JAGTIV · Previous Year Questions

UPSC

POLITY · 2021

Previous Year Question

With reference to India, consider the following statements:

  1. When a prisoner makes out a sufficient case, parole cannot be denied to such prisoner because it becomes a matter of his/her right.

  2. State Governments have their own Prisoners Release on Parole Rules.

Which of the statements given above is/are correct?

A.

1 only

B.

2 only

C.

Both 1 and 2

D.

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.

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