Parole and Furlough

Why in news?

• The Supreme Court has formulated broad principles governing rules for granting parole and furlough, holding that parole and furlough are distinct in nature and that although furlough can be claimed without a reason, the prisoner does not have an absolute legal right to claim furlough.

Differences between 'furlough' and 'parole':

• Parole
  • It is a system of releasing a prisoner with suspension of the sentence.
  • The release is conditional, usually subject to behaviour, and requires periodic reporting to the authorities for a set period of time. Parole is considered a reformative process.
  • The provision (along with furlough) was introduced with a view to humanising the prison system.
  • In India, parole (as well as furlough) are 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 prisons is a State subject in the Constitution, the Prisons Act of each state government defines the rules under which parole is granted in that state.
  • Parole is granted by the state executive — the jail authorities submit the report to state government — and the competent authority takes a final decision on grant of parole on humanitarian considerations.
  • If a plea for parole is rejected, the convict can move the High Court challenging the order of the competent authority.
• 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 remission of his sentence.
  • Furlough is 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

The principles laid down by the Supreme Court are:

• (i) Furlough and parole envisage a short-term temporary release from custody
• (ii) While parole is granted for the prisoner to meet a specific exigency, furlough may be granted after a stipulated number of years have been served without any reason.
• (iii) The grant of furlough is to break the monotony of imprisonment and to enable the convict to maintain continuity with family life and integration with society
• (iv) Although furlough can be claimed without a reason, the prisoner does not have an absolute legal right to claim furlough
• (v) The grant of furlough must be balanced against the public interest and can be refused to certain categories of prisoners.

PRACTICE QUESTION:

With reference to rules regarding granting of parole and furlough in India, consider the following statements:

1. Parole is granted by the state executive.

2. If a plea for parole is rejected, the convict can move the High Court challenging the order of the competent authority.

3. Although furlough can be claimed without a reason, the prisoner does not have an absolute legal right to claim furlough.

Which of the statements given above is/are correct?

(a) 1 only

(b) 1 and 3 only

(c) 2 and 3 only

(d) 1,2 and 3

Answer