Mercy Petitions in India

A mercy petition is a formal request for clemency. It is typically submitted to the President of India or a state Governor. This petition is often filed by individuals sentenced to death or life imprisonment.

Legal Framework

The right to file a mercy petition is based on specific articles in the Constitution of India:

• Article 72: Empowers the President to grant pardons and reprieves, especially in death penalty cases.
• Article 161: Allows Governors to grant pardons and commute sentences, excluding death sentences.

Types of Clemency

Clemency can take various forms:

• Pardon: Complete forgiveness that erases the legal consequences of a crime.
• Commutation: Changing a death sentence to life imprisonment or a lesser sentence.
• Reprieve: Temporary suspension of a sentence.
• Respite: Reduction of a sentence based on special circumstances.

Filing a Mercy Petition

The process for submitting a mercy petition involves several steps:

1. Eligibility: The petition is usually filed by the convict or their legal representatives.
2. Submission: The petition is submitted to the President or Governor, depending on jurisdiction.
3. Review: Authorities, including legal advisors and the Ministry of Home Affairs, review the petition.
4. Decision: The final decision is made by the President or Governor, who may accept or reject the petition.

Grounds for Mercy

Several grounds can be cited in a mercy petition:

• Humanitarian Grounds: Factors like illness, age, or mental health issues of the convict.
• Miscarriage of Justice: Evidence suggesting wrongful conviction or procedural errors during the trial.
• Rehabilitation: Demonstrated reform and good behaviour while incarcerated.
• Public Sentiment: Consideration of public opinion or the societal impact of the crime.

Landmark Cases

Several notable cases have shaped the understanding of mercy petitions:

• Rajiv Gandhi Assassination Case: The mercy petition of convict Murugan brought into light complexities in the mercy petition process.
• Kehar Singh vs. Union of India (1989): The Supreme Court upheld the President’s authority to reject mercy petitions, stressing the finality of such decisions.
• Shatrughan Chauhan vs. Union of India (2014): The Supreme Court ruled that undue delays in deciding mercy petitions could lead to commutation of death sentences.

Statistics and Trends

The filing of mercy petitions has varied over the years. High-profile cases often lead to an increase in petitions.

• Outcomes: A small percentage of petitions are granted. Many petitions remain rejected or pending for long periods.

Criticism and Controversies

The mercy petition process has faced criticism on several fronts:

• Delay in Decisions: Prolonged decision-making can cause psychological distress for convicts.
• Political Influence: Allegations exist that political factors can influence decisions on mercy petitions.
• Lack of Transparency: The process is often viewed as opaque, raising concerns about the criteria used for decisions.

Current Status

The mercy petition process remains a vital part of the Indian criminal justice system.