SC Directions on Remission Policies for Convicts

Source: This post on SC Directions on Remission Policies for Convicts has been created based on the article “SC issues directions to States, UTs to improve remission policy for convicts” published in The Hindu on 5th November 2024.

Why in news?

The Supreme Court has issued directives to standardize and enhance transparency in policies on permanent remission for convicts. The order aims to ensure fair consideration of remission applications, timely communication, and access to policy information for eligible convicts.

Key Directives

1. Accessible Policy Information: Remission policies, including any updates, must be displayed in prisons and uploaded in English on government websites. Jail officials are responsible for informing eligible convicts about these policies.

2. Timely Communication of Rejections: States and Union Territories are required to notify convicts of any denial of remission applications within one week. Copies of rejection orders must also be sent to relevant district legal services authorities to enable appropriate legal aid support.

3. Individualized Case Consideration: The court stressed avoiding “stereotyped conditions” in remission decisions, directing those conditions be tailored to each convict’s specific circumstances.

4. Pending conviction appeals should not automatically delay remission consideration; only state-filed appeals for sentence enhancement or acquittal may justify such delays.

5. Legal Aid and Support: Legal aid authorities must be informed of rejections to ensure that convicts receive appropriate legal assistance where needed.

6. Future Actions and Deliberations: The court set December 3, 2024, as a date for further deliberation on additional issues:

i) Whether states should provide reasons for every remission rejection.

ii) Whether states should consider remission eligibility proactively, without requiring an application from the convict.

7. Emphasis on Policy Updates: States are directed to ensure updated policies are accessible per the court’s guidance, reinforcing the need for clear, transparent remission procedures.

UPSC Syllabus: Polity and nation