Furloughs

Furloughs

Recently, Convicts of the Hashimpura massacre have moved the Delhi High Court against a Delhi prison rule about furloughs.

Furlough

  • It refers to a temporary leave granted to a prisoner for a specified period, often without a specific reason.
    • Purpose: To prevent the negative effects of long-term imprisonment, such as solitude, and to help prisoners maintain family and social ties.
  • Furlough as a prisoner’s right: 
    • Furlough is not a prisoner’s absolute right
    • The Supreme Court has clarified that furlough is a discretionary remedy.

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Comparison between furlough and parole

Feature Furlough Parole
Definition Temporary release from prison without suspension of sentence. Temporary release from prison with suspension of sentence.
Purpose To prevent solitude, maintain social and family ties, and encourage good behavior. Given for specific reasons such as family emergencies, medical needs, or legal proceedings.
Effect on Sentence Sentence continues to run during release. (treated as remission of sentence) Sentence is suspended during release.
Eligibility Given to long-term convicts after serving a specified period. Can be given to short-term and long-term convicts, based on necessity.
Legal Basis Covered under The Prisons Act, 1894 and governed by individual state rules. Covered under The Prisons Act, 1894 and governed by individual state rules.
Granting Authority Deputy Inspector General of Prisons. Divisional Commissioner.
Frequency Limited number of times. Can be granted multiple times.
Right or Privilege Considered a right for eligible prisoners with good conduct. Not a right, can be denied if against public interest.
Reason Required No specific reason required; granted to break the monotony of imprisonment. A specific reason (illness, marriage, funeral, legal appeal, etc.) is required.
Possibility of Denial Can be denied in the interest of society. Less restrictive if genuine exigency exists. If rejected, can move the High Court.
Impact on Good Conduct Reward for good behavior, encourages discipline in prison. Provides relief to prisoners facing genuine difficulties.

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UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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