The Union home ministry on Friday
said that release of prisoners on parole and furlough is not an “absolute
right” and should be allowed only to selective prisoners on the basis of
well-defined norms of eligibility while asking all the states and union
territories to review the guidelines in this regard.
The ministry said that terrorists,
people involved in heinous crimes, riots, dacoity or those involved in
smuggling of drugs should not be eligible for release on parole or furlough as
it could have an adverse impact on society.
Prisons come under the state
governments and decisions to release prisoners on parole or remission in their
imprisonment is taken by them on the basis of conduct.
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In its letter, sent to states/UTs
on Thursday, the MHA suggested new guidelines should include that parole and
furlough may not be granted as a matter of routine and may be decided by a
committee of officers and behavioural experts keeping in view all relevant
factors, especially for inmates sentenced for sexual offences, serious crimes
such as murder, child abduction and violence.
Officials who didn’t wish to be named said that the advisory has been sent to states/UTs as there are reports from different parts of the country that many of those released from jails due to the coronavirus pandemic on parole were indulging in crimes.
Referring to the Model Prison
Manual, 2016, the MHA said prisoners whose immediate presence in the society
may be considered dangerous or otherwise prejudicial to public peace should not
be considered for release.
The MHA said that prisoners
convicted for heinous offences such as dacoity, terrorist crimes, kidnapping
for ransom, smuggling of narcotic and psychotropic substances, “may not report
back to the prison after completion of the furlough period and should not be
released”.
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It added that concerns have also been raised regarding recidivism, as in some cases prison inmates on temporary release from prison either on parole or furlough or on premature release before completion of their sentence, have re-offended or indulged in criminal activities.
“This underlines the need to
carefully regulate the grant of parole, furlough, remission and premature
release to prisoners,” it said.
It is, therefore, important for
state authorities to review their guidelines to ensure that the facility and
concession given to inmates, by way of parole, furlough and premature release,
etc., with the intention of providing them relief and rehabilitation, “is not
abused and misused by them and their advantage does not turn into disadvantage
and nuisance for the society at large,” the ministry said.
The MHA suggested that expert psychologist criminologist, correctional administration expert as a member of the Sentence Review Board, should be included in the committee which decides grant of parole and furlough to inmates.
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