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- Murder accused out on bail kills wife, 3 children in Varanasi
- Out On Bail In Kidnapping Case, UP Man Kidnaps Teen Again, Rapes Her: Cops
- Serving life in a POCSO case, man out on parole rapes minor daughter, niece in Chhattisgarh
A mere search using the words ‘Out on bail’ and ‘Out on Parole’ reveals countless headlines about individuals committing even worse crimes once out on bail. The fact that individuals, granted a second chance, go on to commit even worse crimes, cannot be ignored. These repeated stories raise a difficult question: Is the justice system, in its effort to protect the rights of the accused, inadvertently making victims more vulnerable? Are we placing the rights of offenders above the safety and dignity of those they harm? We must rethink the entire Indian criminal justice system and question whether, in its bid to ensure the fundamental rights of the accused, the system is eroding the rights of victims, making them more vulnerable and isolated than they were before.
This troubling trend underscores a fundamental flaw in how we assess the risks posed by offenders seeking early release. In a society that values justice, fairness, and rehabilitation, we must reconsider how we weigh the potential risks of releasing criminals back into society. The consequences of oversight can ripple far beyond individual tragedies, undermining societal trust in the very system meant to safeguard us all.
Bail and Parole: A Delicate Balance
To understand this issue, it’s important to first look at what bail and parole truly mean within our justice system.
Parole, from the French “je donne ma parole” (meaning “I give my word”), is the conditional release of a prisoner, often under supervision. There are two types: custody parole, granted for short-term emergencies like medical crises, and regular parole, which can extend for up to a month in special circumstances like family events or natural disasters.
Bail, meanwhile, is the temporary release of an accused person awaiting trial. The court grants bail after considering the nature of the offense, the accused’s behavior, and the potential risks posed to the community. It strives to balance an individual’s right to liberty with the need for justice.
In theory, both bail and parole are meant to protect the fundamental rights of the accused while preserving fairness in the legal system. But their growing misuse reveals a broken system in need of reform. Without stronger oversight and deeper scrutiny, these mechanisms could become yet another way to let offenders slip through the cracks and put society at risk.
What Needs to Be Done
1. Rigorous Risk Assessment
One of the most glaring shortcomings in the current system is the failure to adequately assess the risk posed by individuals before granting them bail or parole. Offenders with a history of violence or sexual crimes are sometimes released without a thorough evaluation of the danger they pose to society. This highlights the urgent need for stricter protocols in determining eligibility. The first checkpoint must be a robust and standardized risk assessment process, ensuring that individuals with a high likelihood of reoffending are not granted release. Sexual offenders, in particular, require a far more stringent review process, given the devastating impact of their crimes on victims and communities.
2. Enforcing Strict Accountability
We need to ensure that those making decisions about bail and parole are held to the highest standards. Judges, parole boards, and law enforcement officials must be accountable for the choices they make. These decisions should never be made on a whim or based on procedural shortcuts. We must introduce mandatory reporting, follow-up checks on released individuals, and regular audits of the decision-makers involved. Only through such rigorous measures can we cultivate a culture of responsibility and reduce the risk of further harm.
3. Sex Offenders Registry
To reduce recidivism and track repeat offenses, India launched a sex offenders registry in 2018. The registry allows the government to monitor offenders, but it is currently only accessible to law enforcement agencies. In other countries, such as the US, such a registry can be accessed by the public, allowing individuals to check the safety of their neighbourhoods. In India, however, the registry is kept private to protect the accused from social stigma.
While the registry sounds promising in theory, we must question whether this extra cover of security for the accused is justified. In a country where a child or woman who is raped often carries the stigma for the rest of their lives, it’s hard to justify additional protection for the offender.
I recently came across a tweet by child rights activist Bhuwan Ribhu: “Shame must shift sides.”
This insightful remark by Bhuwan Ribhu perfectly captures what we urgently need in our society—a reversal of perspective. As per a newspaper report, as many as 44 child sex abuse survivors have died by suicide since 2016. This is a shocking revelation considering the number isn’t even close to reality. The long wait for justice, the overall perception of the society, the burden of shame and system – everything adds to what children go through after the sex abuse trauma.
We must stop seeing victims as the culprits and start holding accountable those who cause harm. Every failure to protect a child or woman from sexual violence reflects a societal failure in how we view justice and human rights. It’s time to take a hard look at our legal frameworks, push for reform, and ensure that the rights of the victim are never again sacrificed in the name of justice for the accused.
These pieces are being published as they have been received – they have not been edited/fact-checked by ThePrint.