Criminal Justice System also Needs Fair Policing

Context: There is a need to revamp the criminal justice system to instill a sense of security and liberty among the citizens.

Issues in the criminal justice system:

• Criminal victimisation: The emotional health of the criminal justice system is not given importance as pertinent an issue as its legal health. 

• A judicial magistrate in Bihar’s Araria town lost his cool and sent the disturbed victim to jail for insisting on reading her statement before she signed it.

• Judicial pusillanimity: The UAPA is about two sets of crimes. Unlawful activities and terrorist activities and in respect of the latter, only the consideration of bail is prohibited.

• While rejecting the bail plea of pregnant Jamia scholar Safoora Zargar, the court conflated unlawful activity with terrorist activity.

• Arbitrary detention under the NSA: The NSA is about disruption to public order and not law and order.

• But Dr Kafeel Khan was detained under the NSA for being a possible future threat to law and order for his anti CAA speeches. 

• Resorting to Sedition charges: During the anti-CAA protests, sedition charges were slapped on teenagers like Amulya Leona and ex-Jamia student Sharjeel Imam. 

Way forward:

• Democratic criminal justice system: By instilling a sense of security and ensuring liberty among the citizens. 
• Fairness in policing: Proper usage of instruments like arrest and bail to ensure fairness in policing.