Q. With reference to India, consider the following statements:
- When a prisoner makes out a sufficient case, parole cannot be denied to such prisoner because it becomes a matter of his/her right.
- Each state government has its own rules for prisoner release on parole.
- Both parole and furlough are legal rights of prisoners.
Which of the statements given above is/are correct?
Answer:
Only one
Notes:
- When a prisoner makes out a sufficient case, parole cannot be denied to such prisoner because it becomes a matter of his/her right. Incorrect: Parole is a temporary release of a prisoner with sentence suspension, but not a right. It may be denied even if a valid case is made. It is granted only for urgent reasons like severe illness or a family member’s death, with approval from the deputy home secretary of the state. Furlough, unlike parole, is considered a right for prisoners, granted periodically without specific reasons to help maintain family and social ties. However, both parole and furlough can be denied if deemed against public interest.
- Each state government has its own rules for prisoner release on parole. Correct: State governments have their own Prisoner Release on Parole Rules, as ‘Prisons’ is a State subject under the Seventh Schedule of the Constitution. The Prisons Act, 1894, empowers states to regulate parole, furlough, and remission as part of jail reforms.
- Both parole and furlough are legal rights of prisoners. Incorrect: Parole is a privilege, not a right, granted for urgent needs like medical or family emergencies, subject to strict scrutiny for public safety. Furlough helps prisoners maintain family ties and break imprisonment monotony but remains discretionary, balancing reform with public interest.