Bail Law and Supreme Court call for Reform

The Supreme Court underlined the pressing need for reform in the law related to bail and called on the government to consider framing a special legislation on the lines of the law in the United Kingdom.

What is Bail?

Bail is the conditional release of a defendant with the promise to appear in court when required.

The term also means the security that is deposited in order to secure the release of the accused.

Types of Bail in India

Depending upon the sage of the criminal matter, there are commonly three types of bail in India:

Regular bail: A regular bail is generally granted to a person who has been arrested or is in police custody. A bail application can be filed for the regular bail under section 437 and 439 of CrPC.

Interim bail: This type of bail is granted for a short period of time and it is granted before the hearing for the grant of regular bail or anticipatory bail.

Anticipatory bail: Anticipatory bail is granted under section 438 of CrPC either by session court or High Court. An application for the grant of anticipatory bail can be filed by the person who discerns that he may be arrested by the police for a non-bailable offense.

Conditions for Grant of Bail in Bailable Offences

Section 436 of the Code of Criminal Procedure, 1973, lays down that a person accused of a bailable offense under IPC can be granted bail if:

There are sufficient reasons to believe that the accused has not committed the offence.

There is sufficient reason to conduct a further inquiry in the matter.

The person is not accused of any offence punishable with death, life imprisonment or imprisonment up to 10 years.

Conditions for Grant of Bail in Non-Bailable Offences

Section 437 of Code of Criminal Procedure, 1973 lays down that the accused does not have the right to apply for bail in non-bailable offences.

It is discretion of the court to grant bail in case of non-bailable offences if:

The accused is a woman or a child, bail can be granted in a non-bailable offence.

There is a lack of evidence then bail in non-Bailable offenses can be granted.

There is a delay in lodging FIR by the complainant, bail may be granted.

The accused is gravely sick.

What is the recent ruling about?

The Supreme Court underlined that arrest is a draconian measure that needs to be used sparingly.

The ruling is essentially a reiteration of several crucial principles of criminal procedure.

Why bail needs reform?

Huge pendency of undertrials: Referring to the state of jails in the country, where over two-thirds lodged are undertrials,

Indiscriminate arrests: Of this category of prisoners, majority may not even be required to be arrested despite registration of a cognizable offense, being charged with offenses punishable for seven years or less.

Disadvantageous for some sections: They are not only poor and illiterate but also would include women. Thus, there is a culture of offense being inherited by many of them.

Colonial legacy: Theoretically, the court also linked the idea of indiscriminate arrests to magistrates ignoring the rule of “bail, not jail” to a colonial mindset.

What is the law on bail?

The CrPC does not define the word bail but only categories offences under the Indian Penal Code as ‘bailable’ and ‘non-bailable’.

The CrPC empowers magistrates to grant bail for bailable offences as a matter of right.

This would involve release on furnishing a bail bond, without or without security.

And what is the UK law?

The Bail Act of the United Kingdom, 1976, prescribes the procedure for granting bail.

A key feature is that one of the aims of the legislation is “reducing the size of the inmate population”.

The law also has provisions for ensuring legal aid for defendants.

The Act recognises a “general right” to be granted bail.

What has the Supreme Court held on reforms?

The court’s ruling is in the form of guidelines, and it also draws the line on certain procedural issues for the police and judiciary:

Separate law on Bail: The court underlined that the CrPC, despite amendments since Independence, largely retains its original structure as drafted by a colonial power over its subjects.

Uniform exercise of discretionary powers: It also highlighted that magistrates do not necessarily

Avoid indiscriminate arrests: The SC also directed all state governments and Union Territories to facilitate standing orders to comply with the orders and avoid indiscriminate arrests.

National Child Labour Project (NCLP)

The Centre does not have any data on child labour in the country and a reason for this is the drying up of budgetary provisions meant for the National Child Labour Project (NCLP).

What is Child Labour?

The term “child labour” is often defined as work that deprives children of their childhood, their potential and their dignity, and that is harmful to physical and mental development.

It refers to work that:

is mentally, physically, socially or morally dangerous and harmful to children; and/or

interferes with their schooling by: depriving them of the opportunity to attend school; obliging them to leave school prematurely; or requiring them to attempt to combine school attendance with excessively long and heavy work.

National Child Labour Project (NCLP)

The NCLP Scheme is a Central Sector Scheme under the Ministry of Labour.

Under this Scheme the District Project Societies (DPS) are set up at the district level under the Chairmanship of the Collector/District Magistrate to oversee the implementation of the project.

Under this Scheme, the children in the age group of 9-14 years are withdrawn from work and put into NCLP Special Training Centres.

They are provided with bridge education, vocational training, mid-day meal, stipend, health care etc. before being mainstreamed into formal education system.

The children in the age group of 5-8 years are directly linked to the formal education system through a close coordination with the Sarva Shiksha Abhiyan.

A dedicated online portal named PENCiL (Platform for Effective Enforcement for No Child Labour) is developed for better monitoring and implementation.

Why in news now?

No ministry had any data regarding the status of child labour in our country.

The NCLP’s schools for child labourers work for three to four years and they have also more or less stopped functioning due to scarcity of funds.

Education Ministry also does not have a mechanism to find out the number of children engaged in child labour.

Grave concerns of the issue

This is a serious situation.

It is for the first time that a parliamentary panel is engaged in a detailed examination of the national policy on child labour.

Though we have legislation, the Child Labour (Prohibition and Regulation) Act, since 1986 the menace of child labour is continue unchecked.

Various provisions against Child Labour

Article 23 of the Indian Constitution states that any type of forced labour is prohibited.

Article 24 states that a child under 14 years cannot be employed to perform any hazardous work.

Article 39 states that “the health and strength of workers, men and women, and the tender age of children are not abused”.

The Child Labour Act (Prohibition and Regulation) 1986 prohibits children under the age of 14 years to be working in hazardous industries and processes.

National Emblem of India

A day after the National Emblem cast on top of the under-construction Parliament unveiled, controversy has erupted over its aggressive posture.

National Emblem of India

On 26 January 1950, a representation of the Lion Capital of Ashoka placed above the motto, Satyameva Jayate, was adopted as the State Emblem of India.

The emblem is an adaptation of the Lion Capital of Ashoka, an ancient sculpture dating back to 280 BCE during the reign of the Maurya Empire.

It was originally made of Chunar sandstone.

The statue is a three-dimensional emblem showing four lions.

Features of the emblem

The actual Sarnath capital features four Asiatic lions standing back to back, symbolizing power, courage, confidence, and pride, mounted on a circular base.

At the bottom is a horse and a bull, and at its center is a Dharma chakra.

The abacus is girded with a frieze of sculptures in high relief of The Lion of the North,

The Horse of the West, The Bull of the South, and The Elephant of the East, separated by intervening wheels, over a lotus in full bloom, exemplify the fountainhead of life and creative inspiration.

Carved from a single block of sandstone, the polished capital is crowned by the Wheel of the Law.

Historical significance

One of the Buddha’s names is ‘Shakya Simha’, meaning ‘Lion of the Shakyas’.

The Buddha’s first sermon at Sarnath was known as the ‘Simhanada’ (Lion roar) of the Buddha.