Article:
The Supreme Court of India recent ruling regarding the period of parole granted to convicts during the COVID-19 pandemic has brought parole and its terms into sharp focus. In order to curb overcrowding in prisons and curtail the risk of infection, many prisoners were granted parole during the pandemic. However, the court stipulated that this parole period will not be counted as part of their actual sentence duration.
Understanding Parole and Furlough
Parole and furlough are key terms in the corrections ecosystem. Parole is essentially a system where a prisoner is released before completing their sentence. This release, however, comes with certain conditions which are typically tied to the individual’s behavior while outside the prison walls. These individuals must report to authorities periodically. Parole isn’t considered a right for convicts, but a privilege granted due to specific reasons like attending a family funeral or a blood relative’s wedding. For instance, a convict might not get parole, even if they present a strong case, if the authority believes that releasing them might pose a threat to society.
Furlough, on the other hand, is quite similar to parole, but has few significant differences. It is generally granted to those serving long-term sentences. The period of furlough granted counts as remission of the convict’s sentence. Furlough, unlike parole, is treated as a right for the prisoner and is granted periodically irrespective of any reason. The idea behind furlough is to allow prisoners to maintain their family and social ties and mitigate the ill-effects of lengthy time spent in prison.
Parole, Furlough, and Prison Reforms
Both parole and furlough are viewed as instruments of reform. They were introduced as measures to humanize the prison system. The provisions for parole and furlough are included in the Prisons Act of 1894.
Parole Rules and State Governments
Interestingly, state governments within India have the authority to enforce their own rules regarding the release of prisoners on parole. Hence, there can be variations in how parole is granted from one state to another.
Supreme Court’s Take on Parole during COVID-19 Pandemic
The Supreme Court’s ruling has clarified that parole granted during the COVID-19 pandemic will not count towards the actual sentence duration. This ruling was given in the wake of measures to reduce prison overcrowding to limit the spread of infection.
UPSC Civil Services Examination Question on Parole
In the 2021 UPSC civil services examination, there was a question related to parole. The question was as follows:
“When a prisoner presents a compelling case, can parole be denied since it becomes a matter of their right? Do state governments have their own rules on prisoner release on parole?”
The question required candidates to choose the correct statement from these two options. The correct answer was “State Governments have their own Prisoners Release on Parole Rules”.
Source: IE
