This story is from June 14, 2022

Amrit Mahotsav: Centre plans to release prisoners

The government has decided to grant special remission to certain categories of prisoners as part of celebrations of ‘Azadi ka Amrit Mahotsav’ to mark the 75th anniversary of India’s Independence. Jailed convicts who fulfil the conditions for release under the scheme will be set free on three dates — August 15, 2022; January 26, 2023; and August 15, 2023, the home ministry apprised all states and Union territories in a communication dated June 10.
Amrit Mahotsav: Centre plans to release prisoners
NEW DELHI: The government proposes to grant special remission to certain categories of prisoners as part of celebrations of ‘Azadi ka Amrit Mahotsav’ to mark the 75th anniversary of India’s Independence. The jailed convicts who fulfil the conditions for release under the special remission scheme will be set free by the respective state and union territory governments in three batches – on August 15, 2022; January 26, 2023; and August 15, 2023, the home ministry told the officers in charge of home department and prison heads of all the states and UTs in a communication dated June 10, 2022.
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The prisoners who shall be eligible for grant of special remission, as per guidelines shared by the Union home ministry with the states and UTs, include women and transgender convicts aged 50 years and above; male convicts aged 60 years and above; physically challenged with 70% disability and more, and youths who committed an offence between 18-21 years of age, with no other criminal involvement. However, all these categories should have completed 50% of their total sentence period.
Others eligible under special remission scheme include terminally-ill convicts duly certified by a medical board; all convicted prisoners who have completed two-thirds of their total sentence period; and poor or indigent prisoners who have completed their sentence but remain in jail due to non-payment of fine imposed on them, by waiving off the fine.
The MHA guidelines however put out an exhaustive list of convicted prisoners not eligible for special remission. These include convicts on death row, including cases where the death sentence has been commuted to life or convicts for offences where death has been specified as one of the punishments. Other exceptions are convicts serving life term; those convicted in cases relating to terror or under Explosives Substances Act, NSA, OSA and Anti-Hijacking Act, offences against the State, counterfeiting currency, rape, human trafficking, POCSO Act, PMLA, FEMA, NDPS Act, and Prevention of Corruption Act.
As per the procedure, the states and UTs will have to constitute a state-level screening committee headed by the officer in charge of the home department, to examine cases of eligible prisoners. The list recommended by the screening committee will be sent to the state government for approval, before being put up to the governor for consideration under Article 161 of the Constitution. The timelines for each of the three phases for release of prisoners have been shared by MHA with the states and UTs.

To facilitate the process of shortlisting of eligible inmates and periodically update the status online, a new 'special remission' module has been added to the e-Prisons software.
Cases where approval of Centre is required as per law will be sent to the home ministry, while the release of foreign national convicts will require the consent of the ministry of external affairs.
Prior to the release of prisoners, counselling sessions may be held for them and their kin to facilitate their rehabilitation in the society, the home ministry had instructed the states and UTs.
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About the Author
Bharti Jain

Bharti Jain is senior editor with The Times of India, New Delhi. She has been writing on security matters since 1996. Having covered the Union home ministry, security agencies, Election Commission and the ‘prime’ political beat, the Congress, for The Economic Times all these years, she moved to TOI in August 2012. Her repertoire of news stories delves into the whole gamut of issues related to terrorism and internal strife, besides probing strategic affairs in India’s neighbourhood.

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