The Unseen Side Of Mercy: A Study On Victims’ Rights, Remission And The Institutional Shortcomings In The Criminal Justice System
Sakthi P, B.B.A.LL.B. (Hons.), School of Excellence in Law, The Tamil Nadu Dr Ambedkar Law University
Prof T Vaishali, B.A. (Eng. Lit.)., B.L. Hons., LL.M., Assistant Professor of Law, Department of Criminal Law and Criminal Justice Administration, School of Excellence in Law, The Tamil Nadu Dr Ambedkar Law University
ABSTRACT
The idea of remission, commutation, premature release, mercy petitions and suspension, founded partly on humanitarian considerations to the prisoners, raises an important question concerning the corresponding interests of victims within the criminal justice system. When the State reduces or terminates the period of incarceration imposed through the judicial process, the question arises as to whether the existing framework adequately accommodates the victim's interest in justice, participation, dignity and protection. This paper attempts to infiltrate through the institutional shortcomings of the prison administration system of the country, that covers the blanket of humanity over one, and leaves the other to struggle.
Through an examination of legislation, Government Orders, judicial decisions, administrative policies, publicly available records and comparative international approaches, the significant gaps in the existing framework, from the victim’s point of view elaborating upon the executive’s hegemony over the judiciary’s authority. It also examines the extent to which political considerations may intersect with ostensibly humanitarian remission policies, while recognising the need to distinguish documented governmental objectives from allegations of political influence. The paper ultimately seeks to examine whether the present remission framework strikes an adequate balance between prisoner rehabilitation, victims' rights, executive discretion, judicial authority and transparency.
Keywords: Remission, Commutation, Suspension, Premature Release, Mercy Petitions.
