CJI Sanjeev Khanna on Tuesday emphasized the need for reforms to promote compassionate and humane justice and remove black coat syndrome or the deep fear and isolation felt by the marginalized and disadvantaged when faced with the legal system.
Speaking at the Human Rights Day 2024 function organized by the National Legal Services Authority (NALSA), the CJI recalled that President Draupadi Murmu had highlighted the ‘black coat syndrome’ while addressing the National Conference of District Judges earlier this year.
He said that President Murmu’s “timely observations have brought significant focus to the relevant incident… I would include both judges and lawyers.”
Elaborating on this, he gave an example of having to come to the court only to see that the hearing was adjourned in the court of the rich and the poor. “For the rich, it doesn’t matter because they work continuously. But what happens when a rickshaw puller or a daily wage earner is informed that he has to come next week after spending the whole day in court. He loses the whole day’s wages, he has to pay the lawyer’s fees and food for the children and the family. It should also be ensured that it is made,” the CJI said.
CJI Khanna also cited an example from personal experience, which he said “showed me that the most difficult court in Delhi is the traffic challan court.”
The CJI said, “We have increased the traffic challans, yes, the increase was necessary for stiffer punishment. But it has mostly affected self-earners, who have taken vehicles on EMI. They are self-employed; they employ others. Impoundment of vehicles and The moment he is fined five-six thousand rupees, he is not able to pay the EMI or take care of his family and children. Because of this there was violence and sloganeering in the traffic challan court We took this issue up with the judges, and to some extent we were able to handle that situation.”
On how to ensure and promote compassionate and humane justice, the CJI said, “Criminal courts are areas that need a lot of emphasis, and laws need to be reformed. We have decriminalized many laws but a lot of work is still in progress. This is especially so.” Significant if we look at the prison population and the number of undertrial prisoners.
CJI Khanna pointed out that “The national capacity of prisons is 4,36,266, but our jails currently have 5,19,193 inmates, which means they are overcrowded by 119%. This overcrowding particularly affects the undertrials, severing their connection with society. Such disconnection leads to their criminalization.” Pushes into a spiral and makes reintegration a daunting task.
The CJI said that Section 479 of the Indian Civil Protection Code, 2023 is an important step to challenge this. “This progressive provision takes a humane approach by allowing first-time offenders to be released if they have served one-third of their potential maximum sentence in custody. It acknowledges an important reality – prolonged undertrial detention leaves individuals, particularly those from marginalized backgrounds, with deep disadvantage and social isolation. Getting caught in the cycle affects the presumption of innocence,” the CJI said.