When Bail Becomes the Punishment
How India’s pretrial system turns liberty into a luxury and justice into a privilege
In a constitutional democracy, bail is supposed to be the rule, not the exception.
And yet, for thousands of undertrials in India, bail is neither quick nor affordable. It’s delayed. Denied. Or dangled like a reward for silence.
Across India’s jails, more than 75% of inmates are undertrials, not yet convicted, often not even formally charged. Many of them are behind bars for petty or bailable offences, stuck not because of guilt, but because of poverty and systemic indifference.
We often hear judges talk about “bail, not jail” in theory. But in practice:
Bail applications are routinely delayed.
Conditions are set beyond reach.
Bureaucratic hurdles prolong detention.
This isn’t justice. It’s punishment by process.
When liberty depends on privilege,
When freedom hinges on paperwork,
And when the poor are punished before trial —
The law itself must be put on trial.
It’s time India looked at bail not as an administrative detail, but as a litmus test for fairness.
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