The Union Ministry of Home Affairs (MHA) has recently issued revisions to the Model Prison Manual, 2016 guidelines. The modifications pertain to regulations related to parole and furlough for prisoners. This move has come as an attempt to balance the rights of the inmates and the responsibility to protect society from further harm.
Revised Guidelines: Updated Provisions for Parole and Furlough
The MHA has directed states not to release prisoners, on parole or furlough, who are deemed a threat to the security of the state or individuals. The goal of imprisonment extends beyond punishment; it also aspires to safeguard the society from criminal actions. As such, parole is not an inherent right, rather it’s a concession. Therefore, a fine balance is required between guaranteeing prisoner rights and ensuring societal protection.
The MHA has advocated for a review of state parole regulations, to assess the potential benefits and drawbacks. It cautions against the routine granting of parole and furlough, suggesting that decisions should be made by a committee comprising officers and behavioural experts. This recommendation particularly applies to those convicted of serious crimes such as sexual offences, child abduction, violence, and murder.
As an additional measure, the MHA proposes including a psychologist or criminologist, or a professional in correctional administration, on the sentence review board and the parole and furlough decision-making committee. This expert’s opinion will be sought before granting temporary release to inmates.
Background: Covid-19 and Overcrowded Prisons
The Covid-19 pandemic has put pressure on states to release prisoners in order to avoid overcrowding in prisons. Previous orders by Supreme Court of India have also addressed the need to decongest prisons, correction homes, and detention centres because of the virus outbreak. As prison management is a state subject, each state has its own set of rules regarding parole, furlough, remission, and premature release based on prisoners’ good conduct.
This revision of MHA guidelines has been prompted by reports of multiple prisoners being released on parole and furlough, only for them to commit crimes while out of jail.
Understanding Parole and Furlough
Parole is a system through which a prisoner can be released, with the suspension of their sentence. This release is conditional and typically subject to the prisoner’s behaviour. The prisoner is also required to report periodically to the authorities for a specific duration. Parole is not a right; rather it’s granted under special circumstances such as a family death or a close relative’s wedding.
On the other hand, furlough is granted in cases of long-term imprisonment and is treated as a form of sentence remission. Furlough is seen as a right given to an inmate to enable retention of family and social ties, mitigating the detrimental effects of prolonged time spent in prison.
Both parole and furlough are considered reformative processes and were introduced to humanise the prison system. These provisions fall under the Prisons Act of 1894.
The Way Forward: Reviewing Guidelines
State authorities are urged to revisit their guidelines to ensure that facilities and concessions given to inmates, such as parole, furlough, and premature release, are not misused. These privileges are designed to provide relief and aid rehabilitation but should not become a source of disadvantage or nuisance to society. Thus, maintaining a careful balance is essential moving forward.