To celebrate the 75th anniversary of Independence, the Assam government has decided to commute the sentences of a select group of prisoners as part of the Azadi ka Amrit Mahotsav.
The choice was made in response to a letter from the Ministry of Home Affairs (MHA) that listed the prisoner categories that could be released starting on August 15.
According to a directive from Assam’s Home and Political Department, female and transgender prisoners who are 50 years of age or older may be released after completing 50% of their whole sentence, without including any general remission sentence. The minimum age for the remission of a sentence for male convicts is 60 years.
Physically challenged convicts with 70% disability or more, as certified by a medical board, would also be released if they had served 50% of their sentence without counting the period of general remission earned. Except for certification by a medical board, there are no conditions for the release of terminally ill convicts.
Other categories of prisoners eligible for sentence remission include those who have served two-thirds or 66 percent of their sentence period, poor or indigent prisoners who have served their sentence but are still in jail due to non-payment of fines imposed on them following the waiver of their fines, and people who committed an offence when they were young and have no other criminal involvement or cases against them.
The remission granted, however, would not apply to convicts sentenced to death or life in prison, as well as those involved in terrorist activities and charged under laws such as the Unlawful Activities (Prevention) Act and the National Security Act.
Prisoners convicted for dowry deaths, counterfeiting currency notes, committing rape, human trafficking, and offences under the Protection of Children from Sexual Offenses Act, as well as prisoners convicted for money laundering, charged with treason, and convicted under the Narcotic Drugs and Psychotropic Substances Act and the Prevention of Corruption Act, are not eligible for sentence reduction.
According to data provided by the Home and Political Department, there are no women or transgender convicts in the specified category, while five male prisoners aged 60 and up have served at least 65 percent of their sentence.
Silbanush Goria (90.6 percent) of Nagaon Central Jail is the only convict in Assam’s jails who has completed 66 percent of his sentence period.