Nineteen undertrials are reportedly languishing behind bars at Colvale jail despite being granted bail. They are deprived of freedom not because of being proven guilty, but due to their poverty as they are unable to arrange the required surety amount. This situation is a stark violation of the fundamental principle that every individual is presumed innocent until proven guilty. The liberty of a citizen is a cornerstone of justice. Bail exists precisely to uphold this liberty. However, when bail is contingent on a surety amount that poor individuals cannot provide, the very purpose of bail is defeated. Poverty should never become a barrier to freedom. What is needed is a compassionate and pragmatic legal framework that recognizes the economic realities of undertrials. Courts and policymakers need to innovate alternatives to monetary surety, such as personal bonds or community guarantees, ensuring that poverty does not indefinitely deny liberty. Fast-tracking trials and improving access to legal aid can also prevent undertrials from languishing in jail due to systemic delays and impoverishment. Every effort should be made to prevent jail from becoming a default punishment for the poor.
ADELMO FERNANDES, Vasco
