GS 2: Governance
Context:
The Delhi High Court is currently reviewing a petition challenging the Delhi Prison Rules, 2018, specifically questioning whether the denial of furlough—despite an inmate’s good conduct—conflicts with the reformative principles of the criminal justice system.
Understanding Parole:
- Definition: Parole is a temporary, conditional release of a prisoner before completing their sentence, typically granted for urgent personal reasons such as a family emergency or medical issues.
- Purpose: It serves as an opportunity for inmates to reconnect with society, particularly their family and social circle.
- Duration: Generally allowed for up to one month, with the possibility of an extension in exceptional cases.
Who is Ineligible for Parole?
- Individuals convicted of offenses against the state or those considered a threat to national security.
- Convicts found guilty of heinous crimes such as child rape, murder, or other serious offenses, unless the granting authority decides otherwise.
Understanding Furlough:
- Definition: Furlough is a pre-approved leave granted to long-term inmates as part of their reintegration process, even as their sentence remains in effect.
- Objective: It helps break the psychological monotony of imprisonment and ensures the inmate maintains social ties, encouraging rehabilitation through good behavior.
- Legislative Aspect: Unlike parole, furlough does not follow uniform laws across states and is subject to individual state prison rules.
Key Differences Between Parole and Furlough
Aspect | Parole | Furlough |
Purpose | Granted for specific reasons like emergencies | Aims to provide relief from prolonged imprisonment |
Granting Authority | Divisional Commissioner | Deputy Inspector General of Prisons |
Legal Status | Suspends the sentence temporarily | Sentence continues during furlough |
Legal and Constitutional Perspectives
- No Specific Provisions: Neither the Prisons Act, 1894, nor the Prisoners Act, 1900, explicitly defines parole or furlough.
- State Rulemaking Power: Section 59 of the Prisons Act allows state governments to frame rules regarding sentence reduction as a reward for good behavior.
- Judicial Precedent: In the KM Nanavati case (1960), the Supreme Court clarified that a Governor’s power under Article 161 does not extend to suspending sentences while an appeal is pending.
Evolving Legal Trends in India
- State-Level Practices: Some states restrict furlough during ongoing appeals, requiring prisoners to seek judicial intervention for relief.
- Role of NALSA: The National Legal Services Authority (NALSA) has highlighted disparities in state policies, where certain states treat furlough during appeals as a legal matter, limiting its application.
Mains question
Examine the significance of parole and furlough in the reformative justice system. How do they contribute to the rehabilitation of prisoners?
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