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Submitted by:
Joy Parimala
B.A LLB(H), Amity Law School,
Mumbai
E-mail: joy_parimala@yahoo.com
Internship period: 10th June 2016 - 11th July 2016
INDEX
S.N Contents Page
o No.
1 Acknowledgement 1
5 Objectives
6 Assignment executed
7 Learning Outcomes
8 Conclusion
ACKNOWLEGMENT
I would like to extend my sincere thanks to PRAYAS, A field action project of
the Tata Institute of Social Sciences(TISS), for giving me the opportunity to
intern in their organisation under Rehabilitation of Offenders in Criminal
Justice for a period of 30 days commencing from 10th June 2016 to 11th July
2016.
I would take this opportunity to thank Prof. Vijay Raghavan, the Chairperson of
PRAYAS, who have guided me throughout this journey and supported me in all
my endeavours.
Also, I extend my gratitude to our supervisor Mr. Vijay Johare & Mr. Vijay
More, who has been an encouraging mentor and a primary source of guidance
throughout the internship period.
Joy Parimala
E-mail:
joy_parimala@yahoo.com
Signature: Date:
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PRAYAS A Brief Review
Established: 1990 .
Prayas is a field action project of the Centre for Criminology and Justice, Tata
Institute of Social Sciences working in the criminal justice system towards the
protection of legal rights and rehabilitation of vulnerable groups.
Objectives:
Demonstrate the need for social work intervention in the criminal justice
system viz. at police stations, prisons, criminal courts,etc
Prison: Work with women and young males (18 to 23 years) through offering a
range of services such as legal literacy, support to families, especially children,
counselling, vocational activities, etc
Mahatma Gandhi once said, "Hate the crime not the criminal". This means
that we need to eliminate crime and eliminating criminals is not the way to do it.
While it is true that punishment gives a sense of satisfaction to the victims and
to the society in general, it has been observed that in most of the cases
punishment, especially imprisonment, does not actually reform the criminal. In
most cases, once a person comes out of a prison, he gets back to his old ways of
being in conflict with the law. This is true even more with young criminals, whose
minds are not fully mature. They get influenced in the wrong way because of
their interaction with hardened criminals in jails.
The object of probation has been laid down in the judgment of Justice
Horwill in In re B. Titus - S. 562 is intended to be used to prevent young
persons from being committed to jail, where they may associate with hardened
criminals, who may lead them further along the path of crime, and to help even
men of mature years who for the first time may have committed crimes through
ignorance or inadvertence or the bad influence of others and who, but for such
lapses, might be expected to make good citizens.
It must, however, be kept in mind that reformation does not always work. Some
crimes are so abhorrent and some criminals are so unrepentant that it is best
to punish them so that the price of committing the crime keeps them from
committing it again. For some of them, there is no hope for reform, and it is
best to protect the society from them by locking them away for life.
The Borstal Schools Act owes its origins to England - a movement towards
reform and rehabilitation of youthful offenders by separating them from adult
prisoners and starting reformatory schools for young offenders with an
emphasis on education, vocational training and reform, rather than on
punishment and sentencing. The Act was passed in India in 1929 as opposed to
the Probation of Offenders' Act, which was passed in 1958. Most States in the
country established Borstal Schools to treat youthful offenders differently
from adult and hardened offenders. Maharashtra established its first Borstal
School in Kolhapur and this was later shifted to Nasik, where it presently
exists. It has a capacity of around 250 youthful offenders and the
superintendent of the institution is called the principal. The School provides for
a range of vocational training facilities and ITI approved certificate courses in
carpentry, workmanship, and a host of other vocations.
The Probation of Offenders Act and the Borstal Schools Act are among the
earliest legislations passed in India which have a clearly correctional
perspective. These acts were passed with the objective of focusing on youthful
offenders to 'reclaim' this section of society from the world of crime and
negative influences and re-integrate them into the mainstream. There is often a
misconception about these legislations mat they are 'soft' and amount to
showing leniency towards the offender, and therefore can only be considered in
petty offences or where the offender is very young. However, the true
objective of probation is the Scientific application of criminological and
punishment theories to certain categories of offenders - those who can be
corrected and 'reclaimed' without being imprisoned. It is based on the premise
mat every offender does not need to be sentenced to imprisonment and can be
improved through a community based supervised-process. It can also be a more
cost effective method of crime prevention man imprisonment - in certain
category of offences.
Rules of Probation of Offenders Act, 1958: A
Critique
Probation is a process of treatment. Probation treatment is not a single act or
event. It is a process a series of actions and re-actions, which go on over a
period of time. It includes:
10) To provide him financial assistance through bank or Govt. funds or from any
other social agency.
As per Section 19, in the states where Probation of Offenders Act is enacted,
Section 360 of CrPC shall cease to apply. Thus, it is clear that Section 4 of
Probation of Offenders Act has overriding effect.
I visited the children home to take review of the case and about the true facts
of the case and help them to afford free lawyer for the case review.
I learnt how to file FIR and its pre-requisite and essential things. What all
investigation is required to form a charge.
And also learned to draft cases. This also included case summary. In these, I
was expected to outline the main issue of the case and specify the letters that
had been issued to the concerned authorities.
Indexing of case files holds a lot of importance in a case at the time of hearing
as these files is to be presented before the judge and the opposition party. I
did Indexing of annexure of two cases from Civil Sessions Court, Churchgate.
LEARNING OUTCOMES
This assignment presented me an opportunity to work for a non-governmental
organization and know about its functioning. I learnt how the complaints are
received, managed and segregated by the department. The working on the
juvenile justice and probation of offenders system was a great aid in teaching
me this.
The drafting of bail application and case history taught me how the criminal
justice is functioning in the favour of child. I was also once asked to read few
sections of the Borstal School Act, Probation of Offenders Act, Juvenile
Justice Act which helped me gain more knowledge about the laws prescribed by
the government in favour of children and their rights.
It helped me to learn how to give back to the society and bring about a change
in the way things work. It most importantly taught me the significance of team
work in our life. While working with the members of PRAYAS division, other
members of PRAYAS and my co-interns, I learnt how teamwork can help
bringing about a difference in the society and how easy the toughest situations
become.
CONCLUSION
The majority of the prisoners are charged under Indian Penal Code, Railways
Act, Bombay Police Act and Criminal Procedure Code offences. A substantive
number of prisoners are local residents of Mumbai. They are young and below 21
years of age. In this situation the section 3, 4 and 6 of the P.O. Act, 1958
allows the prisoner to avail the benefit of probation instead of languishing in
prison in minor offences.
It has been observed that one of the reasons for non-implementation of the
provisions of the PO Act and the Borstal Schools Act is the lack of interaction
among the members of the judiciary and the probation officers and social
workers who work with prisoners to discuss and address the problems related
lack of proper implementation of the Acts. There are a lot of misconceptions,
lack of awareness and understanding about the ground level realities which could
be solved if there exists a platform to discuss and sort out the issues
concerning the implementation of these correctional laws.