Women need serve 14 yrs for lifer, men up to 28: Bombay High Court
The ruling was delivered on March 15 by Justices Abhay Thipsay and P V Hardas, who were hearing a petition filed by Usha Upadhyay challenging the decision of the state government in respect of benefit of premature release to be given to her on the basis of guidelines framed by the Government.
"In our opinion, category 1 of 2010 guidelines, which is exclusively for women offenders, must cover all cases of women offenders and that they can be fitted only in that category.
Because of creation of a special category of women offenders the other categories which are of a general nature, classified on the basis of nature of offences, would not apply to women," the Judges held while interpreting the guidelines.
"Consequently, we hold that the order dated September 4, 2012, passed by the Government of Maharashtra placing the petitioner in Category 5(b) of 1992 guidelines and Category 6(a) of 2010 guidelines, is not proper and that the petitioner may be placed in Category 1(b) of 2010 guidelines for considering her premature release", noted the judges.
"We, therefore, allow the petition by setting aside the (impugned) order dated 4 September 2012 and direct that the petitioner's case be considered in accordance with the Category 1(b)
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