Don't treat parole, furlough as routine matter: MHA to states

The Ministry of Home Affairs (MHA) has asked the states to review the existing practices and procedures on parole, furlough and premature release of prison inmates, keeping in mind that granting relaxations is not a matter of routine.

The MHA wants the presence of a psychologist or criminologist or correctional administration expert as a member of the Sentence Review Board and in the committee which decides on granting parole and furlough.

It has asked the states to ensure that the grant of parole or furlough to those offenders, whose release may have an adverse impact on the security of the state or safety of individuals may be "strictly restricted".

The MHA also wanted the states to review the parole rules, including the criteria, duration and frequency after making an assessment based on their experience about the benefits and detriments of such parole.

"Parole and furlough may not be granted as a matter of routine and may be decided by a committee of officers and behavioural experts, who may meet as per requirement, keeping in view all relevant factors, especially for inmates sentenced for sexual offences, serious crimes such as murder, child abduction, violence etc," MHA Deputy Secretary Arun Sobti said in his letter.

The states should also take steps to monitor the inmates released on parole, furlough or premature release to ensure that they do not violate the law.

The letter highlighted that concerns have been raised over recidivism, as some prison inmates commit crimes on temporary release. Of the 1.88 lakh convicts who were sent to jails in India after conviction in 2019, 6,756 were habitual offenders or recidivists. Recidivism is defined as the tendency of a convicted criminal to re-offend.

"This underlines the need to carefully regulate the grant of parole, furlough, remission and premature release of prisoners. It is, therefore, important that for state authorities to review their guidelines to ensure that the facility and concession given to inmates....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," Sobti wrote.

The letter also referred to the provisions in the Model Prison Manual, 2016, which included not to grant parole or furlough to those prisoners who are considered dangerous or otherwise prejudicial to public peace and order by the District Magistrate and Superintendent of Police.

The manual also has said that prisoners involved in serious prison violence like assault, an outbreak of riot, mutiny or escape, or who have been found to be instigating serious violations of prison discipline should also not be given relaxations.