PAROLE AND FURLOUGH

1. Context

2. Parole

• Parole is a system of releasing a prisoner with the suspension of the sentence. The release is conditional, usually subject to behavior, and requires periodic reporting to the authorities for a set period. Parole is considered a reformative process. The provision(along with furlough) was introduced to humanize the prison system.
• In the united states and Britain, every sentence above 18 months is eligible for people, after the completion of one-third of prison time.
• In India, parole (as well as furlough) is covered under the Prisons Act of 1894. Prisoners convicted of multiple murders or under the anti-terror Unlawful Activities Prevention Act (UAPA) are not eligible for parole.
• Since prison is a state subject in the constitution, the prison act of each state government defines the rules under which parole is granted in that state.
• State governments have their Prisoner released on parole rules. For Instance, in Rajasthan, initial parole is granted for 20 days; a second parole is for 30 days, and a third parole is for 40 days. Thereafter, the prisoner can apply for permanent parole.
• Parole is granted by the state executive- the jail authorities submit the report to the state government and the competent authority takes a final decision on the grant of parole on humanitarian considerations.
• If the plea for parole is rejected, the convict can move to the High court to challenge the order of the competent authority.
• Apart from regular parole, the superintendent of jail can also grant parole for up to seven days in emergencies.

3. Furlough

• This is a concept broadly similar to parole, but with some significant differences. Furlough is given in cases of long-term imprisonment. The period of furlough granted to a prisoner is treated as the remission of his sentence.
• 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.
• Parole, by contrast, is not seen as a matter of 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.
• Parole 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.
• Parole is not often granted to the convicts sentenced to death, or to those who, in the opinion of jail authorities, are likely to flee when released from Prison.

4. Pros and Cons of the Parole System

4.1 Advantages of the parole system

• Reduces overcrowding of the jail population
• Reduces taxpayer expenses.
• Rewards people willing to work for parole.

4.2 Disadvantages of the Parole System

• Allows criminals to start committing crimes again-In Saibanna vs the State of Karnataka, the appellant who was arrested for killing his first wife killed his second wife and child during the parole period.
• Difficulty in supervision.
• Difficulty finding work during parole.
• Executive arbitrariness in granting parole.
• Misuse of Parole.

For Prelims