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The Undertrial man movie in hindi: The dark reality of the Indian judicial system



Though Rajpal Yadav is not the tallest star in the industry, he's out to prove that he can be the most versatile. His forthcoming movie -- Undertrial -- may just be the platform he wanted. Yadav talks to Patcy N about the movie. Excerpts:


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The Undertrial man movie in hindi



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An undertrial man brandished a knife and threatened to kill a sub-divisional judicial magistrate (SDJM) inside her court chamber at Berhampur in Odisha's Ganjam district on Monday, a police officer said.


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Analysis of the latest reports of the National Crime Records Bureau (NCRB) shows that jails in India are mostly flooded with young men and women who are illiterate or semi-literate and come from socio-economically weaker sections of society. More than 65 per cent of undertrial prisoners belong to the SC, ST and OBC categories. Most of them are too poor to even afford the bail fee.


This isn't new. Indian jails have a history of such cases. Making a scathing observation 40 years ago, the Supreme Court had said the high prevalence of undertrials in jails is a "crying shame on the judicial system" as it permits imprisonment of people for long periods even without trial commencing in many cases.


In 1978, 54 per cent of India's inmate population consisted of undertrials. By 2017, this figure rose to 68 per cent. What has also not changed is the socio-economic profile of undertrial prisoners - a majority of them continue to be young, barely literate and poor.


This high number of undertrial prisoners comes as a paradox as the Indian judicial system claims to work on the principle that a person is presumed to be innocent until proven guilty. And, even the Supreme Court has held that bail to an undertrial prisoner is a right.


The NCRB report shows that 70 per cent of undertrial prisoners in India are illiterate and semi-literate, indicating that that they belong to economically backward sections of society. The NCRB report also shows that 48 per cent of undertrials fall in the age group of 18-30 years.


A direct consequence of most undertrials being economically backward is that the period they spend inside jails is not determined by the crime they are accused of having committed, but by their ability, or the lack of it, to pay the bail fee or avail a good lawyer.


In Hussainara Khatoon versus Home Secretary, State of Bihar, the Supreme Court had observed that undertrial prisoners languish in jail "because they (are) downtrodden and poor, and not because they are guilty".


While courts in India have acknowledged the flaws in the system, for an innocent person who is set free by a court years after being lodged in a jail, the sense of justice perhaps remains elusive forever. In the eyes of society, the person (even though an undertrial) is no different than a convict once he spends years in a jail.


In Thana Singh versus Central Bureau of Narcotics, the Supreme Court itself had observed that for the prisoner, imprisonment as an undertrial is as dishonourable as imprisonment for being a convict because the "damning finger and opprobrious eyes of society draw no difference between the two".


Forty years ago the Supreme Court remarked that long incarceration of undertrials is a "crying shame on the judicial system". It remains the guiding principle to repair the system and fix accountability to bring a positive change.


Cases againstHindustan Dainik andAmar Ujala are pending with the Special Judicial Magistrate.Hindustan Dainik was not available for comment. Rihai Manch, a civil society group working for the release of innocent persons arrested in terror cases, said compensation and rehabilitation must be ensured to such innocent undertrials and proper enquiry called against police officers who wrongfully implicated such persons.


Be it music, plots, character names or movie posters, Bollywood has often been accused of lifting elements from the West. While some prefer to call it an inspiration, others look at it as blatant plagiarism. The most recent example involves Udta Punjab allegedly based on High Society, a 2002 novel by Ben Elton.


At the end of 2014, nearly 43% of the undertrial population had been detained for more than six months to more than five years. Many spent more years in prison than the actual term they would have served had they been convicted.


The Supreme Court guidelines had also said that courts should prioritise cases of women prisoners with children. But as happens with other undertrials, the lack of police escorts, poverty and inadequate legal representation means that these cases drag on.


The movie delivers a message against community-profiling when Azmi says, "If this man's name was Donald or Suresh or Matthew, would he have been standing here? He is in jail just because of his name."


As per section 436-A of the Code of Criminal Procedure, 1973, an undertrial prisoner who is not accused of an offence punishable with life imprisonment or death should be released if they have been detained for half the period of imprisonment prescribed for the offence.


I specialize in reporting on the movie and theme park industries and have been doing this for more than 15 years. I have written for more than 20 titles including The Times, The Daily Telegraph, The Guardian, the Independent, The Financial Times and The Wall Street Journal. I have covered almost all of the key areas of the theme park industry from interviewing shareholders and senior management to writing about themed hotel design, ride design, corporate alliances and even themed sports facilities. I have interviewed A List actors including Kurt Russell and Michael Douglas as well as studio executives such as former Disney chief executive Michael Eisner. My film industry coverage largely focuses on the cost of making movies, product placement deals in them, the amount of tax payers' money that is invested in them and the benefits they bring to the country where they are shot. 2ff7e9595c


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