UPSC Prelims 2021 Question:

With reference to India, consider the following statements:

1. When a prisoner makes out a sufficient case, parole cannot be denied to such prisoner because it becomes a matter of his/her right.
2. State Governments have their own Prisoners Release on Parole Rules.
   
   

Which of the statements given above is/are correct?

Explanation:

• Parole is not seen as a matter of right. It is given to a prisoner for a specific reason like the death of a relative or to attend the marriage of a family member, and is subject to the prisoner’s behaviour. Parole is usually, but not necessarily, granted when the conviction has been for minor offences and the term of imprisonment is short, as defined by the state’s prison manual. So, statement 1 is not correct.
  • The granting authority for parole is the Deputy Home Secretary of the State Government. 
• ‘Prisons’ is a State subject under the State List of the Seventh Schedule of the Constitution. The management and administration of prisons fall exclusively in the domain of State Governments and are governed by the Prisons Act, 1894, and the Prison Manuals of the respective state governments. The Prisons Act further says that only states can make rules regarding the release of prisoners on furlough, parole and remission, as part of the correctional process in jail reforms. So, statement 2 is correct.
  
  

Therefore, option (2) is the correct answer.

Relevance: Ajay Chautala, founder of the Jannayak Janata Party (JJP), was granted furlough for two weeks and released from Delhi’s Tihar jail. 

Subject: Polity | Judiciary