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Internship Report

On

Juvenile Justice Act and Probation


of
Offenders Act

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

2 PRAYAS- A brief overview 2

3 A Brief history of Probation and Borstal


Schools

4 Rules of Probation of Offenders Act,


1958

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

B.A LLB (H), Amity Law School,


Mumbai

E-mail:
joy_parimala@yahoo.com

Phone: +91 9049653409

Signature: Date:

________________
__________________
PRAYAS A Brief Review
Established: 1990 .

9/1 B.D.D. Chawls, Worli, Mumbai

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

Works towards the rehabilitation of persons coming out of or vulnerable to


crime or prostitution.

Provides support to families of persons in crime/prostitution, especially


children to counter negative influences and prevent criminalization.

Increase awareness in government and society about issues related to the


rehabilitation of persons affected by crime or prostitution towards law and
policy change.

Generate knowledge in the field of social work, criminology and corrections


through the analysis of field experiences.

Programmes and Intervention:

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

Criminal court: Legal guidance and referral services to persons approaching


the courts - complainants, accused or their families.

Contact-cum-Rehabilitation Unit: Providing a range of services for youth and


or their families approaching Prayas after their release from prison/custodial
institution or referred by clients, ex-clients, police/prison/institutional staff,
judiciary, NGOs/CBOs or members of the community.

Policy and Advocacy: Taking up field issues with government departments


concerned police, prison, law and judiciary, women and child development, home,
youth affairs and education both at the State and Central level. Lobbying with
national and state level bodies such as NHRC, NCW, SHRC and SCW to create a
climate conducive to rehabilitation of vulnerable groups in criminal justice.
Involvement in PILs both at the Supreme Court and the Mumbai High Court on
issues related to prison conditions, trafficking, children of prisoners,
rehabilitation of victims of commercial sexual exploitation, etc.
A Brief history of Probation and Borstal Schools

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.

One way to counter this problem is to provide opportunities and guidance to


young and first time offenders instead of committing them to jails. The idea
behind such treatment is that, normally, human beings do not resort to crime
unless they are forced due exceptional circumstances. If we want to reduce
crime, we should make sure that chance criminals are given an opportunity to get
reformed instead of turning into hardened criminals. This is the aim behind
Probation of Offender's Act, 1958. It allows the court to take into account the
nature of the crime, the age of the offender, and the circumstances of the
crime, and instead of committing the offender to jail, release him under
supervision and guidance of a probation officer. This ensures that the offender
is integrated back into the society. The act is based on the reformatory
approach, which is adopted in many countries of the world. For example, in USA,
almost 60% of the offenders are released on probation.

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

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:

1) To re-direct his emotions to healthier channels.

2) To give him psychological support

3) To give him encouragement

4) To show him sympathy

5) To render him guidance and advice

6) To give him re-assurance (Re-assurance includes relief from fear or anxiety


through comforting words)

7) To change his environment

8) To provide/create recreational activities in a more constructive way.

9) To render him psychiatrist treatment, if necessary.

10) To provide him financial assistance through bank or Govt. funds or from any
other social agency.

Section 360 of CrPC and Section 4 of Probation of Offenders Act

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.

Section 360 of CrPC - Order to release on probation of good conduct or after


admonition :--(1)When any person not under twenty-one years of age is
convicted of an offence punishable with fine only or with imprisonment for a
term of seven years or less, or when any person under twenty-one years of age
or any woman is convicted of an offence not punishable with death or
imprisonment for life, and no previous conviction is proved against the offender,
if it appears to the Court before which he is convicted, regard being had to the
age, Character or antecedents of the offender, and to the circumstances in
which the offence was committed, that it is expedient that the offender should
be released on probation of good conduct, the Court may, instead of sentencing
him at once to any punishment, direct that he be released on his entering into a
bond, with or without sureties, to appear and receive sentence when called upon
during such period (not exceeding three years) as the Court may direct, and in
the meantime to keep the peace and be of good behavior.
OBJECTIVES AS AN INTERN

1. Comprehending the operations of an NGO.


2. Identify the Role of PRAYAS in the protection of juvenile
rights.
3. Studying laws established for protection of juvenile rights
and Probation of Offenders.
4. Understand the action taken at the time of violation of
these Rights.
5. Understanding the role and function of the Probation
division in the working of PRAYAS.
6. Learning the process in which complaints are managed.
Assignment Executed

In the due course of the internship I was exposed to various


functions and segments of the Juvenile Justice division. I gained
an in depth understanding and knowledge of the ways in which the
division operated. My assignment included performing the
following tasks:

1. Attended Socio Legal Conference:

I actively participated in Socio Legal Conference that was organised at Tata


Institute of Social Sciences (TISS), Mumbai. I got exposure about the working
mechanism of NGOs that are actively participating in providing free legal aid
and rehabilitation to Prison Children.

2. Visited Prisoners Home:

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.

3. Summarised the cases and reading the FIRs

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.

4. Indexing Ongoing Cases:

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.

If convicted, these under trials could be considered for release on probation


and this would help reduce overcrowding in prisons. It would also ensure that
first time and youthful offenders who get the benefit of probation will get an
opportunity to re-integrate in society and kept away from the criminalizing
influences of hardcore offenders.

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.