAPA has been used to suppress dissent.
A Struggling Justice System
India’s courts have long been plagued by delays. The Supreme Court previously warned that the legal system’s sluggish pace risks disillusioning victims, with some cases dragging on for as long as 65 years.
Despite calls for reform, India has yet to make substantial investments in digital infrastructure to streamline case management. The country also faces a severe shortage of judges, with only 21 per million people—a ratio far below global averages.
Shah reiterated his commitment to a “scientific and speedy” criminal justice system, emphasizing the importance of addressing the issue to ensure timely justice for all.
