It is interesting to note that the Home Ministry has presented a proposal with recommendations to the cabinet for approval to reduce up to 90 percent of the jail sentence of convicts. The proposal provides for 90 percent reduction for prisoners who are over 70 years old and, barring those convicted of nine specific crimes that include human trafficking, smuggling, drug trafficking and poaching of protected wild animals, the other convicts would be eligible for 66 percent reduction of the sentence. In the past, several occasions like Dashain and New Year’s Day were used for the release of prisoners with their remaining terms revoked. But, the present Home Ministry proposal is unique in the sense that the aged and those serving terms for crimes besides the nine specific ones have received the focus. This particular idea may be guided by some reason but its implementation may be tricky once it receives cabinet approval. The problem that may arise is the identification process of those to be released based on the criteria.

With the good intentions that the proposal has been forwarded, it is an encouraging step to not only grant freedom to many a prisoner but also reduce the pressure on the already overcrowded prisons. Here, it may be worth noting that it is a universal rule that the jail terms vary as per the nature of the crime. The criteria are strictly laid down to guide the judges but there are grey areas where discretion holds the upper hand and that could be based on experience and precedent. This may make the delivery of justice quite complicated. It has also to be borne in mind that the sentence that an individual receives on being proved guilty by the court has the theoretical intention of his/her reformation. It also confines

the guilty behind bars so that no immediate danger has to be faced by the society at large from the person convicted.

However, the earlier approach to punishment has been challenged for quite some time now, as the reformation process, if that is the motive, may be completed earlier than the jail term prescribed. Of course, this can only be ascertained with a daily monitoring of the inmates together with psychological analysis by experts. But, this is what is lacking in Nepal. The basis for the reduction of the jail term and the release of an inmate are often governed by other factors most of which do not seem to be scientific, except in some cases where old age may be considered as a valid factor. There may be political reasons behind the blanket amnesty proposed for certain categories of prisoners. It may also serve the purpose of freeing scores of party workers belonging to the ruling parties and serving terms on various counts. The fear also remains that even convicts of crimes not eligible may get the green signal to walk out of prison. Howsoever welfare oriented it may look on surface, once the proposal is approved, misuse of its provisions could be another source of worry, because of political interference. However, if adequate safeguards are put in place to prevent possible misuse of the provisions, the reformative process could get a boost.