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.
