What is 'Parole' and 'Furlough' and What are the Major Differences between the two?

 

INTRODUCTION

 

Today, we will discuss the concepts of ‘Parole’ and ‘Furlough’ and the major differences between the two. Basically, these concepts exist as progressive and correctional measures aimed at reforming the prisoners. Such measures ensure that the prisoners not only remain motivated to maintain good conduct and discipline but also maintain social relations with their family members and community. If the prisoners will be kept completely isolated from their family and community, then may lose all hope to reform and will be left with no hope in life.

 

GENERAL MEANING

 

In the recent case of Atbir v. State of NCT of Delhi, 2022 SCC OnLine SC 527, the Hon’ble Supreme discussed the concepts of ‘parole’ and ‘furlough’ in detail.

 

Generally speaking, “Parole means temporary release of a prisoner for short period so that he may maintain social relations with his family and the community in order to fulfill his familial and social obligations and responsibilities.”

 

Whereas “Furlough, on the other hand, is a brief release from the prison. It is conditional and is given in case of long-term imprisonment” and is granted as a good conduct remission.

 

The Rules and the Procedure to be followed in relation to Parole and Furlough is provided under Jail Manuals and Prison Rules of different states. These rules may differ from state to state, but the basic meaning and the features of Parole and Furlough remain same throughout.

 

BASIC PRINCIPLES GOVERNING PAROLE AND FURLOUGH

 

Before we understand the difference between Parole and Furlough, let us understand the basic purpose and the general principles governing them: -

 

a. “Furlough and parole envisage a short-term temporary release from custody.”

 

b. The grant of Parole and Furlough seeks to “break the monotony of imprisonment and to enable the convict to maintain continuity with family life and integration with society.”

 

c. Parole and Furlough also help the prisoners develop self-confidence, hope and active interest in life.

 

d. Parole and Furlough are also important for physiological and psychological health of the prisoners as it helps them overcome and recover from the stress and the evil effects of imprisonment.

 

e. Parole and Furlough are also intended to inculcate discipline and good conduct amongst the prisoners.

 

Now, let us discuss the salient features of Parole and Furlough.

 

SALIENT FEATURES OF PAROLE

 

a. “A parole can be defined as conditional release of prisoners i.e., an early release of a prisoner, conditional on good behavior and regular reporting to the authorities for a set period of time.”

 

b. Parole can also be considered as a form of conditional pardon for release of the convict before his jail term expires.

 

c. It is granted for good behavior on the condition that parolee regularly reports to a supervising officer for a specified period.

 

d. Parole can be both temporary and permanent.

 

e. In case, the Parole is temporarily granted, “it is to be treated as mere suspension of the sentence for time being, keeping the quantum of sentence intact.”

 

f. In essence, Parole is “an opportunity for a prisoner to maintain regular contact with outside world so that he may keep himself updated with the latest developments in the society.”

 

g. The prisoner has to spend extra time in prison for the period spent by him outside the Jail on parole.

 

SALIENT FEATURES OF FURLOUGH

 

a. “Furlough means release of a prisoner for a short period of time after a gap of certain qualified numbers of years of incarceration by way of motivation for maintaining good conduct and to remain disciplined in the prison.”

 

b. Furlough “is purely an incentive for good conduct in the prison. Therefore, the period spent by the prisoner outside the prison on furlough shall be counted towards his sentence.”

 

c. Since Furlough is granted predominantly on the basis of good conduct, even if a person is not entitled to claim remission of any sentence, yet his right to seek furlough does not die.

 

d. For convicts who have been awarded life imprisonment, spending some time on furlough will not come to their aid so as to seek remission of the sentence “because of the fact that he has to remain in prison for whole of the reminder of his natural life.”

 

e. “Although furlough can be claimed without a reason, the prisoner does not have an absolute legal right to claim furlough.”

 

f. “The grant of furlough must be balanced against the public interest and can be refused to certain categories of prisoners” such as persons convicted of certain heinous offences such as terrorism, dealing in narcotics, persons who are a threat to the society and public peace, persons suffering from grave mental illness unless certified by a medical professional etc.

 

g. Generally, if a person commits an offence during the period of furlough, such period will not be counted as sentence undergone.

 

Now that we have understood the basic meaning of Parole and Furlough, let us understand the differences between the two.

 

MAJOR DIFFERENCES BETWEEN PAROLE AND FURLOUGH

 

a. “Parole can be granted in case of short-term imprisonment whereas in furlough it is granted in case of long-term imprisonment.”

 

b. Duration of parole may extend to one month whereas in the case of furlough it generally extends to fourteen days maximum.

 

c. “While parole is granted for the prisoner to meet a specific exigency, furlough may be granted after a stipulated number of years have been served without any reason” upon compliance of the conditions prescribed.

 

d. Parole is generally granted by the respective Divisional Commissioner or a similar authority whereas Furlough is generally granted by a higher-ranking official such as Deputy Inspector General for Prisons.

 

e. “For Parole, specific reason is required, whereas furlough is meant for breaking the monotony of imprisonment.”

 

f. Parole can be granted for a number of times whereas there is generally a limitation in the case of Furlough.

 

g. Since furlough is not granted for any particular reason, it can be denied in the interest of the society.

 

h. “Parole is an exercise of discretion whereas Furlough is a salutary right of the convict to be considered for release which the convict can claim if he satisfies the requirement of the Act and the Rules.”

 

CONCLUDING REMARKS

 

Thus, we see that Parole and Furlough are meant to sub-serve the reformative theory of justice and the prisoners through these respites are granted chances to mend their conduct and become responsible citizens of the society. While considering the grant of Parole and Furlough, the Courts usually rely upon the applicable rules and the reports that are furnished by the Jail Authorities in relation to the prisoners. Parole and Furlough are not merciful acts towards the prisoners rather they are based on objective assessments and considerations. My own view is that the procedure of grant of Parole and Furlough needs to become more transparent as for persons languishing in jails, it often becomes difficult to access legal aid and draft applications. There should be specific cells inside every jail that may enable a prisoner to apply for Parole and Furlough and such Applications must be considered in transparent and time-bound manner from the concerned authorities.