Noida: Undertrial-prisoner wants to sell kidney to fight his case
It doesn't speak highly about the justice system when an undertrial has to sell body organs to fight their case. But sadly, circumstances have pushed a 30-year-old prisoner in Luksar, Noida, to this extreme level. The man, who's suffering from 'brain tumor,' has written to PM Narendra Modi, CM Yogi Adityanath and the district magistrate, seeking permission to sell his kidney, TOI reports.
Raju was imprisoned in rape, attempt to murder cases
Raju alias Madan has been in judicial custody since April 6, 2014, in attempt to murder and rape cases. He insists he was framed. But he has to undergo a trial first. For that, he needs to fight his case, and for that, he needs money. "I feel it's better to sell a kidney and fight the legal battle than commit suicide," he said.
Lawyer offers help after hearing of Raju
Raju alleges he hasn't been receiving adequate treatment for his health problems in the prison either. "I urged the officials to help me sell one of my kidneys. I will be thankful to you for this help," Raju said in the letter. Taking cognizance, Jitendra Nagar, an advocate, has come forward to help. "If (Raju isn't getting free aid, I'll take his case," he said.
Raju's condition similar to that of 66% of India's prisoners
Raju's claims are no different than the findings of an Amnesty International report of July'17. Undertrials form as much as 66% of India's total prisoners, of which most come from marginalized communities- 53% are Muslim, Dalit and Adivasi. Nearly 30% are illiterate. Despite rules saying otherwise, authorities in several states don't produce them in court regularly, mostly due to lack of police escort.
Even if they they get lawyers, ensuring efficiency is tough
If and when prisoners do get free legal aid, it is a difficult job ensuring the lawyer follows through the case efficiently. In Haryana, each lawyer made as few as 0.22 prison visits a month - one visit in five months, on an average.
The situation calls for urgent redressal
The situation cannot be changed overnight, but crucial changes are needed. Considering most prisoners are from poor backgrounds, the bail system should be relooked at to admit personal guarantees other than wealth. Rehabilitation is one of the primary goals of imprisonment, and should be ensured strictly. Most importantly, it has to be ensured that proper information about rules and their rights reaches prisoners.
