How does the Indian judiciary view the obligation of governments towards considering remission of eligible convicts
Understand the stance taken by the Indian judiciary on the duty of governments to evaluate the release of eligible convicts.
- The Indian judiciary has upheld that governments have a duty to consider the remission of eligible convicts as a part of the reformative aspect of the criminal justice system.
- The judiciary emphasizes that considering remission for eligible convicts is essential to promote rehabilitation and reintegration into society post-incarceration.
- The courts have reiterated that the power to grant remission is not absolute but should be exercised judiciously, taking into account various factors such as the nature of the offense, conduct of the convict, and the possibility of their reformation.
- The judiciary has also emphasized that the principle of proportionality should guide decisions on remission, ensuring that it is granted fairly and without discrimination.
Answered
2 months ago