UAPA – Right To Bail : Indian Judiciary Unable To Defend Basic Human Right !

Indian legal system and it’s constitution makes its courts responsible , and asks them to stand strong,  to keep uplift constitutional basic fundamental rights , which results in strengthening human rights and rights to freedom in India.

 It’s a part and parcel of the courts to guide and ask country’s legislature and parliament to respect basic fundamental rights of Indian constitution and if courts find , any law framed or amended by legislature, is harming fundamental rights,  then courts have basic duty to stand against and raise their voice to repeal that law which coincides the basic fundamental rights enforced by constitution.

But in the recent times , entire Indian legal system, courts , and judiciary , all  seemed weaker before legislature & govt. as it didn’t stood against draconian UAPA law which directly insults the very basic fundamental & human rights in India.

The cases of Umer Khalid custody , recent slapping of INR 3 lakh on poor family of IPS Sanjeev Bhatt by Supreme Court on just a plea of bail , shows kneel down of the part of Indian Judiciary before political autocracy , shows weakest judiciary in the Indian history after Its independence.

Right To Bail & freedom – is a fundamental right of every individual to be presumed innocent until proven guilty by a court of law. However, in India, this right seems to be only on paper when it comes to the issue of bail. In recent years, there has been a gross violation of fundamental human rights as courts have been denying bail to accused individuals, leading to their prolonged incarceration and deprivation of their freedom.

Bail, simply put, is the temporary release of an accused person from custody upon a bond or security being provided. It is granted to an accused to ensure that they will appear in court for their trial and not flee. It is also a way to safeguard their fundamental right to liberty.

But in India, the concept of bail has become a mirage for many. The bail laws in our country are often misused and manipulated, leading to an absurd situation where the innocent are denied bail while the guilty roam free. The courts, which are meant to uphold justice and protect human rights, have been consistently denying bail to individuals without proper justification.

One of the main reasons behind this denial of bail is the misuse of the concept of “judicial discretion”. While the judiciary has the power to deny bail in certain cases, it should only be exercised in exceptional circumstances. However, in India, it is often used as an excuse to deny bail without any valid reason.

Moreover, the process of getting bail in India is notoriously slow and complex. The accused has to prove their innocence and convince the court that they are not a flight risk, which can be a lengthy and exhausting process. This not only violates their fundamental right to liberty but also goes against the principle of “innocent until proven guilty”.

Furthermore, the denial of bail disproportionately affects the marginalized and underprivileged sections of society. Due to financial constraints, many individuals are unable to obtain a surety or provide the required amount for bail. This results in their prolonged incarceration, even for minor offenses, which not only violates their human rights but also has a detrimental effect on their lives and families.

The issue of denial of bail in India has also caught the attention of international organizations. In 2011, the United Nations Human Rights Council’s Working Group on Arbitrary Detention raised concerns about the misuse of bail laws in India. The group stated that “the inability to obtain bail or provide a surety amount constitutes discrimination against the poor and marginalized sections of society.”

It is high time for the Indian judiciary to take a stand against the arbitrary denial of bail. The courts must closely scrutinize the reasons for denying bail and ensure that it is not used as a tool to suppress the rights of the accused. The process of obtaining bail should be made more accessible and efficient, especially for the economically weaker sections of society.

In conclusion, denying bail to individuals in India is a blatant violation of their fundamental human rights. The concept of “innocent until proven guilty” must be upheld, and the misuse of bail laws must be curbed. Our courts must remember that their duty is to uphold justice and protect the rights of every citizen, regardless of their economic or social status. It is time to put an end to this gross violation and ensure that the right to freedom is not just a mere aspiration but a reality for every individual in India.

Chaman Singh

Legal Desk (India )

Voice of the People International