SC issues directions to States, UTs to improve remission policy for convicts

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CategoryPolity

Last Updated06/11/2024

The Supreme Court has issued a slew of directions aimed at standardising and improving the transparency of policies governing permanent remission for the convicts in the country.

The Supreme Court has released new directions to improve transparency and consistency in policies governing permanent remission for convicts. This step aims to ensure that remission policies are accessible and decisions are communicated clearly to convicts.

Accessible Policy Information: A Bench comprising Justices Abhay S. Oka and Augustine George Masih has directed that remission policies, including any updates, must be displayed in all prisons and uploaded on government websites in English.
Timely Communication of Decisions: The Court requires that convicts be informed of any rejections in their applications for permanent remission within one week.

Notification of Rejections: All States and Union Territories must inform convicts promptly about the rejection of remission applications. Copies of rejections should be forwarded to the district legal services authorities to ensure convicts receive appropriate legal aid.

Case-Specific Conditions: The Court stressed that "stereotype conditions" should be avoided in remission decisions. Instead, conditions should be tailored to each case's specifics, ensuring fairness and avoiding arbitrary terms.
No Delay Due to Pending Conviction Appeals: The Court stated that pending conviction appeals do not justify delays in remission consideration, although applications may be held if appeals for sentence enhancement or acquittal by the state are ongoing.

Next Hearing on Further Guidelines: The Court will reconvene on December 3 to address additional aspects, including whether states should provide specific reasons for rejecting remission and if they should independently assess eligibility regardless of convict applications.
These directives underscore the Supreme Court's intent to make remission policies fairer, clearer, and more accessible for convicts, supporting individualized, transparent decision-making.