Furlough and Parole in India

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.