Karnataka: No Early Release for Prisoners Convicted of Crimes Against Women, Multiple Murders

New Delhi: Even as the BJP government in Gujarat faces backlash for granting remission to 11 convicts in the Bilkis Bano case, the Karnataka government – another BJP-led one – is working on formulating a new set of guidelines that would prevent the early release of prisoners who have committed similar offences.

The Karnataka government's new set of guidelines for prisoners serving life terms will ensure that those convicted of crimes against women and multiple murders are not eligible for early release, according to the Indian Express.

In any way, to be eligible for premature release, any convict facing a lifer must have already spent 14 years in jail and demonstrated 'good behaviour' as per the existing norms.

However, the Karnataka government in its Cabinet meeting on July 22 issued clearance to ensure that the new guidelines under the state remission policy do not consider those convicted in the cases of crimes against women and multiple murders for early release.

The decision to keep such convicts out of the state remission policy comes after the name of a man convicted of four murders figured in the recent state government list of prisoners eligible for premature release.

The Karnataka Prisons and Correctional Services department recently recommended the early release of Praveen Kumar, the prisoner in question, leading to serious objections from the families of the victims. He was awarded life-term after he was convicted for four murders that took place in the Dakshina Kannada region of the state in 1994. Kumar was convicted for the murder of his aunt, her two children, and a grandchild at Vamanjoor in Mangalore.

After the prison authorities said he would be released on grounds of good behaviour, families of the victims opposed the move, forcing the state government to reconsider the matter.

"We have resolved in the Cabinet that persons accused of rape and murder must not be released. The move to release Praveen Kumar was initiated much before the Cabinet decision," said Karnataka home minister Araga Jnanendra, according to Indian Express, after he was approached by the family members of the victims.

In the July 22 Cabinet meeting, the state government released a list of those who are eligible and those not eligible under the remission policy for premature release.

Prisoners who are not eligible for early release include those convicted of terrorist activities; dowry killings; counterfeiting of currency notes; or under the provisions of the Protection Of Children from Sexual Offences Act, 2012; Immoral Traffic Prevention Act, 1956; Prevention of Money Laundering Act, 2002; Black Money and Imposition of Tax Act, 2015; Narcotic Drugs and Psychotropic Substances Act, 1985; Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005; and Prevention of Corruption Act, 1988, according to The Hindu.

On the other hand, those who can be considered for remission include women and transgender convicts aged above 50 and already completed 50% of their total sentence period; male convicts 60 years and above and who completed 50% of their sentence; convicts with 70% physical disability who have completed 50% of their sentence; terminally-ill convicts; convicted persons who have completed 66% of their total sentence period; and persons who have committed an offence at a young age, between 18 and 21 years, and who have completed 50% of their total sentence period, the newspaper added.

Decision comes months after Bilkis Bano convicts set free

The latest decision by the Karnataka government assumes significance given that lately there has been a severe backlash across the country against the Gujarat government's decision to release convicts in the Bilkis Bano case prematurely. The 11 convicts were convicted of raping Bano and killing 14 people, including Bano's three-year-old daughter.

It has also emerged recently that while the convicts in the Bilkis Bano case were on parole – before they secured early release on August 15 – one of them, Mitesh Chimanlal Bhatt, was booked for outraging the modesty of a woman, in June 2020.

On the other hand, other convicts repeatedly surrendered late when they were allowed temporary release from prison. In fact, the above information regarding the behaviour of convicts during parole was stated by the Gujarat government itself in its affidavit filed before the Supreme Court opposing the pleas challenging the early release of convicts.

While the opposition parties and civil society organisations have been demanding that the decision to release convicts in the Bilkis Bano case be rolled back, the Union and Gujarat governments asserted that there was no going back. In fact, they defended the decision, underlining that they were released for "good behaviour".

Union parliamentary affairs minister Prahlad Joshi had said, "I don't find anything wrong in it as it is a process of law."

The submissions made by the Gujarat government itself in its affidavit before the Supreme Court indicate that the behaviour of convicts was anything but that can be construed as "good behaviour" given their violations of the parole guidelines.

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