The order issued by the Interior Ministry to release a particular group of prisoners in a “special remission” on the initiative of Azadi Ka Amrit Mahotsav is truly an elixir of new ideas and commitments which is a small but significant step towards moving our criminal justice system from a punitive platform to a restorative platform. However, for professionals such as forensic psychologists, criminologists and behavioral scientists, whose primary responsibility is to administer justice, safety and emotional well-being beyond the courts, it is of great concern to address the huge need for support to prevent released prisoners from relapsing.

Last month, prison authorities received directives to grant a special discount. Eight categories of prisoners in three phases (August 15, 2022, January 26, 2023 and August 15, 2023) are proposed to be released. The selection criteria highlight the pre-existing bio-psycho-socio-cultural vulnerability of offenders.

Demographic criteria such as being female, transgender, elderly, physically disabled, terminally ill, poor or destitute, and young demonstrate physical and psychosocial vulnerabilities. In addition, convicts who have served two-thirds of their total sentence are also eligible for release. This assumed that these prisoners were more likely to be reformed through the programs inside the prison.

In recent years, discussions to make the Indian criminal justice system more restorative have intensified as it is based on a set of principles on repairing the harm done to an individual and the relationship with the community while taking the offender responsible for the act. On the contrary, retributive ideology is one where the system mainly focuses on punishing the offender. Restorative justice aims to develop the capacity of the offender to repair the harm caused, to accept responsibility and not to reoffend.

This involves working with the victim, the offender and the community to ensure safety and security by facilitating the rehabilitation, reform and reintegration of victims and offenders, and mediation between the duo. The current order is a rare opportunity for offenders to be reinstated before the end of their sentence.

The guidelines suggest that counseling be given to prisoners before their release in order to facilitate their reintegration into a social condition they no longer know. However, extending such support cannot be a one-time service. Nor can it be limited to the release period. These counseling services are also crucial for friends and families. The return of ex-prisoners can be perceived as a threat by their friends, their families and their victims. If these perceptions are true, intervention to reduce the fear of crime and destigmatize the associated shame is essential. Thereafter, the families will be able to monitor the well-being of the ex-inmates.

Three phases of services are crucial for the reintegration of ex-prisoners. First, incarceration rehabilitation programs should prepare offenders for their eventual release. Second, programs during the offenders’ release period should aim to connect them with the various services they may need. Third, long-term programs outside prison should provide support and supervision for permanent reintegration.

The risk of recurrence is high if such support is not provided. A successful reintegration process requires addressing the social, psychological and economic issues of ex-convicts to achieve self-sustaining livelihood and internal resistance development. Thus, psychosocial support must be continuous, accessible, available and affordable.

In 2012, Vaya launched Buddha counseling services at Sabarmati Central Jail. Yet no professional mental health services were made available to released prisoners. There is also no mechanism to control and supervise them?

This year, the School of Criminology and Behavioral Sciences at Rashtriya Raksha University proposed to establish a Mental Health Forensic Services Center at Sabarmati Prison. The main objective is to provide the necessary psychosocial care and support through assessments and therapy. The general objective of the center is to help (ex)-prisoners to heal, to develop their self-esteem and to develop their skills.

To sustain this model, it is necessary to train students in relevant field work. New academic programs such as Neurocriminology and Applied Victimology can help develop new frameworks for implementing, monitoring and evaluating support services. Currently, mental health professionals treat offenders and victims only through referrals. Therefore, prison authorities and courts should proactively issue remand orders for offenders. The government should provide infrastructure and funds to ensure the psychological well-being of ex-convicts.

(Dr SL Vaya is Director and S Arumugham Assistant Professor in the School of Criminology and Behavioral Sciences, Rashtriya Raksha University, Gujarat)