LawChakra

“Reform Criminal Laws to Ease Overcrowded Prisons” – CJI Sanjiv Khanna Highlights the Need for Change

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Chief Justice Sanjiv Khanna stressed the urgency for reforms in India’s criminal justice system, highlighting overcrowded prisons and the high number of undertrial prisoners. A campaign was launched to assist elderly and terminally ill inmates. Emphasis was placed on raising legal awareness and ensuring humane treatment to promote a more equitable justice system that respects human rights.

New Delhi: Chief Justice of India (CJI) Sanjiv Khanna on Tuesday (Dec 10th) emphasized the urgent need for reforms in India’s criminal justice system, particularly addressing the alarming issue of overcrowded prisons. Speaking at a Supreme Court event commemorating International Human Rights Day, he shed light on the “staggering number of undertrial prisoners exceeding the national capacity.”

“Criminal courts require reform. We have decriminalised a lot of laws, but a lot of work remains to be done. Laws require a change. This becomes important when we look at the number of undertrial prisoners. National capacity of undertrial prisoners is 4 lakh 36 thousand, but our prisoners are 5 lakh 19 thousand undertrials, which is much more,”

CJI Khanna noted.

The event also marked the launch of a special campaign by the National Legal Services Authority (NALSA) to focus on the release of prisoners over the age of 70 and those suffering from terminal illnesses. This initiative aims to address the systemic gaps in providing compassionate justice.

Justice Surya Kant spoke about the plight of terminally ill prisoners, underscoring their right to “palliative care and family support.” He stated,

“Punishment has to be proportionate to the crime, and when it becomes inhuman, it becomes retributive. Thus, policy must kick in to secure their release.”

Justice BR Gavai highlighted another pressing issue: the lack of awareness among individuals about their legal rights during critical stages like pre-arrest, arrest, and remand. “Persons arrested are often unaware of their rights or how to navigate the legal process,” he said, stressing the importance of bridging this gap through education and support.

Adding to the discourse, Minister of State for Law and Justice, Arjun Ram Meghwal, called for introspection on strengthening human rights values. He urged a collective effort to uphold the dignity and rights of every individual, including the most marginalized.

The event brought into sharp focus the need for a balanced approach to criminal justice—one that emphasizes both accountability and humanity. By addressing overcrowded prisons, raising awareness of legal rights, and ensuring humane treatment of terminally ill prisoners, India can take significant steps toward a more equitable justice system.

These reflections reinforce the commitment to reforming criminal laws and adopting policies that align with the principles of human rights and restorative justice.

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