Crippling the Constitution

Kirity Roy

For to be free, is not merely to cast off one's chains, but to live in a way that respects and enhances the freedom of others.”—Nelson Mandela

On 04-04-2022 in the lower house of Indian Parliament (Lok Sabha) the Criminal Procedure (Identification) Bill, 2022 has been passed with voice vote. The home minister of the country stated that the citizens of the country should not worry at all about the misuse of this Bill, adding that they cannot delay the employment of advanced technologies in the criminal justice system. In truth the Criminal Procedure (Identification) Bill, 2022 seeks to replace the Prisoners Identification Act, 1920. Section 3 of the said bill is related to the collection of measurement of arrested and convicted persons. Here measurement refers to finger impressions, photographs, iris and retina scan, physical, biological samples and their analysis, behavioural attributes including signatures, handwriting or any other examinations.

First of all, the bill proposes the collection of measurements of arrested persons and detainees, aside from the convicts, which signifies that the accused person will also come under the purview of this bill. The basis of criminal jurisprudence that ‘presumption of innocence until proven guilty’ is being violated here. There is no relevancy to collect the measurement of the accused persons as in this country there are high levels of acquittals, a large number of under -trials not facing their trials and suffering in jails. But the concerned bill will be providing power to take all these people’s measurement unnecessarily.

Secondly, this bill is trying to empower the head constables to collect measurements. It is a mockery of the Criminal Procedure Code, as under which, none other than an officer with Sub- Inspector rank can lodge an FIR, whereas, according to the current Bill, anyone with the rank of a head constable will be able to collect the measurement.

The bill violates the spirit of India’s Constitution {Article 20(3)} as the privacy of body is no longer guaranteed .The intention of the bill is to destroy the fundamentals of criminal jurisprudence that states—no one is guilty until proven by court of law. In Kharak Singh case [1964 SCR (1) 332], the Supreme Court explained that life is much more than surviving as an animal. For all practical purposes the bill is against this spirit of the constitution.

The bill also allows the police and prison officials to collect measurements regardless of the refusal by any person. Even refusal of the same is punishable under this bill. This is again a blatant violation of the fundamental rights. The government is now trying to curb the ‘right to refusal’ of the accused and convicts.

Every citizen is entitled to the right to privacy. Thumb impressions, signatures, iris and retina scan that are being collected and stored under the guise of investigation; there are large avenues for abusing the same. The right to privacy ensured by the Supreme Court of India in the Puttaswamy case (AIR 2017 SC 416) is completely being violated in this bill.

Prison statistics of India Report 2020 says that the total capacity of India’s prisons is 4,141033 while the present occupancy is 4, 88,511, which signifies that prisons are running at 20% overcapacity. Out of this the convicted people are only 1, 12,589 and under-trials are 3, 71,848, which again signifies that 70% of the prisoners are under- trials. These people are overstaying in the jail but the government is not worried about that. The government is only concerned with unethical surveillance upon the citizens of the country. The basics of criminal jurisprudence must be saved. If this is not checked immediately, India will turn into a surveillance state.

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Frontier
Vol 54, No. 48, May 29 - Jun 4, 2022