Parole In India – A Privilege, Not A Right: A Critical Analysis
- IJLLR Journal
- Feb 20
- 2 min read
Mansi Govindswamy, LL.M. (Specialization in Corporate Law), D.E.S’s Shri. Navalmal Firodia Law College, Pune
ABSTRACT
A convict's entitlement to parole is not guaranteed, as it is not acknowledged as a legal right in India, despite the circumstance when the prisoner attempts to approach the relevant government or Jail officials, the executive may arbitrarily deny the release on parole for weak reasons. As an outcome of worst conditions of treatment faced by the prisoners during their imprisonment in India concurrently with the reformative trends setting up momentum in the field of Penology around the world, it resulted in reform in prison administration in the latter half of the twentieth century. Presently, prisoners are released on parole on the grounds viz., Death, marriage, sickness, property dispute or for any other sufficient reason. Parole is one of the methods that assists in the rehabilitation of the inmate by reinstating him in the community to help him transition at ease on final discharge. Administration of parole in India lies with the Parole Board which is quasi- judicial in nature and faces political pressure, suffering from executive’s arbitrariness while refusing the grant of parole on insufficient grounds. The lack of explicit policies in parole decision-making leads to inconsistency and subjectivity in granting parole. Thus, granting of the Parole based on clearly defined policies, rather than merely basing the decision on the term of the sentence served or the category of the prisoner can constitute towards building an optimal Parole System. The paper analysis the parole system in India, its administration, challenges, and attempts at ascertaining the inconsistencies in decision making in the prisoner’s rehabilitation process.
Keywords: Administration, Executive, Parole, Parole Board, Penology, Prisoners, Quasi-judicial, Reformative
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