Parole & Furlough | Parole vs Furlough

Context (TOI): Donald Trump asks Supreme Court to end humanitarian parole for 500,000 immigrants from Cuba, Haiti, Nicaragua.

What is Parole?

Parole refers to a prisoner’s timebound release with suspension of sentence for short-term situations like illness or family emergencies, before the end of a sentence, in exchange for good behavior.
It is the privilege given to the prisoners to return to society and socialize with families and friends.
It can last up to one month and can be extended under special circumstances.

Those convicted of crimes against the state or are a threat to national security.
People convicted of murder, rape of children, and other crimes, unless the issuing authority decides otherwise.

It is a conditional release for long-term prisoners to prevent monotony and help reintegrate them into society, while the sentence continues, with no uniform legislation.

Its objective is to break the monotony of jail and allow the inmate to maintain contact with the outside world, based on good conduct.

State Practices: Some states deny furlough during appeal periods, urging convicts to seek relief from the court.
Case of National Legal Services Authority: NALSA highlighted that several states do not provide furlough during appeals, viewing it as a judicial issue.

There are no specific provisions related to Parole and Furlough in the Prisons Act, 1894 and the Prisoners Act, 1900.
Section 59 of the Prisons Act empowers States to make rules for the shortening of sentences as rewards for good conduct.
Suspension of Sentence: Power to suspend a sentence is distinct from granting furlough. KM Nanavati (1960) case established that Governor, under Article 161, does not have the power to suspend a sentence during an ongoing appeal.

Basis of Distinction	Parole	Furlough
Awarded in case of	Short-term detention: The period of release does not count towards the total period of the sentence.	Long-term detention: The period of release is counted towards the total period of the sentence.
Duration	Lasts for one month.	Lasts for a maximum of 14 days.
Reason	It is not seen as a matter of right. It is given to a prisoner for a specific reason (E.g. death in the family).	Furlough is not a matter of absolute legal right. (Narayan Sai Case 2021). It can be granted without any reason.
Granting Authority	Divisional Commissioner	Deputy Inspector General of Prisons
Declining request	It is granted at the request of the prisoner and can be denied.	Generally, not denied as it is a right of the prisoner.
Frequency	It can be granted multiple times.	It can be given for limited time.