Bail,prisons and COVID-19: An Indian perspective

Abstract

This article explores the implementation of the right to bail for prisoners during COVID-19. Using data from a sample of 50 advocates collected through a face-to-face questionnaire, the article probes lawyers’ perceptions of the functioning of the mechanism of bail in the pandemic. The article also evaluates the efficacy of measures taken to decongest prisons by critically reviewing the criteria identified by the High-Powered Committees of States for releasing prisoners. Finally, it concludes by indicating the urgent need to remedy the deficiencies and provides recommendations for reforming the criminal justice system to safeguard prisoners’ right to life and health.