What are the problems with the bail system in India?

Last week, G.N. Saibaba, a former professor at Delhi University, died, after being released from jail in March this year after spending 10 years incarcerated. He was jailed on terror charges – but was eventually found innocent by the Bombay High Court. The Court while acquitting him had criticised both the investigation and the trial court’s decision in finding him guilty. Despite being 90% disabled and on a wheelchair due to polio, Prof Saibaba, as per his own account was constantly denied access to medical care while in jail, denied medical bail during the pandemic and denied emergency bail during the death of his mother.

His case highlights once again, the problematic issue of bail in our criminal judicial system. Who has access to bail? How is bail given and can bail conditions be met by those seeking it? Does our bail system privilege the wealthy and leave out the vast majority of others? Is not being able to access or not being granted bail behind the problem of the huge number of undertrials in Indian jails and the overcrowding of the system?

Guest: Medha Deo, Programme Director, Fair Trial Programme of Project 39A from National Law University, Delhi

Host: Zubeda Hamid

Edited by Jude Francis Weston

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