A Project Report on:-

Remoteness
of Damages



Assigned by- Ms. Chavi Gupta
Prepared by- Aakash Khatri
Course: BA.LLB (H),
2nd Year, Section A
Enrollment Number:
A3211111046








ACKNOWLEDGEMENT

This project is based on remoteness of damages in the law of torts.
I would like to thank all my teachers, friends who helped in making
this project a success. This project is based entirely on research from
various law reference books, websites and teachers consultation.
I also would like to thank my torts law teacher who gave me such a
brilliant project topic, this topic is very important for the future of
law aspirants, I have prepared this report working diligently on the
guidelines of my teachers.

Thank you.








A Project Report on:-

Voltaire- An
advocate of
Enlightened
despotism


Assigned by- Mrs. Shefali Raizada
Prepared by- Aakash Khatri
Course: BA.LLB (H),
2nd Year, Section A
Enrollment Number:
A3211111046








ACKNOWLEDGEMENT

This project is based on The Voltaires views on enlightened
despotism.
I would like to thank all my teachers, friends who helped in making
this project a success. This project is based entirely on research from
various law reference books, websites and teachers consultation.
I also would like to thank my History teacher who gave me such a
brilliant project topic, this topic is very important for the future of
law aspirants, I have prepared this report working diligently on the
guidelines of my teachers.

Thank you.






INTRODUCTION

Focus of the project :-
Provide a comprehensive definitions of Parole and forms of application
Provide comparative analysis of parole application in India and selected
countries
Highlight areas of best practice in our Parole system
Present areas requiring legal and policy considerations
Highlight current challenges for the Indian parole system

General Definition of Parole :-
Release on conditional basis
May be return if failed to comply with conditions
Aim to assist offender with transition from custody to normal crime free
life
Used to mitigate the harshness of the sentence
Various forms include: conditional release and other forms of
compassionate releases
In some countries offender can be returned
Violate the conditions of parole
Conditions poses threat to society

Parole Practices by Different Countries
U. S. A.
Parole Board Decisions
discretionary release influenced by rehabilitation which the Parole
Board considers factors such as participation in treatment
programmes, readiness for the community, seriousness of the
offence & availability of suitable employment.
Mandatory release is determined on the basis of the sentence or
parole guidelines.
Parole for inmates with special needs
Elderly: 60 years old or over requiring 24 hour skilled nurse;
Terminally ill: incurable condition that will result in death within 6
months regardless of the use of life sustaining treatment and
requiring 24 skilled nurse;
Physically handicapped: specified categories and also requiring 24
hour skilled nurse;
Mentally ill: as defined in the policy; and
Mentally retarded: as defined in the policy.



United Kingdom
Compassionate Release on medical grounds granted by the Secretary of
State in consultation with the Parole Board.
Criteria for release on medical grounds:
-The offender is suffering from a terminal illness and death is likely
to occur very shortly (3 months considered appropriate period)
The risk of offending minimal
-There are adequate arrangements for the prisoners care and
treatment outside

Compassionate License is a form of temporary lease designed to help
offenders deal with urgent personal matters, such funerals, visits to close
family members that are near to death, domestic crisis and urgent
hospital appointments.







New Zealand
The New Zealand Parole Board is independent statutory body. The makes
decisions on the release of offenders from prison and home detention.
Circumstances for consideration before parole eligibility date:
-Home detention is when an offender serves part of their prison sentence at
an approved address. Offenders under home detention may work but wear an
electronic device allowing their movements to be monitored.

-Compassionate release is when an offender applies for release from
correctional center due to either giving birth or terminal illness. An offender
may also apply if he or she is subject to a sentence of six months incarceration
or less and proposes to undertake a course of full-time study that commences
before the release date.

-Extended Supervision Order: The Department of Correctional Services is
able to apply to court for intensive supervision of eligible offenders convicted
of certain sexual offences for up to 10 years after they have been released.

-Postponement Orders: When the Board considers an offender not suitable
for release on parole.

-Section 107 Orders: When the Department of Correctional Services applies
to have an offender kept in custody beyond their released.

-Reviews: When an offender applies to have the Board review a decision
made at hearing.

Canada

The National Board makes decisions of conditional release of inmates on the
basis of risk assessment, risk prediction and risk reduction.

Conditional Release programs include:

-Full Parole: Offenders after the 1/3 point of their sentence can apply to
serve a portion of their sentence in the community.

-Day Parole: Granted for short periods of time, up to a maximum of 4
months.

-Temporary Absence: Either escorted and unescorted temporary
absence is granted to offenders for medical, compassionate, administrative
and family contact purposes.

They can last from a few hours to 15 days.
Detainees not considered for parole are thought to likely commit another
offence causing death or serious injury if released; those convicted of serious
drug offence and sex offenders.


Ireland

Compassionate Temporary Release: Granted in the case of death of member
of offenders immediate family or critical illness of a member of the offenders
immediate family.

Temporary release for Medical Purposes: It applies to both sentenced and
unsentenced inmates. Consideration is given for temporary release for in-
patient and out-patient hospital care because such care cannot be provided in
the correctional center.

Home Visits: Granted in circumstances where member of the offenders
immediate family is chronically ill and house bound - unable to visit the
offender.










Policy Consideration for
Parole
Medical
Medical determination of maximum period
Situation for Awaiting Trial Detainees who are terminal
Revocation of medical parole upon improved health conditions
Public security, reintegration and victim concerns
Disregard for nature of crime
Conditions of release should include permanent stay in bed under 24 hrs
care
Capability of families to genuinely take care of loved ones
Conditional Parole
Application can be made exceptional and not the rule (contrary to
international trends)
Rule out its application constitutional test and violation of current
expectations (equity principle)
Consideration body set up independent of government (levels of
independence vary)
Defined community involvement in supervision


Risks Associated with
Parole
Public concern about re-offending
Vulnerability of the victims (right to voice an opinion before parole)
Public sense of injustice: period spend not proportional to the offence or
court decision
Diminished sense of security and ever present public threat
Inconsistency in application of rules by CSPB and other delegated
persons
Allegations of undue influence












What Parole Means For a Prisoner in India

Parole is a legal sanction that lets a prisoner leave the prison for a short
duration, on the condition that s/he behaves appropriately after release and
reports back to the prison on termination of the parole period. It must be
noted that a parole is different from a furlough. While parole is granted to a
prisoner detained for any offence irrespective of the duration of
imprisonment, a furlough is only granted to prisoners facing long sentences,
five years or more.

Valid Grounds of Parole in India :-
Under Indian jail laws, a prisoner may be released on parole in certain
emergency situations, which includes the following health-related concerns:
Complete and incurable blindness
Advanced pulmonary tuberculosis, which incapacitates the prisoner from
committing further crimes of the nature for which s/he was sentences
Is dangerously ill, and is likely to have a better recovery outside prison
Has become mentally unstable, and requires treatment in a asylum
Additionally, a prisoner in India may be granted parole in the following
exceptional cases:
To perform funeral rites
To visit a sick or dying member of the family
To attend important functions, such as marriage of son, daughter, brother or
sister
To construct a house or repair a badly damaged house
Issues with the Parole
System in India

Parole is the provisional release of a prisoner who agrees to certain
conditions. Originating from the French parole (voice, spoken words),
the term became associated during the Middle Ages with the release of
prisoners who gave their word of honor to abide by certain restrictions.
Both civilian prisoners and prisoners of war may be paroled under certain
circumstances. Parole should not be confused with probation, which is a term
of supervision assigned instead of a prison sentence rather than early release
from prison.
In India, the parole system is being misused to a great extent. A recent
report by the Comptroller and Auditor General (CAG) stated that the parole
granted to prisoners in India is misused by many of them as a convenient
escape route.
A random review by the CAG in two districts of Punjab, found that out
of the 82 prisoners released under the parole system between May 2001 and
2008, 51 did not report back and 31 overstayed their parole period by as
much as 1 year. The CAG has blamed inaction of the state police for this
bleak scenario.
The parole system is an excellent way to allow prisoners to rehabilitate
and get in touch with the outside world. However, an abuse of the system is a
drag on the country. The urgent need of the hour is for police officials to
acknowledge that the parole system is being misused and find ways to ensure
that parole laws are properly enforced in prisons across the country.




Difference between parole and mandatory supervision


Some states in the US have what is known as "mandatory supervision,"
whereby an inmate is released prior to the completion of their sentence due to
legal technicalities which oblige the offender justice system to free them. In
some states such as Texas, inmates are compensated with "good time," which
is counted towards time served.

For example, if an inmate served five years of a ten year prison term, and also
had five years of "good time," they will have completed their sentence "on
paper," obliging the state to release them. Where parole is granted or denied
at the discretion of a parole board, mandatory supervision does not involve a
decision making process: one either qualifies for it or does not. Mandatory
supervision tends to involve stipulations that are more lenient than those of
parole, and in some cases place no obligations at all on the individual being
released.

Is the Parole System being misused in India?

In India, the parole system is being misused to a great extent. If going by the
report of the Comptroller and Auditor General (CAG)the parole granted to
prisoners in India is misused by many of them as a convenient escape route.
A random review by the CAG in two districts of Punjab, found that out of the
82 prisoners released under the parole system 51 did not report back and 31
overstayed their parole period by as much as 1 year for which the laxity and
inaction of the State Police be blamed.Most recent example is that of Nitish
Katara's killers, Vikas and Vishal Yadav who have been misusing the system
to stay frequently in hospital.

CASE: Manjulabai W/O Kisna Gulabe vs State Of Maharashtra on 24 April, 2002
JUDGMENT by V.M. Kanade, J.
1. All these three criminal writ petitions have been sent through jail and in all these three
petitions, the petitioners are seeking parole for a period of 4 weeks in order to attend the
marriage of Miss Savitri who is the daughter of Manjulabai the petitioner in Criminal
Writ Petition No. 165/02, sister of Devanand who is the petitioner in Criminal Writ
Petition No. 166/02 and daughter of Kisna who is the petitioner in Criminal Writ
Petition No. 167/02. All these three petitioners are in jail and are convicted for having
committed the offence punishable under Section 302 read with Section 34 of the Indian
Penal Code. Their conviction has been confirmed by this Court and also by the Apex
Court. The applications made by the petitioners to the Competent Authority, have been
rejected on the ground that they are not entitled to get furlough because they have not
completed 2 years of sentence as per Rule 3 of the Furlough Rules and on the ground
that they are not entitled to be released on parole because under Rule 19, the prisoners
are not entitled to be released on parole on the ground of marriage of their close
relatives.
2. In these three petitions since the petitions were sent through jail, we have asked Shri
V.M. Deshpande, Advocate to appear on behalf of Kisna Gulabe in Criminal Writ
Petition No. 167/02 as amicas curie to assist this Court. Similarly, we have appointed
Miss Kalsi, Advocate to appear on behalf of Devanand Gulabe in Criminal Writ Petition
No. 166/02 and Shri N.A. Badar, Advocate to appear on behalf of Manjulabai in
Criminal Writ Petition No. 165/02.
3. Rule made returnable forthwith and heard with the consent of the parties.
4. We have heard Shri V.M. Deshpande, Shri N.A. Badar and Miss Kalsi, the learned
counsel appearing on behalf of the petitioners and Shri D.B. Patel, learned A.P.P.
appearing on behalf of the State. Shri D.B. Patel learned A.P.P. appearing on behalf of
the State, submitted that at the outset there is no dispute about the fact that the marriage
of Miss Savitri who is the daughter of Kisna and Manjula and sister of Devanand, is
going to take place on 3rd of May, 2002 and that all the 3 members in the family are in
jail. Shri V.M. Deshpande, learned counsel appearing on behalf of Kisna who was
leading the arguments in all the three matters, has taken us through the various charts
which are provided by the petitioners wherein the particulars of furlough and particulars
of parole have been given.
BIBLIOGRAPHY

Legallyindia.com

Ndtvindia.com/news

www.articlesalley.com/article.../History_Of_The_Parole_Syste
m

www.lawyersclubindia.com Articles Criminal Law

5. Indiankanoon.org