True Measure Of Justice System Is In How It Treats Those Under Custody : CJI-Designate Sanjiv Khanna Flags Prison Overcrowding

Justice Sanjiv Khanna of the Supreme Court on Tuesday highlighted the significance of open prisons in addressing the critical issue of overcrowding in Indian prisons, noting that the country's prison facilities currently house approximately 520,000 inmates despite being designed for far fewer.He emphasized that the true measure of a justice system extends beyond its verdicts, lying instead in how it treats individuals in custody. He highlighted the plight of countless individuals confined within India's prisons, shaped by “deprivation and circumstance,” many of whom are undertrials waiting years for their cases or appeals to be heard. Justice Khanna noted that these delays and limitations particularly impact the poor and vulnerable, who often lack the financial means to secure bail or appeal their incarceration. He stressed that, while the law may impose retributive penalties, there is a duty to rehabilitate, especially for first-time offenders who “should not be defined by a single act.”Justice Khanna highlighted that in these 91 open prisons across the country, including 51 in Rajasthan, inmates are given a chance to rebuild their lives while serving their sentences. Rajasthan's open prison model, which accommodates about 1,316 of its 4,511 convicted prisoners (roughly 29.2%), has seen positive outcomes with lower operational costs, minimal escape incidents, negligible repeat offenders, and, most importantly, restored human dignity.“Rajasthan, with 51 open prisons, has set the benchmark for humane incarceration - open not just in name but in practice…Here, inmates not only live with their families but rebuild their lives while serving sentences. The results speak for themselves: lower operational costs, negligible escapes, and insignificant repeat offenders, and most importantly restored human dignity. These success stories reaffirm an essential truth - given dignity and opportunity, renewal is possible. Through vocational training and skilling programs, many prisons' prepare the inmates for reintegration into society. The task we all know is a work in progress”, Justice Khanna said.Justice Khanna was speaking at the Rashtrapati Bhavan in an event for release of three Supreme Court publications. The three publications released by the President Droupadi Murmu are Justice for the Nation: Reflections on 75 Years of the Supreme Court of India, Prisons in India: Mapping Prison Manuals and Measures for Reformation and Decongestion, and Legal Aid through Law Schools: A Report on Working of Legal Aid Cells in India.Justice Khanna highlighted the President's 2022 Constitution Day address, in which she emphasised how poverty and social stigma prevent many from securing bail. Justice Khanna added that the President's consistent emphasis on the obstacles faced by underprivileged sections, including costs and delays in the legal system, reflects her understanding of ground realities.Justice Khanna also acknowledged the efforts of Chief Justice of India DY Chandrachud, stating that under the CJI's leadership the Supreme Court has prioritized access to justice and data-driven reforms. He said that the Chief Justice has advanced the role of the Centre for Research and Planning as a think tank within the judiciary, emphasizing transparency and critical self-assessment as essential for judicial growth.On legal aid, Justice Khanna noted that India's framework goes beyond traditional legal support to include victims, witnesses, and families, aiming to address socio-economic disadvantages. Justice Khanna underscored the role of the National Legal Services Authority's extensive network of panel lawyers, pro-bono attorneys, and paralegal volunteers.Justice Khanna stressed the importance of involving law students in legal aid, highlighting a disconnect between students and beneficiaries due to interpersonal skill gaps and trust deficits. “Educational institutions have demonstrated their potential, with over one lakh legal awareness programs successfully executed in the past year alone. Yet the challenges and reality reflect a disconnect between students and legal aid beneficiaries. This is for several reasons which include interpersonal skills and trust deficit. The solution lies in thoughtfully integrating law students into our existing network, guided by the understanding that effective legal aid must be attuned to beneficiaries' needs and sensibilities. Students need targeted guidance, training and involvement in the larger cause of legal aid dispensation, moving beyond the silos of university clinics”, he said.The publication 'Justice for the Nation' features 20 essays by eminent jurists on the Court's evolution across fundamental rights, environmental protection, and federalism, among other themes. Justice Khanna described this volume as a chronicle of the Supreme Court's adaptability and commitment to its core principles, from paper-based filings to digital solutions and from traditional litigation to alternative dispute...

True Measure Of Justice System Is In How It Treats Those Under Custody : CJI-Designate Sanjiv Khanna Flags Prison Overcrowding

Amisha Shrivastava

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