The Hindu : Tamil Nadu News : “Give priority to the aged in sentence remission”

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Monday, Sep 10, 2007
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Tamil Nadu

Tamil Nadu

“Give priority to the aged in sentence remission”

A. Subramani

Rights activists make the plea on humanitarian grounds

There are 200 prisoners over 70 in State prisons
Coimbatore prison houses the oldest prisoner

CHENNAI: The State Government, which is preparing a list of life convicts eligible for remission of sentence and early release on September 15, must accord priority to the aged and the critically ill, say rights activists.

At least 200 prisoners are likely to be released on September 15, the birth anniversary of former Chief Minister C.N. Annadurai.

There are about 200 prisoners aged over 70 years in the prisons of Tamil Nadu. Of them, nearly 60 are octogenarians.

Referring to the death of an 80-year-old woman prisoner in the Puzhal prison complex recently, an advocate said age and the health condition of the inmate should get due consideration, along with the period of sentence undergone and the discipline of the inmate concerned during incarceration.

The Coimbatore Central Prison houses the oldest prisoner in the State.

An inmate, who is aged 88 years and is serving his life term in the prison, has completed only about eight years now. If the minimum served period were to be maintained as 10 years, this person’s plea for early release will not get a look-in this time, says an official.

An 85-year-old person was brought to the Madurai Central Prison only a few months ago. He has been sentenced to life imprisonment.

The old woman, who died in Puzhal Prison Complex, rendered herself ineligible for remission as she had been convicted for an offence of murder for gain. At the time of her death, she had served about 14 years, officials point out.

“No contravention”

Remission of sentence on humanitarian grounds and even reducing the minimum served period from 10 years will not amount to contravention of any statute, said V. Kannadasan, Special Public Prosecutor for Human Rights Court.

He pointed out that in Kerala and Punjab the minimum eligibility period was eight and a half years.

Tamil Nadu Human Rights Protection Organisation chairman S. Prabakaran said the Government should offer general amnesty to at least all octogenarians and waive their remaining sentence.

“In the twilight years, what harm can these 80-year-olds do to society,” he asks, adding that Sections 432 and 433 of the Code of Criminal Procedure sufficiently empowered the State Governments to remit, suspend and commute sentences.

Following a recommendation from State Public Prosecutor Raja Elango last year, the Government had released in June some of the prisoners who were facing minor charges of indiscipline.

This time also some prisoners, facing charges under Section 224 IPC (escape from lawful custody), are likely to be considered for remission, say officials.

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