Previous Year Question
With reference to India, consider the following statements:
When a prisoner makes out a sufficient case, parole cannot be denied to such prisoner because it becomes a matter of his/her right.
State Governments have their own Prisoners Release on Parole Rules.
Which of the statements given above is/are correct?
1 only
2 only
Both 1 and 2
Neither 1 nor 2
Correct Answer: B
Detailed Solution
Statement 1 is incorrect
Parole is not an absolute or automatically enforceable right of a prisoner. It is a form of conditional temporary release granted by the competent authority under the applicable State law, rules and circumstances of the case.
A prisoner may apply for parole and claim fair consideration of the application, but merely presenting a sufficient ground does not make the grant of parole compulsory.
Factors that may be considered include—
Nature and seriousness of the offence
Prison conduct of the prisoner
Purpose of release, such as serious illness, death, marriage or family necessity
Risk of absconding
Possibility of influencing witnesses or victims
Effect upon public order and public safety
Reports of the police and district administration
Compliance with the conditions of any previous parole
The competent authority may therefore refuse parole for valid reasons under the applicable rules. The decision must not be arbitrary, but parole cannot be treated as an unconditional right.
Statement 2 is correct
Entry 4 of the State List in the Seventh Schedule covers prisons and persons detained in them. Prison administration and parole rules therefore fall principally within the jurisdiction of State Governments.
State Governments may have their own—
Prisoners Release on Parole Rules
Prison Rules
Prison Manuals
Furlough and premature-release policies
Consequently, the eligibility criteria, period, procedure and conditions of parole may differ from one State to another.
Difference between parole and furlough
Parole
Is generally temporary release granted for a specific and immediate reason.
Requires the prisoner to present the relevant ground.
Remains subject to public-safety considerations and prescribed conditions.
Furlough
Is generally a periodical release available to eligible long-term prisoners to break the monotony of prison life and maintain social relationships.
Eligibility and duration depend upon the rules of the concerned State.
Role of the Central Government
As prisons are a State subject, the Union Ministry of Home Affairs may issue model manuals and advisories but does not directly replace State parole rules. States must adopt such measures through their own laws and rules.