What is the news?:

• The Ministry of Home Affairs (MHA) has issued directions to all the states and the Union Territories on a system to track prisoners on parole.

 

Directions given by the Centre to track prisoners on parole:

• States should update recent photographs of prisoners released on parole/ furlough/premature release in the “ePrisons” and Interoperable Criminal Justice System database”. This will generate immediate alerts and facilitate easy tracking in the event of their violating the law.
• States should review the existing practices and procedures governing grant of parole, furlough and premature release to inmates as per provisions under the Model Prison Manual, 2016, and guidelines issued by the Home Ministry, National Human Rights Commission and the Supreme Court.
• States should ensure that the inmates released on parole, furlough and premature release do not violate the law. For this, systems must be put in place for monitoring and follow-up of each such case.
• Prison departments should update the details of any escape from the prison/custody on ‘ePrisons’ on a real-time basis. Quick availability of this information would facilitate police and other authorities concerned in nabbing the escapee/absconder.
• Appropriate systems should be put in place for monitoring and follow-up of each case of an inmate released on bail, parole, furlough and premature release etc. so that they do not indulge in criminal activities.

 

What is Parole?

• Parole generally refers to a prisoner’s temporary or permanent release before the end of a sentence in exchange for good behaviour.
• It is a type of consideration given to prisoners in order to assist them in reintegrating into society. It is nothing more than a tool for the prisoner’s social rehabilitation.
• The concept of parole has its origins in military law. The interim release was provided to prisoners of war so that they might return to their families and live as members of society for a period of time, with the promise of returning when the time period was over.
• With the passage of time, parole became an element of India’s criminal justice system, allowing inmates to participate in society for a period of time.

 

The objective of allowing parole

• Parole gives the prisoner a second chance to reform himself. Although the offender may have committed a crime, it is not desirable that he be forever stigmatized and denied the opportunity to rehabilitate himself.
• It’s a way of assisting the inmate in becoming a law-abiding citizen while also guaranteeing that he doesn’t misbehave or return to criminal activity.
• The paroling function could be useful as a “safety valve” to help keep jail populations in check in proportion to capacity, avoiding the dangers and costs of overcrowding.
• The idea of parole, as established in the case of Budhi v. State of Rajasthan (2005), serves three purposes:
• As a motivator for prison inmates to change their ways.
• Ensure that the prisoners’ family relationships are as intact as possible, as they may be prone to fracture as a result of the prisoner’s protracted confinement.
• Assist the offenders in gradually assimilating into society and
• adapting to its folds.

 

Application in India

• The laws enacted under the Prison Act of 1894 and the Prisoner Act of 1900 govern the award of parole in India.
• Each state has its own set of parole guidelines, which differ slightly from one another.
• The Prisons (Bombay Furlough and Parole) Rules, 1959, were issued under Section 59(5) of the Prisons Act, 1984, which gives the government the right to make rules.
• Certain types of convicts, such as those convicted of crimes against the state or who pose a threat to national security, non-Indian citizens, and others, are not eligible for parole.
• People convicted of murder, rape of children, multiple murders, and other crimes are likewise exempt unless the issuing authority decides otherwise.

 

Eligibility for the grant of parole

• According to the 2010 Parole/Furlough Guidelines, to be eligible for parole:
• A convict must have served at least one year in jail, excluding any time spent in remission.
• The prisoner’s behaviour had to be uniformly good.
• The criminal should not have committed any crimes during the period of parole if it was granted previously.
• The convict should not have broken any of the terms and restrictions of his or her previous release.
• A minimum of six months should have passed since the previous parole was terminated.

 

Types of parole in India

1. Custody parole or emergency parole
   • Custody parole is provided in emergency situations. Except for foreigners and those serving death sentences, all convicted persons may be eligible for emergency parole for 14 days for reasons such as the death of a family member (which includes grandparents, father, mother, spouse, son, daughter, brother, sister) and the marriage of a family member (which includes son, daughter, brother, sister), provided that emergency parole cannot be extended.
   • The Superintendent of jail grants parole, which is subject to verification of the circumstances from the concerned police station. Depending on the offence committed by the prisoner and his behaviour during his stay, the authority approving emergency parole will determine whether to give parole under police escort or with a condition to report daily to the local police station
2. Regular parole
   • Except in exceptional circumstances, offenders who have served at least one year in prison are eligible for regular parole for a maximum of one month. It is awarded for a variety of reasons, including:
     • A family member’s (which includes father, mother, spouse, son, daughter) serious illness
     • A family member’s death or an accident. (same as custody parol, as stated above)
     • A member of the family marries.
     • The convict’s wife gives birth to the child (except for high-security risk prisoners).
     • Maintain social or familial ties.
     • Natural calamities cause serious harm to the convict’s family’s life or possessions.
     • Continue to file a Special Leave Petition.

 

The distinction between parole and furloug

Parole and Furlough

• Parole: It is a system of releasing a prisoner with suspension of the sentence. The release is conditional, usually subject to behaviour, and requires periodic reporting to the authorities for a set period of time.
• Parole is not a right, and is given to a prisoner for a specific reason, such as a death in the family or a wedding of a blood relative.
• It may be denied to a prisoner even when he makes out a sufficient case, if the competent authority is satisfied that releasing the convict would not be in the interest of society.

 

Furlough:

• It is similar to parole, but with some significant differences. It is given in cases of long-term imprisonment. The period of furlough granted to a prisoner is treated as remission of his sentence.
• Unlike parole, furlough is seen as a matter of right for a prisoner, to be granted periodically irrespective of any reason, and merely to enable the prisoner to retain family and social ties, and to counter the ill-effects of prolonged time spent in prison.
• Both parole and furlough are considered as reformative processes. These provisions were introduced with a view to humanising the prison system.
• Parole and furlough are covered under the Prisons Act of 1894.