The parole system in India is a vital component of progressive penology, designed to balance the objective of social defense with the need for prisoner rehabilitation. It serves as a bridge between the highly regulated life of a prison and the responsibilities of the outside world.
1. Concept and Nature of Parole in India
Parole is the conditional release of a prisoner before the completion of their sentence. Unlike "Furlough" (which is seen as a matter of right to maintain social ties), Parole is a discretionary grant by the executive.
Non-Right: The Supreme Court in State of Haryana v. Mahender Singh (2007) clarified that while a prisoner has no absolute right to parole, they have a right to be considered for it based on the state’s guidelines.
Objective: It aims to provide incentives for good behavior, help the prisoner maintain family contact, and assist in their eventual reintegration into society.
2. Types of Parole
Custody Parole (Emergency Parole): Granted in situations of grave emergency like the death of a family member, marriage of a direct relative, or serious illness. The prisoner remains under police escort.
Regular Parole: Granted for periods usually ranging from 30 to 90 days. It is given for reasons such as agricultural work, house repairs, or maintaining social/family bonds.
3. Constitution of Parole Boards
Prison is a State Subject (Entry 4, List II of the Seventh Schedule), meaning each state has its own specific Prison Rules and Parole Boards. However, following the Mulla Committee recommendations and the Model Prison Manual, there is a general structure for these boards:
Composition of the Board
A State-level or District-level Parole Board typically consists of the following members:
Chairperson: Usually the Home Secretary (at the state level) or the Divisional Commissioner/District Magistrate (at the district level).
Member Secretary: The Inspector General of Prisons or the Superintendent of the concerned jail.
Members:
A senior representative from the Police Department (usually at the level of DIG or SP).
A senior official from the Social Welfare Department or a Probation Officer.
Sometimes, a legal expert or a non-official member (social worker) is included to ensure an unbiased perspective.
4. Functions of the Parole Board
The Board acts as a quasi-judicial body that weighs the interests of the prisoner against the safety of society. Its primary functions include:
A. Evaluation of Eligibility
The Board scrutinizes applications based on state-specific criteria, such as:
Minimum Sentence Served: Usually, a convict must have served at least one year of their actual sentence (excluding set-off periods).
Conduct in Jail: Reviewing the "Jail Ticket" for any punishments or violations of discipline.
B. Risk Assessment
This is the most critical function. The Board analyzes:
The Police Report: The local police provide a report on whether the prisoner's release would cause a "breach of peace" or if there is a threat to the victim's family.
Likelihood of Absconding: Assessing the prisoner's roots in the community and past history (if any) of jumping parole.
C. Recommendation and Conditions
The Board recommends whether parole should be granted and sets specific conditions, such as:
Execution of a Personal Bond and/or Surety Bond.
Requirement to report to the local police station periodically (e.g., once a week).
Restrictions on travel or contact with specific individuals.
D. Review of Breach
If a prisoner violates parole conditions or commits a crime while out, the Board has the power to recommend the revocation of parole and may bar the prisoner from future parole applications for a specific period.
5. Challenges in the Parole System
Arbitrariness: Boards are often accused of being "pick and choose" in their approvals, sometimes influenced by political or social status.
Police Delays: The release is often delayed by months because the local police fail to submit the character verification report in time.
Exclusion of "Hardened" Convicts: Many state rules automatically disqualify those convicted under UAPA, NDPS (drugs), or for multiple murders, regardless of their actual reformation.
No comments:
Post a Comment