|Topic: GS2 – Polity – Executive
This topic is not much relevant in the context of Prelims but more for Mains in the context of legal aspects related to remission, emphasizing the role of the Supreme Court and the appropriate authority for deciding remission applications.
- Remission, which is obtained by good behaviour, prisoner activities, and labour, gives inmates the chance to shorten their term without changing the type of punishment.
- It comes from the idea that imprisonment should serve as a means of rehabilitation, enabling inmates to participate in reformative activities and maybe be released before serving out the entirety of their sentence.
- Inmates are eligible for early release when the total number of days they have completed in remission is subtracted from their sentence.
- It is difficult to apply remission laws to people convicted of violent crimes like rape and those given life sentences.
- Although lifers may be eligible for remission following a minimum 14-year sentence, there are differences across states and offences.
- The length of the minimum prison sentence for horrible crimes like rape and murder determines the likelihood of remission, depending on how serious the offence was.
- States’ remission policies differ, posing procedural and normative issues.
- Offence-based exclusions and extended terms of jail eligible for certain offenders generate normative issues regarding the rehabilitative purpose of prisons.
- There is procedural examination of the composition of review boards and their decision-making procedures, raising doubts about whether remission requests are consistent with the rehabilitative and reformative objectives of correctional facilities.
- Remission, parole, and furlough are examples of leave measures that are essential to a prisoner’s reformation and reintegration into society.
- However, a major obstacle to their potential for transformation is the overcrowding, securitization, and overload of Indian prisons.
- The urgency of the transformation required by the prison system’s crisis highlights the need to reevaluate policies that exclude people and to think more deeply about the ability of prisons to support reform.
- A more thorough examination of the condition of Indian jails and their function in the rehabilitation of offenders has been prompted by the Bilkis Bano case, which highlights the significance of clear and comprehensive remission rules.
|Landmark Cases of Remission:
|Laxman Naskar v. State of West Bengal (2000):
In this case, SC stipulated the factors that govern the grant of remission namely:
Whether the offence is an individual act of crime without affecting the society at large?
Whether there is any chance of future recurrence of committing crime?
Whether the convict has lost his potentiality in committing crime?
Whether there is any fruitful purpose of confining this convict any more
Socio-economic condition of the convict’s family.
Epuru Sudhakar v. State of AP (2006):
|PYQ: Instances of President’s delay in commuting death sentences has come under public debate as denial of justice. Should there be a time limit specified for the President to accept/reject such petitions? Analyse. (200 words/12.5m) (UPSC CSE (M) GS-2 2014)
|Practice Question: Discuss the constitutional and socio-economic considerations involved in the assessment of remission applications and reflect on the implications of the verdict for the reformative goals of imprisonment in the context of Indian criminal justice and penal system. (250 words/15 m)