At the same time, it is necessary to ensure that people are aware of their right to ask for bail, and that they have the legal support required to make the demand. Last year, President Droupadi Murmu raised this issue in the presence of Chief Justice D Y Chandrachud and law minister Kiren Rijiju. She had stated that a large majority of people languishing in India’s overpopulated jails are those who do not know anything about fundamental rights, the preamble and fundamental duties. Ensuring that these people have the best possible shot at justice, and the legal system treating them with fairness, is a responsibility that the judiciary led by the Supreme Court along with the government must deliver on.
Additionally, the government must, as asked by the Supreme Court last July, drawing on a similar act in Britain, move on a separate Bail Act to streamline the process of granting bail, something that will do much to correct injustice. Bail in India cannot be only the right of the rich, powerful and well-connected. This must change. The Supreme Court’s move to set its own house in order is a good start that needs additional addressing.
