Prelims: Pardoning power of president, remission, Seventh Schedule etc
- Mains GS Paper II: The structure, organization, and functioning of the Executive and the Judiciary
- ARTICLE HIGHLIGHTS
- A two-judge bench of the Supreme Court quashed the remission granted to 11 convicts in the Bilkis Bano case.
INSIGHTS ON THE ISSUE
Context
Remission:
- Remission is the complete ending of a sentence at a reduced point.
- In remission, the nature of the sentence remains untouched, while the duration is reducede., the rest of the sentence need not be undergone.
- The prisoner is given a certain date on which he shall be released and in the eyes of the law he would be a free man.
- However, in case of breach of any of the conditions of remission, it will be canceled, and the offender has to serve the entire term for which he was originally sentenced.
- The total number of days earned in remission is deducted from the sentence, making prisoners eligible for early or premature release.
- For example, a person sentenced to 10 years of imprisonment with one year earned in remission can potentially be released after serving nine years of their original sentence.
Factors considered while deciding a remission application(by Supreme Court);
- Impact of the crime
- Chances and potential of reoffending
- Purpose of continued imprisonment of the convict
- Socio-economic conditions of their family.
Constitutional provisions:
- Article 72: The President can grant pardons, reprieves, respites or remissions of punishment or suspend, remit or commute the sentence of any person.
- Article 161: AGovernor can grant pardons, reprieves, respites or remissions of punishment, or suspend, remit or commute the sentence.
Bilkis Bano Case:
- During 2002 Gujarat riots, Bilkis Bano, a pregnant woman at the time, was subjected to a brutal gangrape, while seven members of her family, including her three-year-old daughter, were killed by a mob during the riots.
- Following extensive legal proceedings, the Central Bureau of Investigation (CBI) investigated the case.
- In 2004, SC moved the trial from Gujarat to Mumbai after Bilkis faced death threats; directed the central government to appoint a special public prosecutor.
- In 2008, a Mumbai court convicted 11 individuals for their involvement in the gangrape and murder, marking a significant step towards justice for Bilkis Bano.
- However, in August 2022, the Gujarat government granted remission to these 11 convicts, leading to their release
Supreme Court Judgment:
- The Court held that the government of Gujarat illegally decided the remission application.
- As per established law, the government of the state where a convict is tried and sentenced holds this power
- Making the Maharashtra government the appropriate authority in this case.
Life sentence and remission across States:
- A life sentence essentially means imprisonment for the whole of a convict’s life
- The law allows for lifers to be considered for remission once they have served a minimum term of 14 years.
- There are offence-based exceptions for lifers convicted of heinous offences such as rape and murder.
- In most states, offenders convicted for heinous offenses have to undergo longer minimum periods of imprisonment to be eligible for consideration for early release Maharashtra: A lifer convicted of a communal crime or gang rape will have to serve for at least 28 years.
- Gujarat: Aconvicted of rape and murder is excluded from the ambit of remission policies entirely.
- Goa, Mizoram and Odisha, murder convicts are excluded from earning ordinary remission.
- Offense-based exclusions are being extended to other forms of leave provisions such as parole and furlough — Delhi (in 2010) and Jammu and Kashmir (in 2020).
Way Forward
- Offense-based restrictions to apply for remission and longer terms of imprisonment before becoming eligible for certain kinds of offenders raise a normative question about prisons as rehabilitative spaces.
- Massive overcrowding, securitisation, overburdened prison personnel, etc., the crisis in our prison system needs urgent transformation.
- The presence of early release provisions such as remission, parole, and furlough serve as a ray of hope for prisoners.
- These mechanisms provide imprisoned individuals with something to look forward to and play a crucial role in their process of reformation.
- They offer prisoners a chance for rehabilitation, reintegration into society, and the opportunity to rebuild their lives.
- Lifers deserve thechance at reform through policies that help impose definite durations on the otherwise indeterminate life imprisonment sentences as it is impossible to ascertain when a prisoner will die.
- In a penal system where remission is an indispensable opportunity that facilitates reform, exclusionary policies need to be interrogated.
QUESTION FOR PRACTICE
Is the national commission for women able to strategize and tackle the problems that women face at both public and private spheres?(UPSC 2017) (200 WORDS, 10 MARKS)
