Millennium Post (Kolkata)

Panel for plight of tribal inmates to be formed

‘They don’t get proper legal aid during trial’

- OUR CORRESPOND­ENT

NEW DELHI: The National Commission for Scheduled Tribes (NCST) has decided to form a working group to study the plight of tribal inmates on death row and life convicts, who are languishin­g in jails after 14 years of incarcerat­ion.

It has also written to states and union territorie­s asking them to furnish informatio­n on such prisoners.

The directions have come on a petition which argued that most of the convicts belonging to tribal communitie­s are “poor and illiterate” and do not get proper legal aid during the trial or to file an appeal for parole and remission.

Life convicts and prisoners on death row in India become eligible for remission after serving 14 years in jail, i.e. the rest of the sentence need not be undergone.

The petition filed before NCST by rights activist and

Supreme Court lawyer Radhakanta Tripathy said there are no provisions which provide for automatic considerat­ion of cases of such prisoners for pardon and commutatio­n under Article 161.

Tripathy has sought the constituti­on of a committee of experts to study and deal with such cases sympatheti­cally.

Informatio­n has been sought from states and union territorie­s. 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.

“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. Such people do not have access to adequate and appropriat­e legal aid at the trial court and high court levels, and hence, legal remedies remain a mirage for them”, he added.

DARJEELING: A Protection of Children from Sexual Offences (POCSO) Court in Darjeeling convicted a 42-yearold for the rape of a 11-year-old minor girl.

“Convicted Daniel Tirkey was awarded 20 years of Rigorous Imprisonme­nt and a fine of Rs. 20,000 by Judge Raja Roy. He was convicted under Section 4 of the POCSO Act,” stated Pranay Rai, Public Prosecutor. On 14 August 2016, an FIR was lodged by a lady at a police station in the Kurseong sub division stating that her 11-year-old daughter was missing. The minor was later found coming out from the residence of Tirkey. She had then confided that she had been raped by him. Based on the FIR, Tirkey had been arrested and sent to the correction­al home in Darjeeling.

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REPRESENTA­TIONAL IMAGE

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