Introduction
While incarcerated, individuals retain their Fundamental Rights, though these may be constrained. To protect prisoners’ rights, two vital mechanisms—Parole and Furlough—offer temporary respite from confinement. Parole entails the early release of a prisoner, contingent on good behavior, while Furlough grants a temporary leave of absence with the obligation to return.
Parole/Furlough: Guidelines 2010
The “Parole/Furlough: Guidelines 2010” have been authorized by the Lt. Governor, GNCT Delhi, to govern parole and furlough matters. These guidelines ensure a fair and transparent process for convicts, aiming to promote family ties, self-worth, positive attitudes, stress alleviation, and social connections.
Types of Parole
Convicts may be eligible for two kinds of parole:
- Custody Parole
- Regular Parole
Custody Parole
This form is granted in emergencies such as a family member’s death, marriage, severe illness, or other pressing situations. Custody Parole lasts for a maximum of six hours, excluding travel time, and is issued in writing by the Jail Superintendent. The prisoner is supervised during the visit, and the time spent outside is considered as part of their prison term.
Regular Parole
The Government may consider applications for regular parole based on various grounds including severe family illness, critical family situations, marriages, childbirth, and legal pursuits. Eligibility criteria include good conduct, no criminal activity during prior parole, and a waiting period of six months from the previous parole.
Disposal of Parole Applications
The application process involves submitting details to the Superintendent of Jail, who then assesses the behavior and trustworthiness of the convict. The application is forwarded to the concerned police station for a fair enquiry, and if no objection is raised, parole is granted. Rejections must be accompanied by valid reasons.
Furlough
Furlough is available to prisoners sentenced to five years or more of rigorous imprisonment who have served at least three years, excluding remission. It allows for a maximum of seven weeks of leave per year, with the initial spell lasting three weeks and subsequent spells lasting two weeks each. Eligibility criteria include good conduct, citizenship, and no convictions for specific serious offenses.
Procedure for Furlough Applications
The Superintendent of Jail forwards applications for furlough, including details of the convict’s conduct. The Director General, of Prisons, is the sanctioning authority, and furlough cases must be processed expeditiously. Conditions may be imposed in exceptional cases, and overstaying may result in penalties.
Key Differences between Parole and Furlough
While both serve as temporary releases, furlough is a right, granted periodically to maintain family ties and reduce the impact of continuous imprisonment. It is considered a remission of a sentence.
Conclusion
Parole and furlough are essential mechanisms to safeguard the rights and well-being of prisoners. Understanding their eligibility criteria, application process, and potential benefits is crucial for both prisoners and the justice system as a whole. These measures not only provide temporary relief but also contribute to the overall rehabilitation and well-being of individuals in the penal system.
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