GS Paper II

News Excerpt:

A religious leader serving 20 years in jail for rape of two women has been granted a 21-day furlough, marking his third relief this year.

About Parole:

• This process allows prisoners to be released before their sentence ends. It can last up to one month and be extended under special circumstances.
• The purpose of parole is to help prisoners with social rehabilitation, maintain family cohesion, and avoid the negative effects of constant jail life.
• It can be granted on therapeutic or compassionate grounds, such as adhering to the law, avoiding drugs or alcohol, and keeping in touch with the parole officer.

About Furlough:

• It is a type of leave from prison granted 14 days a year but may be extended for specific reasons.
• It is a reward and remission of the sentence but disallowed for specific categories of prisoners, such as rape convicts, dacoity, or NDPS (Narcotic Drugs and Psychotropic Substances).

Regulatory provisions:

• Parole and furlough are granted to prisoners under Section 432 of the Criminal Procedure Code 1973, which allows them to suspend or remit sentences.
• These rights are defined by the Prisoners Act of 1894 and the Prisoners Act 1900.

Distinction between the two:

• Parole is the temporary release of the prisoner, and the same is a furlough, but parole is granted at the prisoner's request and can be denied, whereas furlough is a basic right of a prisoner.

Significance:

• The core idea behind parole and furlough is to allow prisoners to perpetuate social and family ties, maintain their mental equilibrium, and ensure their sanity.
• The court recognises the humanistic approach behind these rights; recognising reformation is one of the objectives.
• Short-term periods on furlough and parole are essential in preventing criminal activities after release and their rehabilitation.

Issues with Furlough:

• There have been biases related to convicts of certain offences, such as terrorism, dacoity, kidnapping, mutiny against the state, rape, child sexual abuse, drug smuggling, and rape with murder.
• However, it has been noticed in many cases that preferential treatment has been given to certain influential people, and many prisoners have been denied their basic right to furlough as well.
• Various state governments formulate rules for furlough, a matter of right distinct from parole.
• In many states, the disqualification of furlough applications has been based on mental health, jeopardising the core idea of humanising incarceration.

Issues with Parole:

• Parole is typically not granted when an appeal against the conviction is pending.
• It has faced challenges, such as a lack of attention to jail rights, limited access to legal counsel, and a preference for elite individuals in granting bail.
• The primary goal is to revive prisoners' mental well-being and maintain social ties.
• However, parole has only occasionally helped reorganise lawbreakers, often leading to reoffending and criminal activities.

Way forward:

• The Prisons Act of 1894 outlines parole and furlough frameworks for prisoners, but the general population and prisoners often overlook them.
• There is a need for a new law that takes a humanitarian and unbiased approach towards parole and furlough.
• The Parole board makes parole decisions in the USA, which can be replicated. India should adopt similar practices to reduce debasement within the system.

Prelims PYQ

Q. With reference to India, consider the following statements :​ (UPSC 2021)

1. When a prisoner makes out a sufficient case, parole cannot be denied to such prisoner because it becomes a matter of his/her right.​

2. State Governments have their own Prisoners Release on Parole Rules.​

Which of the statements given above is/are correct?​

(a) 1 only ​

(b) 2 only​

(c) Both 1 and 2 ​

(d) Neither 1 nor 2