Indian Tribal News Service
New Delhi
The National Commission for Scheduled Tribes (NCST) has written to all States and Union Territories asking them to furnish information on all such tribal prisoners who have served more than 14 years in jail.
The NCST directions follow a petition by rights activist and Supreme Court lawyer Radhakanta Tripathy who argued that most of the convicts belonging to tribal communities are poor and illiterate and do not get proper legal aid during trial or to file an appeal for parole and remission.
As per provisions, life convicts and prisoners on death row in India become eligible for remission after serving 14 years in jail, which means they need not under go the rest of the sentence.
The petitioner said there are no provisions for automatic consideration of cases of such prisoners for pardon and commutation under Article 161 of the Constitution (Power of Governor to grant pardons, etc, and to suspend, remit or commute sentences in certain cases).
He also sought the constitution of a committee of experts to study and deal with such cases sympathetically. On the basis of the findings and recommendations of the working group, the commission will decide about the future course of action.
“The provisions of remission, pardon, parole and appropriate legal aid remain an untouched chapter for these victims of traditional social torture and government negligence,” the petition filed by Tripathy read.
“Most of the life convicts are poor, illiterate, unfortunate victims of circumstances… They fall victim to highhandedness and arbitrary actions of the state and negligence of authorities, and cannot complain due to lack of knowledge and money,” the activist said.
Such people do not have access to adequate and appropriate legal aid at trial court and high court levels, and hence, legal remedies remain a mirage for them, he added.
