States are competent to take decisions on early release of prisoners: MHA to Rajya Sabha

Members of Parliaments in Rajya Sabha asked whether there are standard criteria to determine the behaviour of convicts as part of decisions for the early release of prisoners and its details.

Responding to the question, Minister of State for Home Affairs Nityanand Rai said that 'Prisons/persons' detained therein' is a 'State List' subject under Entry 4 of List II of the Seventh Schedule to the Constitution of India.

Administration and management of prisoners is the responsibility of respective State governments. They are competent to take appropriate decisions in matters of early release of prisoners in terms of the procedure given in Sections 432-435 of the Code of Criminal Procedure, 1973, he said.

On being asked on what basis the central government concur or disagree with State government opinions on the behaviour of convicts as it pertains to early release, the Minister said that the State government concerned makes an assessment of such cases at their level, including an assessment of the behaviour of the convict.

The members further asked how the central government consider factors such as the number of days out of jail (furlough and parole) and complaints of threatening witnesses as part of its determination of good behaviour, on this Rai replied that the Ministry of Home Affairs (MHA) has circulated a Model Prison Manual to all States and Union Territories (UTs) in 2016, which has a specific chapter (Chapter XX) on "Premature Release".

The model manual, inter-alia, provides guidance on the general criteria and process which may be followed for considering a convicted prisoner for premature release from jail, under the provisions of law and applicable rules and regulations of the State government concerned. The Model Prison Manual is available on the website of the MHA. (ANI)