Objective of Parole:
Parole is a rehabilitative practise that seeks to change such people’s characteristics. If the delinquent indicates that he can alter his ways and will stop criminal actions that are harmful to the community, as well as if he shows an overall improvement in his character and conduct, the purpose of this correctional strategy is met.
The idea of parole is established in Budhi V. State of Rajasthan[1], with these purposes –
- As a motivator for convicts in prison to modify their ways.
- Maintain as many of the prisoners’ family relationships as possible, as they may be prone to shatter because of the prisoner’s prolonged detention.
- Assist offenders in progressively assimilating into and adapting to society.
In Charanjit Lal V. State of Delhi[2], some guidelines were given –
- The four primary purposes that a state hopes to achieve by punishing an offender are deterrence, prevention, retribution, and reformation.
- Life offenders should be considered for parole on a regular basis, and opportunities should be offered for them to not just deal with personal and family issues, but also to maintain their ties to society.
- They must be permitted to breathe fresh air for at least a brief time if they maintain good behaviour throughout their incarceration and demonstrate a desire to heal and become good citizens.
- While in prison, the redemption and rehabilitation of such inmates for the good of society must be given due consideration.
Process of Parole:
Following an inmate’s request for parole, the jail authority (Superintendent) obtains a report from the police station that made the arrest, as is customary procedure. The report is subsequently forwarded to the Deputy Secretary, Home (General), State Government, together with all other documentation such as a medical report (in the case of illness as a justification for release) and the Superintendent’s recommendation, who makes the ultimate decision on the application. In some jurisdictions, the application, along with the police report and recommendation, is forwarded to the Inspector General of Prisons, who subsequently reviews it before the District Magistrate. The State Government makes the decision in cooperation with the District Magistrate.
- Eligibility and Assessment: Not all convicts are eligible for parole, and the standards differ between jurisdictions. Parole boards or parole officers perform in-depth evaluations, considering criteria such as the nature of the offence, the offender’s behaviour in prison, and the presence of a credible re-entry plan.
- Conditions of Parole: Individuals granted parole must follow the terms imposed by the parole board. Regular check-ins with a parole officer, participation in counselling or treatment programmes, employment requirements, and restrictions on travel or affiliation with individuals are examples of these conditions. The purpose is to provide structure and support while also measuring the progress of the individual.
- Revocation and Reintegration: Parole is not a guarantee of freedom. Violations of parole requirements can result in revocation, which means the offender must return to jail to serve the remainder of their sentence. Parole completion, on the other hand, indicates a smoother reintegration into society, as the individual has showed a commitment to constructive change.
Legal Provisions:
The Power to Suspend or Remit Sentences is covered by Section 432 of the Criminal Procedure Code, 1973. In Sunil Fulchand Shah v. Union of India[3], the Supreme Court said explicitly that “parole does not amount to suspension of sentence.” As a result, it is evident that Section 432 of the Criminal Procedure Code does not apply to parole.
Individual states have their own rules governing parole because there are no parts of the Code of Criminal Procedure, 1973 that deal with it, and because there is no unified legislation in India that deals with it. As a result, there is considerable ambiguity when it comes to parole considerations.
Types of Parole in India:
- Custody or Emergency Parole: In an emergency, custody parole is granted. Except for foreigners and those on death row, all convicted individuals may be eligible for 14-day emergency release for circumstances such as the loss of a family member, and the marriage of a family member provided that emergency parole cannot be extended.
The authority approving emergency parole will decide whether to grant parole under police escort or with a requirement to report daily to the local police station based on the offence committed by the prisoner and his behaviour during his stay. The prisoner will be responsible for the expenditures of a police escort prior to his parole release.
- Regular Parole: Regular parole is available to offenders who have served at least one year in prison for a maximum of one month. It is given for a few purposes, including:
- A family member’s serious illness.
- A family member’s death or an incident.
- A member of family marries.
- Convict’s wife gives birth to the child.
- Maintain social or familial ties.
- Natural calamities causing serious harm to convict’s family’s life or possession.
- Continue to file a Special leave petition.
Parole According to Judiciary:
According to Indian Judiciary, in Kishan Lal V. State of Delhi[4], Parole is a success in rehabilitation and reducing recidivism.
In the case of the Election Commission of India vs. Mukhtar Ansari[5], the Hon’ble Delhi High Court declared that custody parole cannot be used as a substitute for bail and cannot be extended for long periods of time or for daily visits.
In the case of Babulal Das v. State of West Bengal[6], the Supreme Court held that people who are imprisoned and enraged without trial should be given a chance to reform themselves through reasonable use of the parole power, calculated risks, and short-term release, which could be a social gain if the beneficent jurisdiction is wisely exercised.
In Inder Singh v. the State (Delhi Administration)[7], the Supreme Court stressed the importance of allowing parole to be used liberally, especially in the event of grave offences.
Parole As a right:
A prisoner’s claim to parole is not absolute, and prison authorities have considerable discretion in granting parole to that prisoner. Parole is considered a right for prisoners by a number of international accords and organizations.
In Ashfaq V. State of Rajasthan (2017), The Court in this case observed that parole is the conditional release of a prisoner based on good behaviour and the need that the prisoner report to the authorities on a regular basis. It is simply a postponement of his sentence for a period, with the severity of the punishment remaining unchanged.
In Asha Ram v State of Rajasthan[8], analyzed the Superintendent of Police’s report and determined that it was ambiguous and uncertain. “It is well understood that the goal of parole is to make the necessary steps to rehabilitate a convict-prisoner in the mainstream of society,” it stated. The authorities must ensure the maintenance of law and order and the avoidance of a breach of peace, but the petitioner cannot be denied parole where he is otherwise eligible and entitled.”
Challenges:
The concept and implementation of parole present various challenges within the criminal justice system. Here are some key aspects to consider:
- Rehabilitation V. Public Safety: One of the fundamental challenges is finding the right balance between rehabilitating offenders and protecting the public. Parole aims to give individuals a chance to reintegrate into society successfully, but there is always a concern about the potential risk they may pose to public safety.
- Risk Assessment: Assessing the risk of recidivism is a complex task. Determining which individuals are suitable for parole and which may pose a risk requires reliable risk assessment tools. The challenge lies in developing accurate methods that consider various factors such as the nature of the crime, the individual’s criminal history, and their behavior during incarceration.
- Resource Allocation: The successful reintegration of parolees often depends on the availability of resources for support services, including mental health treatment, employment assistance, and housing. Limited resources can hinder the effectiveness of parole programs and contribute to recidivism.
- Overcrowded Prisons: Parole is often viewed as a means to address issues of prison overcrowding. However, releasing individuals on parole may lead to challenges if the infrastructure and resources in the community are insufficient to support the reintegration process.
- Re – entry Programs: To facilitate a successful transition from prison to the community, effective reentry programs are crucial. The availability and quality of such programs can vary, impacting the likelihood of successful rehabilitation.
[1] RLW 2006 (1) Raj 118
[2] 1985 CriLJ 1541
[3] 1989 AIR 1529
[4] AIR 1976 SC 1139
[5] 2017 SCC Del 7199
[6] 1975 AIR 606
[7] 1978 AIR 1091
[8] 2012
by – APARNA SINGH KSHATRIYA