What is Parole?
What is the meaning of Parole to the prisoner? Parole is one of the best methods for prisoners to able to enter in 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 Parol has proved to be a better substitute for easing the burden of prisons. And also reducing the overcrowding of prisoners.
Dictionary meaning of Parole. The release of a prisoner on Parole is effective as it reduces pressure on prison institutes. It is also dangerous to some extent because prisoner who released from prison shall danger to society.
Historically, Parole is familiar in 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.
A prisoner may be released after he has completed his full term of sentence. He is then a free man without any restraint against repeating the crime. He may feel that the has paid off his debt society and therefore, is ready to have another offence debited to his account. Some corrective methods have been devised to bring about the rehabilitation of inmates so that they can adjust themselves to free society after their final release from the prison institution. Parol one of such device which seeks to protect society and assist the ex-prisoner in re-adjusting himself to a normal free-life in the community. Thus it has a dual purpose namely protecting the society and at the same time bringing about the rehabilitation of the offender.
The British Parole System
The failure of the British system of penal transportation and its unsatisfactory consequences led to the origin of parole in England. The abolition of the system of transportation of prisoners as a penal servitude resulted in overcrowding of British Prisons. Consequently, a new method known as “Ticket on leave” introduced in the latter decades of the eighteenth century as a measure for reducing the prison population.
Unfortunately, the system did not yield good results because prisoners has discharged from the prisons merely on surety for good behavior without being prepared and trained for a disciplined life in the community. Therefore, it became necessary to introduce radical changes in the method of release under the system of “ticket on leave” and this finally led to the evaluation of the modern system of conditional release on parole towards the first quarter of the nineteenth century.
The release of prisoners on parole has now accepted as a part of the rehabilitation program in Britain. It allows the convicted prisoner to prove that he can return to the community as a law-abiding citizen if trusted and allowed to forget that he is an ex-convict.
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 facility provide periodically to the prisoners and which 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. Interest of the 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 Parole administration who are the from the 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 prepares 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. Parole board consists of Parole Board, case Investigators and Parole supervisors.
Conditions of Parole (What is meaning of Parole to the prisoner)
The purpose of Parole is to seek the rehabilitation of the Prisoner and not the leniency towards the prisoner. The Parole systems involves two consideration namely
- control over parolee so that the parolee would return to prison after completion of the parole period in the interest of public security.
- To help and advise to the Parolee in a constructive way which helps to develop self-confidence with them.
The success and failure of Parole is depends on the following factors.
- The 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 the jail without trial for a long time. That helps the prisoner to maintain unity of family within the prisoners.
The Apex Court in Hiralal Mallick vs State of Bihar observed the necessity of Parole. In this case appellant has guilty for 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 offense. High has reduced the sentence to 4 years considering the age of the appellant. In an appeal, the Supreme Court directed to release 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 ensure prisoner 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 cut off from society. In this case 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 to rehabilitation of the prisoner. Ant that is not getting successful every time. sometimes parolee does not return to the prison and he violet the conditions of Parole. In such cases warrant issues against the prisoner and arrest him and bring him back to the 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:
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 clear that Parole is a part of the aftercare program. And serves the purpose of resocialization of prisoners. It is not only more favorable to the social readjustment of the prisoners but also more conducive to their mental and physical health. And they get an opportunity to live in a free and normal life.
also read Bail and law of bail