No Uniformity in parole and furlough rules across the country

Subject : Polity

Context : Lack of uniformity in parole rules does not bode well for the criminal justice system.

Concept :

There was a huge uproar in the media when Dera Sacha Sauda chief Gurmeet Ram Rahim Singh, a convict serving a 20-year prison sentence for raping two disciples, was seen organising an online ‘satsang’ while on a 40-day parole in October.
On the other hand, S. Nalini, a convict in the Rajiv Gandhi assassination case, who was serving life imprisonment, was given several extensions of parole from December 2021 until her release.

Parole and Furlough

Both parole and furlough are considered as reformative processes. These provisions were introduced with a view to humanising the prison system.
The Prisons Act, 1894, and the Prisoners Act, 1900, did not contain any specific provision pertaining to parole and/or furlough.
State are empowered to make such rules: Section 59 of the Prisons Act empowers States to make rules inter alia “for the shortening of sentences” and “for rewards for good conduct”.
It should be noted that Prisons, Reformatories, and other associated institutions fall in the State list of the Seventh Schedule of the Constitution.

Parole:

It is a system of releasing a prisoner with suspension of the sentence.
The release is conditional, usually subject to behavior, and requires periodic reporting to the authorities for a set period of time.
Parole is not a right, and is given to a prisoner for a specific reason, such as a death in the family or a wedding of a blood relative.
It may be denied to a prisoner even when he makes out a sufficient case, if the competent authority is satisfied that releasing the convict would not be in the interest of society.
It requires periodic reporting to the authorities for a set period of time. It is granted to that person who has already served a portion of his or her sentence.
Types of parole : Regular and Emergency or Custody parole

Custody parole:

It can only be given in emergency events and circumstances, such as the death of a family member, the marriage of a family member, a family member’s major illness, or any other emergency situation.
During the custody parole, the prisoner must be escorted to and from the location of visitation in order to ensure the prisoner’s safe custody.
Such inmates would be considered to be in prison for the duration of the sentence, and the time would be counted as time spent in prison.

Regular Parole

In Regular Parole, the prisoner is released based on certain terms and conditions.
So, the Parolee (Prisoner) must follow the rules mentioned in the Parole.
In Regular Parole, there are no police with the prisoner like in custody parole, therefore it is considered discretionary parole.

Furlough

It is similar to parole, but with some significant differences. It is given in cases of long-term imprisonment The period of furlough granted to a prisoner is treated as remission of his sentence.
Unlike parole, furlough is seen as a matter of right for a prisoner, to be 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 long time imprisonment
The right to be released on furlough is a substantial and legal right of the prisoner, and it cannot be rejected if permitted by law.

Differences between Parole and furlough

S.no	Parole	Furlough
1	It is not a right of the prisoner	It is right of the prisoner
2	It is releasing a prisoner with a suspension of the sentence.	It is releasing a prisoner with remission of his sentence.
3	In the case of short-term confinement, parole may be granted.	In the case of long-term confinement, Furlough may be granted.
4	It can be granted a number of times.	There is a limitation to grant furlough.
5	Parole lasts for one month.	Furlough lasts for fourteen days maximum.
6	A specific justification is necessary.	It is to break the monotony of punishment so no justification is needed.
7	The days of leave aren’t included within the sentenced period.	The sentence of convict goes along with the furlough period.
8	It is granted by the Divisional Commissioner.	It is granted by the Deputy Inspector General of Prisons.