What is Parole?
Table of Contents
What is the meaning of Parole to the prisoner? Parole is one of the best methods for prisoners to able to enter their community. And also participate in constructive work is to place them in open prison or release them on Parole. Parole is the most effective and popular way to retain family and social ties. The system of parole has proved to be a better substitute for easing the burden of prisons. And also reducing the overcrowding of prisoners.
The release of prisoners on Parole is effective as it reduces pressure on prison institutes. It is also dangerous to some extent because prisoner who is released from prison shall danger to society.
Historically, Parole is familiar with military law and they used to release prisoners of war on the promise to return. In some countries like Britain, Prisoners are released from prison on parole and license. And keep them under supervision until the term of imprisonment expires.
Difference between Parole and Furlough
The Furlough and Parole, both are part of the penal and prison system. But both have different purposes. Furlough is the right of prison but Parole is not. Furlough facilities provide periodically to the prisoners and help the prisoners to retain family and social ties. On the other hand, release on Parole is not a matter of right. The Parole application of the prisoner may get denied even if he makes out a good cause. The interest of society is the primary object while considering the Parole application.
What is the meaning of Parole to the prisoner: Parole in India
Parole Board has set up in India. The board consists of the Parole administration who are respectable members of the society. Members of the Parole board decides the application of the prisoners and discharge prisoner on Parole after scrutiny. Thus, the Parole board is performing quasi-judicial functions. The parole board also prepare the case history of Parolees and advises them on rehabilitation.
The parole board also appoints field workers. They supervise the parolees who are on Parole and report the Parole violations to the Parole board. The parole board consists of Parole Board, case Investigators and Parole supervisors.
Conditions of Parole
The purpose of Parole is to seek the rehabilitation of the Prisoner and not the leniency towards the prisoner. The Parole system involves two considerations namely
- control over the parolee so that the parolee would return to prison after completion of the parole period in the interest of public security.
- To help and constructively advise the Parolee helps to develop self-confidence with them.
The success and failure of Parole are depended on the following factors.
- Parole is more suited to the prisoners who have committed crimes against persons than those who have committed crimes against the property.
- The success and failure also depend upon the family circumstances of the prisoner.
- It has observed that the first offenders normally have good parolees as they easily adjust to the conditions of normal society.
- The success of parole also depends on the social status of the offender. If the offender belongs to a good educational background, higher socio-economic status responds favourably to the system of parole.
- Normally Parore considers those prisoners who show good behaviour, show respect to the law and justice.
View of courts in India
Normally, in India, the prisoners release on Parole, who keeps in jail without trial for a long time. That helps the prisoner to maintain the unity of family within the prisoners.
The Apex Court in Hiralal Mallick vs the State of Bihar observed the necessity of Parole. In this case, the appellant has guilty of the offence u/s 326 of IPC. He sentenced to eight years of imprisonment. He was 12 years of age at the time of the offence. High has reduced the sentence to 4 years considering the age of the appellant. In an appeal, the Supreme Court directed to release of the appellant for a reasonable time to retain his family and social ties. Supreme Court also noted that granting Parole is subject to sufficient surety which ensures prisoners return to the prison after completion of the parole period.
The Supreme Court in Dharamvir Vs State of Uttar Pradesh observed the importance of Parole and what is meaning of Parole to the prisoner Supreme court once again called upon to consider the necessity to release of long term prisoners on Parole at regular intervals so that they are not totally cut off from society. In this case, the prisoner is guilty of murder and he is convicted for life imprisonment. And there was no scope for reduction of sentence. Apex court found parole desirable in such cases.
Violation of Parole
The main object of Parole is the rehabilitation of the prisoner. Ant that is not getting successful every time. sometimes parolee does not return to prison and he violet the conditions of Parole. In such cases warrant issues against the prisoner and arrest him and bring him back to prison. And offered him an opportunity to plead for his defence. If he fails to justify his conduct in that case the Board sent him to serve the unexpired term of his sentence. If the prisoner during the Parole period commits any other offence. Then he has to face another trial for a new offence and punish him accordingly. And he shall not grant Parole next time.
As per the Prisons Act, if a prisoner violates the conditions of Parole or furlough, he has committed the prison offence. And such parolee shall prosecute for Parole violation.
Conclusion:
Thus above is the answer to the what is meaning of Parole to the prisoner. Therefore the release of a prisoner on Parole may help him solving his socio-psychological problems. And make his social rehabilitation possible without much difficulty. Thus it is evidently clear that Parole is a part of the aftercare programme. And serves the purpose of resocialization of prisoners. It is not only more favourable to the social readjustment of the prisoners but also more conducive to their mental and physical health. And they get an opportunity to live a free and normal life.