INTRODUCTION

Remission or premature release is the reduction of the term of a prison sentence without affecting the nature of the sentence. It refers to a structured system with criteria for prisoners to meet in order to encourage good behaviour, rehabilitation and self-improvement, with the ultimate benefit being the release of the prisoner.

WAY FORWARD

❇ Prioritising human rights and dignity: The remission provisions should be above political interests- especially when the crime is against marginalised sections
❇ Larger message to the society: Government decisions should consider societal moral values and the impact it can have in the society.
❇ Safeguard mechanisms: Adequate safeguards measures such as increasing the monitoring of prisoners in their progress, following the due process of law is important.
❇ Coordination: Supreme Court verd

CONCLUSION

Remission is a provision that gives the prisoner a ray of hope to be free again, without which s/he would have to live in the prison till his/her last breath. However it must be given only on a case-by-case basis and not in a wholesale manner. There is a

PYQ MAPPING

Q) What was held in the Coelho case? In this context, can you say that judicial review is of key importance amongst the basic features of the Constitution? (2016)


Q)Judicial Legislation is antithetical to the doctrine of separation of powers as envisaged in the Indian Constitution. In this context justify the filing of large number of public interest petitions praying for issuing guidelines to executive authorities. (2020)

SAMPLE QUESTION

A rational remission policy should encompass humanitarian considerations and the convicts’ scope for reform without violating the rule of law or societal interests. Critically analyse the statement in the context of India’s Remission Policy. (10 M)(150 W)

Tags:
Polity

Keywords:
INDIA’S REMISSION POLICY article 72 article 161 president of india governor remission criminal justice crpc bilkis bano case