Systemic bias
FRONTLINE|November 25, 2016

NCRB data and other reports indicate how the most marginalised sections are also the most criminalised.

Divya Trivedi
Systemic bias

THE POLICE AND INVESTIGATION AGENCIES may deny bias in justice delivery, but prisons tell another story. Statistics released by the National Crime Records Bureau (NCRB) for 2015 show that Muslims constituted a greater share in the prison population than any other segment of people. While their share in India’s population as per Census 2011 was 14.2 per cent, their proportion in the undertrial prison population stood at 20.9 per cent. The percentage of convicted Muslims was 15.8 per cent. The percentage of Muslims among detainees was also high at 23.8 per cent. In fact, they fared as badly as Dalits and the tribal people. Together, these three communities constituted 39 per cent of the population but accounted for more than 55 per cent of all undertrials and 50.4 per cent of all convicts.

The Scheduled Castes (S.Cs) accounted for 16.6 per cent of the population but made up 21.6 per cent of all undertrials and 20.9 per cent of all convicts, whereas the Scheduled Tribes (S.Ts) accounted for 8.6 per cent of the population but made up 12.4 per cent of all undertrials and 13.7 per cent of all convicts.

This showed how the most marginalised people of the country were also the most criminalised. While tribal people and backward classes are easily branded as Maoists, Muslims automatically become terrorists and bear the social stigma throughout their lives even if they get acquitted.

The NCRB data also showed that in most States with a sizable number of Muslims, their percentage among undertrials and convicts was significantly higher than their share of the State population.

In Maharashtra, for instance, they accounted for only 11.5 per cent of the population but made up 30 per cent of all undertrials and 20 per cent of the convicts. In West Bengal, they formed 27 per cent of the population but made up almost half of all undertrials at 47 per cent and 40 per cent of the convicts.

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