Parole is a mechanism enabling the temporary or permanent release of prisoners before they have finished serving their sentences, typically under certain stipulations. In India, this option is generally restricted to convicted prisoners, excluding under-trial prisoners - those awaiting trial, who constitute about 70% of the prison population leading to acute overcrowding in many jails.

This limitation has resulted in significant frustration among under-trial prisoners, many of whom remain incarcerated for prolonged periods due to delays in investigations and the legal process. The outdated Prisons Act of 1894, along with various Correctional Services Acts from different states, does not allow for the release of undertrial prisoners on parole. This essay advocates for the expansion of parole provisions to under-trial prisoners, underscoring the legal, humanitarian, and practical justifications for such reform.

Legal and Constitutional Grounds:

The Indian Constitution enshrines the right to a fair trial and protects personal liberty under Articles 21 and 22. The extended detention of under-trial prisoners without access to parole infringes upon these basic rights. The foundational principle of "innocent until proven guilty" should underpin any justice system. Denial of parole to under-trial prisoners challenges this principle, placing individuals who have yet to be convicted in conditions that may be harsher than those imposed on convicted offenders.

Furthermore, the Bharatiya Nagarik Sanhita (BNS), 2023 and Bharatiya Nagarik Suraksha Sanhita, 2023 do not explicitly prohibit granting parole to under-trial prisoners. This absence of a legal impediment indicates that parole could feasibly be extended to them with minimal legislative modifications. Doing so would fulfil India's commitments under international human rights agreements, such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, both of which advocate for equitable treatment of all individuals, regardless of their legal circumstances.

Humanitarian Implications:

Under-trial prisoners often experience detrimental conditions that adversely affect their physical and mental health. Issues such as overcrowding, unsanitary conditions, and insufficient medical care are prevalent. As reported by the National Crime Records Bureau (NCRB) in 2020, over 70% of India's prison population consisted of under-trial detainees, amplifying the challenges associated with overcrowding and resource scarcity in correctional facilities.

Extending parole to under-trial prisoners could mitigate these conditions by decreasing inmate numbers and enabling individuals to reunite with their families and communities. This is particularly vital for those who serve as primary financial providers. Incarceration without trial not only impacts the individual but also places an emotional and financial strain on their families. Parole would enable these individuals to contribute both economically and socially, thereby alleviating some negative consequences stemming from their extended confinement.

Judicial and Administrative Advantages:

India's judiciary faces a well-documented backlog, with millions of cases unresolved across various court levels. This backlog results in the protracted detention of under-trial prisoners, who can wait years for their cases to be addressed. Offering parole to under-trial prisoners could act as a temporary solution to alleviate these delays and provide relief to those stuck in a congested legal system.

Moreover, permitting parole could incentivize speedier investigations and trial processes. When the state recognizes that prolonged detention is not feasible, there may be greater urgency to advance cases. This would not only benefit under-trial prisoners but also enhance overall judicial efficiency.

Rehabilitation and Reintegration Opportunities:

Beyond offering temporary respite from incarceration, parole aims to support the rehabilitation and reintegration of prisoners into society. For under-trial detainees, parole could provide opportunities to retain or secure employment, pursue education, or engage in community service, thus fostering positive contributions to society. This is especially critical for younger under-trial prisoners, who risk losing valuable educational and work experience during their incarceration.

Additionally, parole can serve as a means of evaluating behaviour, offering insights into how individuals might adjust to life outside prison. Such information could be vital for judges and parole boards when determining bail or making sentencing decisions.

Addressing Concerns and Counterarguments:

Detractors might contend that granting parole to under-trial prisoners could jeopardize public safety or result in individuals absconding. Nonetheless, these concerns can be alleviated through a well-structured parole system. Conditions such as regular check-ins, electronic monitoring, or required community service could be imposed to ensure compliance. Furthermore, parole could be selectively applied based on criteria such as the nature of the alleged offense, prior criminal history, and the likelihood of reoffending.

Another concern is the potential misuse of parole or biased granting processes favouring certain demographics. To counter this issue, clear guidelines should be established, and parole decisions should be subjected to judicial review. This would promote fairness and transparency in the parole process, preventing discrimination based on socioeconomic status, religion, or other factors.

Conclusion:
The extension of parole provisions to under-trial prisoners in India is a crucial and warranted reform that aligns with constitutional rights, humanitarian values, and practical necessities. It would help address prison overcrowding, reduce the suffering of many individuals and their families, and promote effective judicial operations. By implementing a structured and equitable parole system for under-trial prisoners, India can uphold the principles of justice and safeguard the fundamental rights of all citizens.

Written By: Md.Imran Wahab, IPS, IGP, Provisioning, West Bengal
Email: [email protected], Ph no: 9836576565