Q. 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?
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither I nor 2
Correct Answer: b) 2 only
Question from UPSC Prelims 2021 GS Paper
Explanation :
Parole – Rights for Prisoners ?
The concept of parole is often misunderstood as an absolute right of prisoners. However, in the context of Indian law, this is not the case. While a prisoner can apply for parole by presenting a sufficient case, the decision to grant parole rests with the concerned authorities. Factors such as the nature of the offense, the prisoner’s behavior, and the risk of absconding are taken into consideration. Thus, even with a strong case, parole can be rightfully denied if the situation warrants.
State-Specific Parole Regulations in India
In India, the responsibility for the administration of prisons and the release of prisoners on parole lies with the state governments. ‘Prisons’ is a State subject under the State List of the Seventh Schedule of the Constitution. Each state has the autonomy to establish its own Prisoners Release on Parole Rules, which dictate the eligibility, process, and terms under which parole may be granted. These rules are not uniform and can significantly differ from one state to another, reflecting the decentralized approach to prison management within the country.
