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Parole

  • IASbaba
  • October 18, 2022
  • 0
Indian Polity & Constitution
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In News: Gurmeet Ram Rahim, the head of Dera Sacha Sauda, was released from Sunaria jail in Rohtak on a 40-day parole.

  • Ram Rahim is serving a 20-year jail term after he was convicted in 2017 for raping two disciples in his ashram in Sirsa.

What is parole?

  • Parole 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.

Furlough

  • A broadly similar concept is furlough, which is given in case of long-term imprisonment.

Difference between parole and furlough

  • While furlough is seen as a matter of right, to be granted periodically irrespective of any reason and merely to enable the prisoner to retain family and social ties, parole is not a matter of right and may be denied to a prisoner even when he makes out a sufficient case.

Why is parole given?

  • The Supreme Court in ‘Asfaq vs State of Rajasthan and Others’ in 2017 said the main purpose of parole and furlough — a conditional temporary release, but with a benefit that such a period of release is considered part of the total sentence — is to afford a convict the opportunity to solve their personal and family problems and enable them to maintain their links with society.

Who is entitled to it?

  • Each state has its own parole policy, which is slightly different from each other.
  • Certain types of prisoners, non-Indian citizens, etc. who are convicted of crimes against the state or threaten national security are not eligible for parole.
  • Persons convicted of murder, child rape, multiple murders, and other crimes are also exempt unless the issuing authorities make a specific decision.

Eligibility

  • A convict must have served at least one year in jail, excluding any time spent in remission.
  • The prisoner’s behavior had to be uniformly good.
  • The criminal should not have committed any crimes during the period of parole if it was granted previously.
  • The convict should not have broken any of the terms and restrictions of his or her previous release.

What is the process involved?

  • Temporary release under provisions for parole or furlough is given by the state, but its decision can be challenged before a court of law.
  • The Rules framed under the 1988 Act in 2007 state that a prisoner can seek temporary release by submitting an application before the Jail Superintendent who in turn will forward the application and a report of his to the District Magistrate.
  • The District Magistrate will then forward the case with his recommendations to the Director General of Prisons for grant of parole or otherwise.
  • In certain types of cases, the Divisional Commissioners or District Magistrates can take decisions at their own level as per a notification issued by the government in 2017.

Source: Indian Express

Previous Year Question

Q.1) With reference to India, consider the following statements: (2021)

  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?

  1. 1 Only
  2. 2 Only
  3. Both 1 and 2
  4. Neither 1 nor 2

 

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