The article is authored by Aastha Tembe , a
Third-year BA.LLB Student of
DES Shri Navalmal Firodia Law College.
INTRODUCTION
“Forgive others, not because they deserve forgiveness, but because you deserve peace”– Jonathan Lockwood Huie
Forgiveness is said to be man’s greatest virtue. But contemporary times, does this mindset prevail? The Indian criminal system serves as a beacon of hope and justice for those who have been wronged. It serves as the basis of a society where harmony, tranquillity, and peace coexist. It acts as a deterrent to crime, fraud, and violent tendencies in society. Stringent laws and prohibitions ensure that negative social elements keep away from crime and cooperate in preserving stability in society. But what happens when the proverbial statue of criminal justice is crumbled and punishments are reduced or simply vanquished? What happens to the faith of the people who entrust their faith in the system to serve justice to their loved ones? How did theconcept of remission emerge and how does it affect the behaviour of criminals? This exploration will be carried out in the article.
EVOLUTION OF REMISSION IN INDIA
Remission is the process of cancelling or forgiving the punishment of a convict based on the determinants of good behaviour, the nature of the crime, and the duration of the sentence. Many other factors are also taken into consideration while assessing the possibility of remission.
The evolution of various phases of governance and legal reform gave birth to the concept of remission in India. In ancient India, the principles of punishment and justice were inscribed in the moral and ethical codes of Arthashastra and Manusmriti. These texts emphasised on the notion of punishment for the wrongdoer while also exhibiting awareness of the importance of rehabilitation and reforming convicts. However, the most significant development came with the British Raj with the promulgation of the Indian Prisons Act of 1894. This Act included a formal and structured process for remission. It considered determinants such as good behaviour, educational activities, and the contribution of convicts in prison work. After India gained its independence, the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC) were continued and revised to include the provision of remission. The Constitutional incorporation of Articles 72 and 161 further conferred power onthe President and the Governors of States to grant pardons or remissions of the punishment of convicts. Sections 432 and 433 of the CrPC also provide similar provisions for the cause.
THE REMISSION PROCESS IN INDIA
Procedurally, remission as an entitlement is accompanied byvarious guidelines and policies to ensure the stringent applicability of justice and fairness. These provisions encompass a comprehensive framework that assesses the inmate’s behaviour and other factors and accordingly recommends the whether or not the convict should to be remitted. The role of Jail Superintendent and other personnel is pivotal in the assessment of prisoners, ensuring their participation in educational activities and rehabilitation programs. They record and collate necessary information, which is crucial for recommending and fulfilling the criteria for deserving convicts. Upon these recommendations, and other information, a detailed assessment and a report is formulated, upon which the process of recommending remittances for convicts is carried out. The final and supreme decision is taken by higher authorities like the Prison Superintendent, Parole Board, or/and Judicial Bodies. This ensures that a just and unbiased decision which is strictly based on the determining factors is made.
POTENTIAL BENEFITS OF REMISSION
Remission serves as a beneficial step towards reforming the Indian criminal landscape. It encourages inmates to participate in reformative and rehabilitation centres, along with participating in educational activities. By releasing deserving convicts from prisons, it fosters a sense of human compassionand values inscribed in our ancient texts. Moreover, India faces an essential problem of a shortage of jail space with the number of convicts exceeding the number of prisons. Remissions aid this problem by releasing convicts from jail and providing them with a fresh start. Not only does this make former inmates more cognizant of criminal repercussions, preventing them from breaking the law again, but also encourages them to turn into responsible citizens thereby facilitating social progress.
CHALLENGES AND CONTROVERSIES
Though remission serves as a symbol of forgiveness, it is also affixed with various challenges and difficulties. One of the most gruesome impacts of remission falls upon those families and loved ones who have suffered at the hands of the remittedconvicts. This often breaks the trust and faith of people in the criminal justice system and acts as a catalyst for increasing violent behaviour as people assume that they have to deal with the violent remitted convicts. One of the most recent criticised cases of remittance is the Bilkis Bano case, which sparked a serious debate and controversy all over the nation. In August 2022, 11 convicts of the Bilkis Bano case were released early by the Gujarat High Court based on the remittance policy, even though the severity of the case was high and the earlier sentence was life imprisonment. Although the remittance was later quashed by the Supreme Court, such episodes degenerate the trust and faith of the citizens in the Indian judiciary.
JUDICIAL DECISIONS UPHOLDING REMISSION POLICIES
In Maru Ram v. Union of India (1980), the constitutional validity of Section 433A of the CrPC, which states that convicts who have been sentenced to life imprisonment have to serve a minimum of 14 years before consideration for remittance, was challenged. The Supreme Court reinforced that this section is valid though undermining the severity of the crime should not be encouraged.
In Union of India v. V. Sriharan alias Murugan and Others (2016), the Tamil Nadu government sought an early release for the convicts of Rajiv Gandhi’s assassination. However, the court held that the state government must get approval from the central government to ensure a balanced decision-making process.
These legal precedents highlight the importance of a fair and balanced remission process which is strongly founded on valid considerations, such as the severity of the crime and the convict’s behaviour.
CONCLUSION
The remission of convicts in India is a process that intertwines justice, mercy, and the hope for rehabilitation. However, the commensurate challenges can be overcome by adopting a holistic approach that has the long-term goal of creating a safe and secure society. Establishing independent judicial panels for reviewing remission applications is one such step that not only fosters transparency and makes room for unbiased opinions but also strengthens the remission procedure. Clear and stringent guidelines should be formulated to promote strict regulations on remission eligibility. Along with this, incorporatingreintegrating, educational, and vocational training programs will instill requisite skills in the remitted convicts post their release. Further, the adoption of risk–management tools to strike a balance between the rehabilitation agenda and public safety will foster a sense of security amongst the public while promoting the reformation of convicts. By addressing these reforms, India can create a more effective and just remission system.