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President Donald Trump on Monday signed an executive order targeting cashless bail in the US. The order cuts federal funding for jurisdictions which allow the practice.
UPSC Relevance
Knowledge on Legal concepts and laws is often tested in Prelims
PYQ
2021
With reference to India, consider the following statements:
1. When a prisoner makes out a sufficient case, parole cannot be denied to such prisoner because it becomes a matter of his/her right.
2. State Governments have their own Prisoners Release on Parole Rules.
Which of the statements given above is/are correct?
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2
Bail
Bail is the conditional, temporary release of a person accused of a crime from custody while they await their trial or other legal proceedings.
The primary purpose of bail is to ensure an accused person appears for their trial and doesn’t interfere with the investigation. One common method for this is requiring a cash deposit as a form of surety. If the accused fails to pay, they remain in jail until their trial.
Difference between a Bail and Parole
Feature
Bail
Parole
Timing
Granted before a person has been convicted and sentenced. It is a pre-trial release.
Granted after a person has been convicted and has served a portion of their sentence.
Purpose
To ensure the accused person appears for their trial and doesn’t interfere with the legal proceedings (e.g., tampering with evidence or intimidating witnesses). It is based on the presumption of innocence.
To conditionally release a prisoner who has demonstrated good behavior and has a low risk of re-offending. Its purpose is to aid in rehabilitation and reintegration into society.
Legal Status
The person is an accused or a defendant, not a convicted criminal.
The person is a convict who is still serving their sentence, but outside of prison.
Decision-Maker
A judge or magistrate in a court of law.
A parole board or prison authorities, based on the prisoner’s conduct and eligibility.
Basis of Release
The release is a matter of legal right in bailable offenses, or a matter of judicial discretion in non-bailable offenses, often dependent on factors like the nature of the crime and the accused’s risk of flight. It often involves a monetary deposit or a surety.
The release is a privilege, not a right. It is a reward for good behavior in prison and is subject to the discretion of a parole board.
Cashless Bail
Cashless bail, as advocated in the US, aims to eliminate the requirement of a cash deposit for release.
Proponents argue that the current system disproportionately affects the poor, who may be kept in jail for minor offenses simply because they can’t afford bail.
A notable case is that of Kalief Browder, who spent three years in jail on a minor charge because he couldn’t pay $3,000 for bail; the case was later dropped, and Browder died by suicide. This case highlights how a cash bail system can lead to severe injustices, especially for the impoverished and marginalized.
Bail in India
Chapter 35 of the Bhartiya Nagarik Suraksha Sanhita, 2023, which replaced the Code of Criminal Procedure, 1973, lays down the process for releasing a person on bail :
Bond: The accused signs a bond agreeing to the bail terms. This often involves a cash deposit, with the amount based on the crime and the accused’s financial situation. The deposit is refunded upon the trial’s conclusion but can be forfeited if the accused violates the conditions.
Personal Recognisance Bond (PR Bond): For those unable to pay, courts may consider a PR bond, which requires the accused to arrange the cash within a specific time after their release. However, the article notes that these pleas are often rejected by trial courts.
Bail Bond: This involves a third-party surety, such as a friend, family member, or employer, who guarantees the accused will abide by the conditions and appear for trial. This person may need to demonstrate financial stability, such as through a solvency certificate in Mumbai courts.
Types of Bail
Type
Description
Legal Provision
When ?
Regular Bail
Granted to a person who is already arrested and in police or judicial custody. The purpose is to secure their release from jail pending investigation and trial.
BNSS, Chapter 35, Section 480 and 483 (equivalent to CrPC Sections 437 and 439).
After a person has been arrested for a cognizable offense (bailable or non-bailable).
Interim Bail
A temporary and short-term bail granted by a court. It’s a stop-gap measure to provide immediate protection from arrest while an application for regular or anticipatory bail is pending.
Not explicitly defined in law, but courts use their discretionary power under BNSS to grant it.
When an accused needs temporary relief from custody for an urgent reason or while waiting for a decision on their main bail application.
Anticipatory Bail
A pre-arrest bail granted to a person who apprehends arrest for a non-bailable offense. It is a direction from the court to release the person on bail immediately if they are arrested for the specified offense.
BNSS, Chapter 35, Section 482 (equivalent to CrPC Section 438).
Before a person is arrested, when they have a reasonable fear of being taken into custody for a serious crime.
Statutory/Default Bail
A right to bail that arises when the police or an investigating agency fail to complete their investigation and file a chargesheet within a legally specified timeframe (e.g., 60 or 90 days, depending on the crime).
BNSS, Chapter 15, Section 187(2) (equivalent to CrPC Section 167(2)).
When the mandatory period for investigation has expired and the accused is still in judicial custody. This is a matter of right for the accused.
Need for Bail Reform
Many undertrial prisoners remain in jail despite being granted bail because they cannot afford the monetary sum, sometimes as low as Rs 5,000.
The 268th report of the Law Commission of India (2017) stated that basing bail on monetary surety is “contrary to Constitutional ethos” and could lead to discrimination and infringe upon the fundamental right to a fair trial.
In 2023, the Indian Supreme Court issued guidelines to address this issue, directing jail superintendents to inform the District Legal Services Authority (DLSA) if an accused remains in prison for more than a week after being granted bail. The DLSA can then send a lawyer or paralegal to help secure the prisoner’s release.
Odonatologists have reconfirmed the presence of the elusive dragonfly species Crocothemis erythraea in the high-elevation regions of the southern Western Ghats. The species had previously been misidentified or overlooked in this region.
UPSC Relevance
Species and their peculiar behavior is often asked in UPSC Prelims.
PYQ
2022
Which of the following is not a bird?
(a) Golden Mahseer
(b) Indian Nightjar
(c) Spoonbill
(d) White Ibis
2024
Consider the following:
Carabid beetles
Centipedes
Flies
Termites
Wasps
Parasitoid species are found in how many of the above kind of organisms?
(a) Only two
(b) Only three
(c) Only four
(d) All five
Key Findings on Crocothemis erythraea in the Western Ghats
Rediscovery of an Elusive Species: Odonatologists have confirmed the presence of the dragonfly species Crocothemis erythraea in the high-elevation regions of the southern Western Ghats. This rediscovery is significant because the species was previously misidentified or overlooked.
An odonatologist is a person who studies or is an expert in the order of insects known as Odonata. This group includes dragonflies, damselflies, and other related insects. The scientific study itself is called odonatology.
Confusion with a Similar Species: The species was often mistaken for Crocothemis servilia, a more common and widespread dragonfly found in lowland areas. Both species belong to the same genus, and their close resemblance led to the misidentification.
Geographic Distribution: Before this study, C. erythraea was known to inhabit high-elevation regions in Europe and Asia, including the Himalayas. In contrast, C. servilia is common in India’s lowland habitats. The new findings confirm that both species coexist in the Western Ghats.
Historical Context: Researchers suggest that C. erythraea likely colonized southern India during the Pleistocene Ice Age. The cooler climate during this period would have allowed the species, which prefers temperate conditions, to extend its range southward into the Western Ghats.
Features of Dragonfly
Powerful Predators: Dragonflies are effective carnivores as both adults and in their aquatic larval stage, known as nymphs or naiads. As adults, they are skilled aerial hunters, catching and eating other flying insects like mosquitoes, flies, and gnats. They often achieve a remarkable success rate.
Expert Fliers: They rank among the fastest and most agile insects in the world. They can fly forward, backward, sideways, and even hover in place. This ability comes from their independent movement of two pairs of wings.
Exceptional Vision: Their most notable feature is their large, multifaceted compound eyes, which cover much of their head. These eyes provide nearly a 360-degree field of vision and are essential for hunting prey in mid-air.
Aquatic Larval Stage: Most of a dragonfly’s life is spent as a nymph living underwater in ponds, streams, or rivers. This larval stage can last for months or even years. The nymph is also a fierce predator, equipped with a unique extendable jaw for capturing prey.
Incomplete Metamorphosis: Dragonflies go through incomplete metamorphosis. Their life cycle has three stages: egg, larva (nymph), and adult, skipping the pupal stage that insects like butterflies undergo.
Distinctive Appearance: Adult dragonflies are recognized by their long, slender bodies, two pairs of strong, transparent or brightly colored wings, and vibrant, often changing colors.
Dragonfly rest with their wings held out horizontally, which sets them apart from their close relatives, the damselflies, that hold their wings folded back over their abdomens.
Recent incidents of young women being tortured and killed, allegedly over dowry demands, point to the cracks in the gender justice system and failure of a “civilised” society.
UPSC Relevance
GS1, Role of Women and Women’s Organization, Population and Associated Issues, Poverty and Developmental issues, Urbanization, their problems and their remedies.
PYQ
2019
What are the continued challenges for women in India against time and space?
2023
Explain why suicide among young women is increasing in Indian society.
2024
Distinguish between gender equality, gender equity and women’s empowerment. Why is it important to take gender concerns into account in programme design and implementation?
Dowry-Related Deaths in India
Prevalence of Dowry Deaths: The illegal practice of dowry continues to be a significant issue across India, as evidenced by a recent string of reported deaths. In the last three months, cases have been reported from states like Uttar Pradesh and Tamil Nadu and cities like Chandigarh, with victims facing dowry-related violence, harassment, and suicide.
Official Statistics and Underreporting: According to the National Crime Records Bureau (NCRB), an average of 7,000 dowry-related deaths were reported annually between 2017 and 2022. It’s important to note that this is considered a conservative estimate, as many such deaths go unreported.
Geographical Concentration: Dowry deaths are particularly prevalent in certain regions of India:
Dowry was the motive behind over 6,100 murders from 2017 to 2022.
Over 60% of these murders occurred in West Bengal, Odisha, and Bihar.
80% of all dowry death cases were filed in nine states: West Bengal, Odisha, Bihar, Jharkhand, Uttar Pradesh, Madhya Pradesh, Rajasthan, Haryana, and Rajasthan.
Among major cities, Delhi accounted for the highest number of dowry death cases, comprising 30% of all reported incidents.
Why Dowry?
Patriarchy and Control: Historically, many societies were structured patriarchally, meaning men held the primary power and authority. Women were often seen as the property of their fathers and, later, their husbands. Dowry emerged as a transfer of this “property” from one male head of a household to another. It was a way for the bride’s family to demonstrate their wealth and status, but it also functioned as a way to “buy” a good husband for their daughter.
Exclusion from Inheritance: In many cultures, daughters were traditionally excluded from inheriting their family’s ancestral land or wealth. Dowry, therefore, became a way to provide a woman with her share of the family’s assets at the time of her marriage. However, this system often fell short, leaving women with little to no financial security or control over the assets once they were married.
Economic Non-Productivity: In many traditional societies, a woman’s value was not seen in her potential to earn a living but rather in her domestic and reproductive roles. Families who couldn’t afford a large dowry or a lavish wedding came to view their daughters as an economic liability, a burden. This perception was exacerbated by the expectation that a woman would leave her natal home after marriage and no longer contribute to her parents’ household.
The Marriage “Market”: Over time, the concept of dowry evolved from a gift to a social obligation and, eventually, a demand. As consumerism grew and men’s earning potential became a key factor in social status, dowry became a way for the groom’s family to extract wealth from the bride’s family. The amount of dowry demanded is often directly linked to the groom’s education, income, and social standing. This turns the process into a transactional “market” where a daughter becomes a burden that must be “offloaded” with a hefty price tag.
Perpetuation by Insecurity: The cycle is perpetuated by a sense of social insecurity. Families, anxious about finding a “suitable” husband for their daughter, often comply with dowry demands, even if it puts them into debt. This reinforces the idea that women are a financial burden and that their families must pay a price for their marriage.
Legal Provisions to Protect Women in India
The Protection of Women from Domestic Violence Act, 2005 (PWDVA):
This is a comprehensive civil law specifically designed to protect women from various forms of domestic violence, including physical, sexual, verbal, emotional, and economic abuse.
It provides for a range of civil reliefs, such as Protection Orders (restraining the abuser from committing violence), Residence Orders (allowing the woman to stay in the shared household), Monetary Relief (covering expenses like medical bills and loss of earnings), and Custody Orders for children.
The Act is a civil remedy, so it doesn’t automatically lead to criminal charges, but it provides immediate and practical protection.
It protects women in a wide range of relationships, including those who are married, in a live-in relationship, or related through blood.
The Dowry Prohibition Act, 1961:
This is the primary law making the giving, taking, or demanding of dowry an offense.
It specifies penalties for these acts, with imprisonment for not less thanfive years and a fine of at least ₹15,000 or the value of the dowry, whichever is higher.
The Act’s purpose is to abolish the practice of dowry altogether.
Indian Penal Code (IPC) and Bhartiya Nyaya Sanhita (BNS):
Section 304B IPC / Section 109 BNS: Dowry Death: This provision deals specifically with “dowry death.” It states that if a woman dies within seven years of her marriage due to burns, bodily injuries, or other circumstances suggesting a unnatural death, and it is shown that she was subjected to cruelty or harassment for dowry shortly before her death, her husband or his relatives are presumed to have caused her death. This is a serious criminal offense.
Section 498A IPC / Section 86 BNS: This is a criminal provision that deals with cruelty by a husband or his relatives. It makes it a punishable offense for a husband or his family to subject a woman to cruelty that could drive her to suicide or cause grave injury or danger to her life, limb, or health. This is a cognizable and non-bailable offense.
This provision is frequently invoked in dowry cases, as dowry demands and the resulting harassment fall under the definition of “cruelty.”
Challenges in tackling dowry deaths
Flaws in India’s Legal Systems
The Gap Between Law and Justice: The article highlights a disconnect between India’s extensive legal framework and its ability to deliver justice. Despite having specific anti-dowry laws dating back to 1961, with strengthened provisions from 1983, dowry-related violence and deaths continue to be a widespread problem.
Slow Investigations and Low Charge-Sheeting Rate: The data reveals that a significant number of these cases face slow and inefficient investigation processes:
On average, only about 4,500 of the 7,000 reported cases each year were charge-sheeted.
The remaining cases were closed for reasons like “insufficient evidence” or were classified as “false cases.”
A concerning number of investigations were significantly delayed; as of the end of 2022, 67% of pending dowry death investigations were stuck for over six months.
Lack of Convictions: Even when cases reach the trial stage, the conviction rate is extremely low, highlighting systemic issues within the legal process:
Of the approximately 6,500 cases sent for trial each year, only around 100 resulted in a conviction.
The remaining cases were either pending in court (over 90%) or were disposed of through acquittals, withdrawals, or plea bargains, often due to a lack of evidence.
Flaws in India’s Social Systems
Societal Prejudices and Systemic Inequality: Dowry-related violence is fueled by deeply entrenched caste, gender, and class prejudices. The author concludes that the powerful in society continue to design social norms and institutions that maintain the status quo. These systems, which include family structures, caste panchayats, and even the police and judiciary, can make inequality feel like equality to the powerless, effectively preventing them from seeking true justice.
In most of the domestic violence cases women unfortunately considered it proper to tolerate and adjust as husbands are allowed to behave in a certain way. A girl dying in her in-laws house is okay but she deciding to leave her husband and shifting to parent’s house is an unacceptable solution as separation or divorce brings shame to the family. Therefore practically men enjoy impunity till they commit a crime so barbaric that society is left with no option but to condemn it. (Rape, Murder, and Dowry Deaths: How India Can Tackle the Grim Reality of Crimes Against Women?)
The Role of Community and Caste Panchayats: In cases like the alleged murder of Nikki Bhati, community-based systems often override legal recourse.
Instead of approaching the police, victims and their families often turn to caste panchayats.
These all-male bodies typically favor reconciliation over legal action, pressuring the victim to “adjust” for the sake of family and caste honor.
This demonstrates a systemic failure where community honor is prioritized over individual safety and legal justice.
Misogyny in Public Discourse: The discourse surrounding dowry deaths is frequently tainted by misogyny. Social media, for example, is used to blame the victim and create counter-narratives that victimize the accused. Hashtags like #JusticeForVipin, in the case of Nikki Bhati, reflect this attempt to deflect blame and claim that men also suffer in marriages.
Way Ahead – a multifaceted approach for any crime against women
A Social Revolution for Gender Equality
Shift in Social Narratives: India needs a social revolution to change the narrative from teaching women to tolerate violence to actively standing against it. This movement should be a top-down initiative, similar to campaigns like Swachh Bharat Abhiyan or Pulse Polio Abhiyan. It should involve all stakeholders, including government departments, media, celebrities, and educational institutions, to promote continuous dialogue on gender equality.
Education for Young Men: A key part of this revolution is to educate young boys and men. They need to be taught about consent, the wrongfulness of eve-teasing and dowry, and the importance of not resorting to violence. The concept of rigid gender roles at home should also be dismantled.
Empowerment Beyond “Beti bachao, Beti Padhao”: The focus must shift from just “educating” a daughter to making her self-reliant (“Beti ko atmanirbhar banao”). Financial independence gives women the freedom to make critical decisions, especially in abusive marriages, and to escape violence rather than tolerating it out of financial dependence. This message needs to be communicated to both girls and their parents.
Reforming the Policing and Justice Systems
Early Intervention and Deterrence: The article argues for the need to catch and address small-scale crimes against women, such as stalking and eve-teasing, which often escalate into more serious offenses. A new system is proposed to deter these behaviors:
A woman-focused national helpline and app where complaints can be lodged anonymously.
The use of geotagged photos and videos as evidence.
Instead of an immediate FIR, a system of counseling or minor punishment for first-time offenders.
Maintaining a Sexual Offenders Register to monitor repeat offenders and their behavior.
Victim-Centric Justice: The proposed system would protect victims from the long and often traumatic legal process. It would allow for action against repeat offenders without placing the full burden of filing an FIR on a single victim. This would also address concerns about false FIRs by starting with a non-judicial intervention.
Accountability and Legal Reforms
Addressing Low Conviction Rates: The article points out that despite existing laws, the conviction rate for crimes against women is abysmally low (25.3% in 2022), with rape convictions being even lower (27-28% between 2018 and 2022).
Continuous Review: Laws and institutions must be periodically reviewed and corrected proactively, rather than waiting for a major incident to force change. The annual NCRB reports should be used as a tool to identify these weaknesses.
Learning from Acquittals: The author stresses that every acquittal or discharge judgment should be treated as a learning opportunity to improve the criminal justice system and hold every stakeholder accountable for the proper implementation of laws.
Accountability of Law Enforcement: Train police to handle these cases with sensitivity. Implement systems that hold police officers accountable for neglecting complaints or mishandling evidence. This can be done through dedicated “Mahila Police Cells” with trained female officers.
The instances of dowry deaths, domestic violence and any other forms of violence against women are manifestations of cracks in the edifice of gender justice built by our constitution as envisaged under Articles 14, 15, 39, 51A(e), relegating females to be a lesser citizen. To give these humans or what we call aadhi aabadi there due, action and change is needed at individual, societal and systemic levels, at the earliest.