Abstract
The criminal justice system in India is built on two equally important pillars protecting individual liberty and ensuring justice for victims and society. Bail, Parole and Furlough are legal mechanisms designed to preserve human dignity and support rehabilitation. However, in recent times repeated and prolonged temporary release granted even to convicted offenders of serious crimes have raised serious concern.
Key words
Bail, Parole, Furlough, Criminal justice, Rehabilitation
Introduction
The idea of justice in any society rests on a delicate balance between individual freedom and collective safety. The Indian criminal justice system tries to maintain this balance through various legal mechanisms including Bail, Parole and Furlough. While Bail protects the rights of an accused person before conviction Parole and furlough are meant to serve humanitarian and reformative purposes after conviction. These concepts are rooted in Constitutional values of personal liberty, dignity and fairness.
Bail meaning, objectives and procedure
The bail basically means temporary release of a person who has been accused of a crime before the court finally decides whether he is guilty or not. The idea behind bail is simple: a person should not be kept in jail unnecessarily when the law still considers him innocent. The real purpose of bail is not to punish the accused but to make sure that he appears before the court whenever required during the investigation and trial. At the same time, it prevents the misuse of state power by stopping authorities from keeping someone in custody without sufficient justification. As for the procedure the accused or his lawyer files a bail application before the appropriate court. The judge examines the facts and circumstances of the case and if bail is granted certain conditions are imposed. These may include providing surety, restrictions on travel or regulatory reporting to police. Once the trial ends and the Court gives its final decision the stage of bail also comes to an end.
Parole Meaning objective and procedure
Parole is basically when the prisoner who has already been convicted is allowed to leave the prison for a certain period of time under a certain condition but with supervision. Unlike the bail which is given before the Court decides the person guilty or not, this is given after the person is found guilty. The main reason for this is humanitarian. The main objective of this is to allow prisoners to handle urgent personal matters supporting family for maintaining social connections or to get emotional support during imprisonment. To get parole, the prisoner should apply to prisoner authorities and prisoner authority then check the request and police may assess if there is any security risk involved in it. After a proper checking the authority decides whether to grant parole or not. The release is very much conditional and the prisoner must follow the rules strictly, Regular reporting and staying with the approved location.
Furlough Meaning objective and procedure
Furlough is a temporary Leave granted to a prisoner after they have a certain minimum time in jail and have also shown good behavior. Unlike parole which is for urgent personal or family matters Furlough is primarily aimed at helping the prisoner to just adjust to the society and maintain connection and community. The main purpose of this is reformative and after spending a long time in a prison the person can be Traumatized and his emotional and mental health can be affected and allowing Furlough Help to to prevent psychological breakdown encourage discipline and strengthen family and social bonds. The process involves careful evolution of prisoner’s behavior in jail. The prison author checks whether the prisoner is eligible for it and the Police can check whether the person will cause any security threat or not. Once these steps are completed the authority approves Furlough But which is conditional such as staying with a certain area reporting periodically and maintaining a specific behavior in society.
Impact of frequent Parole, Bail and Furlough for Convicted offenders
In recent times there has been several situations where prisoners were convicted for extreme serious crimes which even included sexual violence and Murder And have been granted parole, Furlough or bail and which is not for one time but repeatedly and for a longer period. While the roots of granting Parole, Furlough and Bail were rehabilitation, allowing repeated temporary freedom to convict whose guilt is already proven creates a serious problem for the criminal justice system.
Erosion of deterrence
Punishment is supposed to serve as a warning to the society and the offender but when people see that even those who commit offenses which are grave in nature are allowed to leave temporarily for multiple times. This sends a wrong message in the society that law can be negotiated and consequences can be flexible.
The public lose the confidence injustice system
The justice system is meant to be meaningful and equal for all but when convicts enjoy temporary freedoms citizens start feeling that justice is inconsistent and selective. It has been continuously seen that the person who has a heavy pocket and is being convicted are given temporary freedoms which further weaken the faith in Courts, law enforcement and legal process of the country.
Revictimize the victims and their families
So, each time a convicted offender is temporarily released victims are forced to relive that trauma. Instead of that they should feel that justice has been served and they are not sidelined but that they may feel that they’re sidelined as if the system values the comfort of the offender over their pains.
Double standards of accountability
Imprisonment is meant to make offenders reflect that their action, reform and reintegrate responsibility into society but when the temporary freedom becomes routine prison being seen more as a privilege than as a corrective measure.
How frequently this hampers the criminal justice
Giving repeatedly long parole, furlough or bail to the people who have already been convicted of a serious crime really weakens a criminal justice system. The court decision which was supposed to be final and meaningful but when convicts are allowed out frequently makes punishment seem negotiable due to which course decisions are not supposed to be final and meaningful. This also reduces the effect of law, blurs the line between reform and privilege and also sends a message to society that even the worst crimes may not carry serious consequences, And not only this the temporary release hurts victims and public trust. If bail, parole and Furlough are used they need to be carefully monitored and should be transparent and strictly for genuine humanitarian grounds so that mercy doesn’t come at the cost of justice.
Reforms to make Parole, Furlough and Bail more effective
1 Stricter eligibility – Rules convicts of serious crimes like sexual violence or murder should not be considered for the temporary release in the situations such as urgent family emergencies or serious health issues.
2 Victims consultation – Before the relief the authority should consult the victim or their families to understand their safety concern and emotional readiness.
3 Judicial oversight – For Heinous offenses Decision should be reviewed or approved by and this ensures temporary release is not arbitrary or politically influenced.
4 Standardized national guidelines – There should be a clear uniform rule across all States about how the relief to be granted including maximum duration and frequency and eligibility.
5 Transparency and Monitoring during release – All temporary release decisions should be officially recorded and accessible including reason for duration and conditions and the convict’s relief should be under the clear supervision with regular reporting and restriction on movements.
Conclusion
Balancing Freedom and Justice are never easy but it is a core of a fair criminal justice system. Tools like bail, Parole and Furlough are meant to protect individual rights and help prisoners reforms. However, when convicts of serious times are allowed temporary freedom too often for a longer time it weakens the justice system of India and it weakens the punishment and scares the victims and makes society question whether the system is working at all.
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WRITTEN BY: NISHTHA JAIN
