Community service an alternative to jail
KOZHIKODE: Social defence policy approved by state cabinet also recommends other measures to bring down crime rate .A study will be undertaken on incorporating these in laws like CrPC, IPC, Police Act and JJ Act.Judicial and social work experts welcome move — a first in the country if implemented
In a first in the country, the social defence policy approved by the state cabinet on Monday envisions community service (CS) as an alternative to imprisonment in minor cases. The policy recommends various other measures also to gradually bring down the crime rate in the society as well as prevent crimes. For legalising CS or social work as a punishment, the policy says that a comprehensive study on incorporating the same in various existing laws such as CrPC, IPC, Kerala Police Act and Juvenile Justice Act of 2015 (JJ Act) should be undertaken within a year.
The District Probation Officers will submit a report on the guidelines in the model of CS being included in the JJ Act. Various social services should be identified and recommended for the crime doer as per his or her educational qualification.
The social services must become beneficial to the common society. If implemented, it would be beneficial for many, particularly first-time offenders and young offenders, who have to carry the lifelong burden of being a convict.
“In nowhere in the country CS has been legalised as a punishment method. Though Andhra Pradesh had drafted a similar one, it has not been implemented,” said Subair K K, Special Officer, Social Justice Department.
Sources say that offences which attract punishment up to three years in jail are being considered to be fully or partially substituted by CS. A report on the crime doer must be submitted by the probation officer before the pronouncement of the sentence. The CS could be done on an hourly basis as per the recommendation of the probation officer.
‘Limit punishment’
Prof G Mohan Gopal, former director of National Judicial Academy, told TNIE that CS should be effectively used in place of imprisonment. “Limited punishment is the key word in the new horizon of reformation. The CS should be meticulously used to avoid imprisonment and not as a substitute for paying a fine. It should be implemented with an aim to reform the crime doer and not deprive his/her liberty. It should come as a relief and sort of offering liberty to the crime doer and not as giving him or her more stress,” he cautioned.
Dr Reshma Bharadwaj, assistant professor, Social Work, Sree Sankaracharya University of Sanskrit (SSUS), observes that the move is a welcome initiative, though much has to be done before implementing it. “We have Probation of Offenders’ Act 1958 in force which allows the court to let prisoners of non-heinous crimes out of jail for ‘good behaviour’ under supervision.
But it was rarely used. When we look at the jail statistics, a lion’s share of the prisoners are Dalits, Muslims and from other marginalised communities. It doesn’t reflect the reality. The poor who cannot afford a lawyer often ends up in jail,” said Bharadwaj, who is researching on Act. She also felt that the society’s perception towards punishment needs to be changed. “Legalising CS as an alternative to imprisonment will mark the start of bringing in such a change in perception.”
The community service could be done on an hourly basis as per the recommendation of the probation officer