Delhi HC Advocates Compassionate Approach to Furlough for Convicts Without Permanent Address

The Delhi High Court has affirmed that convicts without a permanent address in Delhi should not be denied furlough, emphasizing its role in rehabilitation. The Court urges a flexible interpretation of furlough provisions, underscoring the system's support for prisoner reformation and reintegration into society.

In a landmark ruling, the Delhi High Court has determined that a convict lacking a permanent address in the capital city should not be automatically denied the opportunity for furlough. The decision underscores the significance of furlough as a dual-purpose initiative, serving as a reward for good behavior and an acknowledgment of a convict's reformation, evidenced by their conduct within prison walls.

Justice Swarna Kamta Sharma, who presided over the hearing, highlighted the potential risks associated with a rigid, mechanical interpretation of furlough. She cautioned that such inflexible applications could diminish the very essence of this welfare-oriented measure. Justice Sharma advocated for a compassionate judicial approach to prevent the damaging effects of prolonged isolation on a prisoner's mental health and social reintegration.

The court further emphasized that the Delhi Prison Rules do not mandate previous release on parole or furlough as prerequisites for the Sentence Review Board to recommend a convict's premature release. The justice system, therefore, must consider broader socio-economic and social contexts, including the plight of prisoners without family support or permanent residence, to ensure fair and comprehensive evaluations.

(With inputs from agencies.)