The author of this article is Sreelakshmi.S. She is the Convenor of the Centre for Probation Reforms, Law and Justice Research Foundation.
The article speaks about the Members of the Probation Support Team and their roles and responsibilities.
Introduction.
‘PROBATION’ or in malayalam we call it as ‘NALLANADAPPU’ also can be described, respecting Honorable Justice V R Krishna Iyer’s words on Karuna; as ‘Karunayude Dharmashasthram’; is a court order to release an offender to follow certain conditions for a period of time instead of serving time in prison under the supervision of a probation officer and by provisions stated in sections 3, 4, 5, 6 and 7 of probation of offenders act, 1958. We know that when young offenders or first offenders are send to the jail, the atmosphere and experience of the jail, the friendships and contacts with hardened criminals can turn a petty offender into a hardened criminal; and this itself takes away liberty and dignity of that individual; which is also a grave human rights violation.
The beauty of the Indian Constitution is that it includes ‘I’, ‘YOU’ and ‘WE’. Such a magnificent, compassionate and monumental document which includes emphatic inclusiveness and these are further nurtured by judicial sensitivity when developed the golden triangle of Fundamental Rights.
I stated so, because; ‘I’ as a citizen of India or as a social being or as an individual, ‘YOU’ as an individual, and ‘WE’ as a person who holds certain Fundamental rights; and some of which are stated as also Human rights of a person; and any indignity and such actions or behaviour which curtails the liberty and dignity of such prisoners are fundamental as well as human right violations and are injustice towards them.
We introduced several projects for the proper development and implementation of the probation services, like NERVAZHI (started in 2014), JEEVANAM programmes, Social justice probation wing; providing training facilities, financial assistance- career guidance- self – restoration of prisoners and their families; psycho-social support and opportunities for life skills training and construction in association with a mass community, officials and through the support of newly emerged social justice probation wing; known by name ‘Probation Support Team’.
What is the need of such a special social justice probation wing or probation support team? It gathers very relevance; as we have to think about the present scenario and it’s responses in each and every field with the interventions of YOUTH ASSOCIATIONS who possess specialised knowledge and skills ti further nurture its scope and implementation and provide the benefits to real and deserved beneficiaries.
The ‘YOUTH’ includes as aforementioned ‘I’ , ‘YOU’ and ‘WE’ can done a lot things for the social welfare and promotion of social justice eradicating social injustice; by co-operating with free legal aid in probation services; associating with District legal services authority and by forming a collective specialized group or team introducing or providing probation service benefits in the right hands. Also have a primary duty to assist the probation officers in each districts to properly scrutinize and categorize each related services and beneficiaries details and associating with them as a helping hand or as a supportive element for this beneficiaries and acting as a connecting link or as a bridge between probation officers and prisoners and their families and also between probation department and other judicial, correctional department and police officials; other counsellors for the promotion of probation services.
All the aforesaid factors are part of things that should be realised and grasped by every probation support team members in order to properly give an assistance as stated earlier for the benefit of the ‘SOCIETY’; Because here society is the main object to be highlighted. We are all creatures of the society; without society no one can exist; and without Justice a society may not progress and it is the responsibility of this community to implement the same respecting the basic structure which is fundamental in all aspects.
Roles and Responsibilities of Probation Support Team on the basis of NERVAZHI project – Non- Institutional Treatment for, and Rehabilitation of, offenders in Kerala.
“All criminals should br treated as patients and the jails should be hospitals admitting this class of patients for treatment and cure. No one commits crime for the fun of it. It is a sign of diseased mind. The causes of particular disease should be investigated and removed.” – Gandhiji.
• Duties and responsibilities follows:-
√ Classify types of offences and offenders who are found to be amenable to correction and rehabilitation.
√ Provide facilities and coordination to wisely and effectively administer the benefits of the Probation of offenders act.
√Provide assistance to release eligible persons in conflict with law on probation and successfully mainstream back into society as productive and dignified human beings.
√ Provide assistance or help to reduce recidivism
– including incidences of sexual offences; and reduce crime rates.
√ To fulfill immense need for, and potential of, an effective probation system.
√ Organise Infrastructure and develop possibilities of mechanisms of crime control such as probation, community services and rehabilitations.
√ Regular identification of offenders eligible for probation; to undertake comprehensive investigation reports to ascertain – Whether they are amenable to correction, to provide necessary psychological treatment when necessary and to ensure effective supervision to enhance the likelihood that the probationers will be reintegrated back into society.
√ Provide activities and organise structured elements to reduce over-crowding in prisons and to increase the efficiency of the criminal justice system.
√ Organise Infrastructure measures to develop capable probation and justice institutions that are well structured, financed, trained and equipped to handle matters of probation.
√ Provide assistance in various components of Capacity Development Of Probation System :- Which incorporates within :-
• Capacity Development of Magistrates.
• Strengthening the organizational structure for probation officers.
• Capacity Development of probation officers and associated staff.
√Infrastructure and facilities for probation systems includes :-
• Strengthened probation offices.
• Probation Homes.
• Reorganization and strengthening of Borstal schools.
√ Enhancing accountability of, and demand for, probation – related functionaries and stakeholders. •Establishing an accountability framework.
• Sensitization programmes for stakeholders.
√ Strengthening the regulatory framework for probation in Kerala.
√ Implementing arrangements and estimating budget.
√ Monitoring of project implementation and results.
√ Classify into appropriate steps its working scenario according to possible risks and mitigation measures.
√ And provide assistance to such other factors as prescribed by Probation of offenders act and policy for Proper Correctional justice administration.
Image source: https://bit.ly/3hmtSFs
Roles and responsibilities described in accordance with various measures, mechanisms, Justice administration and jurisprudence undertaken by Law and justice research foundation and on basis of certain seminars, webinars and other lecture sessions undertaken by probation departments, Government of Kerala.
No criminal is born in his birth; he/she is actually a person of circumstances; and every person is a treasure and si never ignore a person saying you are fruitless or waste; instead do such things that will reform them; use your skills and knowledge fir the greatest good od greatest number of people; and thereby bring peace and harmony and ensure Justice.
Ensuring all the aforementioned factors in Probation Reforms and Promotion of Probation Services obeying provisions of PROBATION OF OFFENDERS ACT; it’s very significant to understand the ROLES AND RESPONSIBILITIES of ‘PROBATION SUPPORT TEAM’ members – Newly emerged Youth Association in Probation Department; and it includes :-
•Assistance to probation officers and probation department in order to introduce the schemes properly.
• Collecting and categorising the beneficiaries of probation of offenders act.
• Visiting correctional homes as prescribed by probation officers and to do psycho-social-legal interventions for the betterment of prisoners (jail inmates).
• Provide counselling to jail inmates after proper interaction with them and also filling the gap between family members and prisoners and society and such persons; to ensure their development in the society.
• Associating with correctional department, probation department and District legal services authority provide probation literacy campaigns and conveying about the benefits of probation of offenders act and it’s schemes and how they can avail the same; as their fundamental as well as human right.
• Research in the field of probation reforms and bring proper amendments in probation act and policy; in order to suit the proper administration of justice which is fair, just and reasonable.
• Should have a collective human ideology :- psycho-social-legal-economic & cultural background. This can be achieved through experiences gathered from various instances from officials and case studies.
• Primary objectives – promotion of awareness – case study, evaluation and research to further implementation of existing system of laws and policies regarding probation and necessary amendments( finding out specific areas).
• Associate with judicial & correctional department & police officials and try to build up requirements for the implementation of the benefits of probation and wide spreading it’s scope.
• Interaction with legislative, executive and judicial authorities and members, and associate with them for its right-based execution in each aforesaid arena’s and provide benefits of probation services to maximum beneficiaries; thereby can reduce over-crowding in jails.
• Collect the particulars of jail inmates and interact with their family members and provide required assistance for them as a compassionate friend; conveying their issues before the authority submitting a report of the same.
• Providing supervision as prescribed by respective probation officers authorised; to ensure that cases are properly reporting; in order to reduce chances for further criminal intentions, checking background of the case and if curable, then to heal it from the first instance.
• Provide assistance for developing mechanisms and opportunities for psycho-social behavioural development of offenders or inmates of jail; observation homes and juveniles etc.
• Organise and coordinate campaigns; seminars; workshops; media publications; writings; role-plays; street dramas for promoting probation services literacy- giving special emphasis on it’s merits and restoration.
• Provide assistance in categorising, collecting particulars of jail inmates; for delivering any mental-physical disability counselling and medical treatment.
• To deliver free-legal aid services in collaboration with district legal services authority.
• Developing the mental – physical capability of jail inmates; conduct several programmes and associations involving several youth organisations; LSG’s and community level organisations who actively participate in social welfare activities.
• Main focus should be on proper implementation of probation of offenders act; parol & after care services ( of released prisoners); and social
Re-integration & Rehabilitation.
• Provide services for people in need of care and protection by ensuring community level participation and providing awareness to the members working for the same for its effective implementation & success.
• Initiating literacy programmes from the base level participation and eradicating re-victimisation.
• Provide assistance in strengthening the organizational structure of the probation system as per the act & rule; strengthening after care services & introduce pre-trial services.
• Assistance to establish an accountability framework for probation related functionaries.
• Research and Review of Kerala PO RULE 1960.
• Assist and coordinate in activities for strengthening infrastructure and facilities for the probation system- probation home.
• Provide assistance for the proper implementation of child probation system; to mould socially benefitted talented younger generations – saving them from the evil hands of victimisation at earlier age.
• Provide assistance in categorising under trial prisoners or accused who are potentially eligible to be treated under Probation of offenders Act.
• Young accused (18-25) need psycho-social support after released on bail.
( police/court/prison).
• Ex- convicts in need of psycho-social support.
• Probationers.
• Persons addicted to alcohol or other substances.
• Convicts who are not granted parole & premature release.
• Provide assistance in social defense services in probation through active interactions with local self – governments. • Mainly delivered with the duty and responsibilities :-
(a) To arrange legal services through District Legal Services Authority (DLSA) if necessary.
(b) To conduct interview with accused and family members; assess the risk of accused through case work & prepare individual care plan for young accused (18-21).
(c) To identify potentially eligible convicted cases for probation.
(d) Assist Ex-convicts for social integration & rehabilitation; to get shelter, help job training employment, necessary documents for social life; etc.
(e) To conduct probation law literacy programmes.
(f) Identify the eligible cases of plea bargaining; to seek assistance from CJM Court/ DLSA.
• Coordinate to conduct face-to-face meetings; it’s a powerful way of addressing not only the material & physical injuries caused by crime; but the social, psychological and relational injuries as well.
• Major Focus, besides with coordinating aforementioned elements should lead to Rehabilitation, Restoration, Transformation & Reformation.
Probation Services are distributing as a tool for promotion of REFORMATIVE JUSTICE. And for its just, fair and reasonable administration youth association in probation department; I.e; ‘PROBATION SUPPORT TEAM’, play a very significant role. They are entrusted with the duty to assist such a reformative movement in the field of victimology and criminology; with proper scrutiny, categorisation and active timely interventions; and these activities provided also become central to the administration of criminal justice process. Also remind ‘No person in our society is fruitless’. Criminal behaviour is a psychological, sometimes, socially evolved illness through circumstances, provocation etc; that should be cured for those who wish to live rest of their life with family or ready to submit before such a REFORMATIVE TREATMENT.
“WE HEAL, NOT IN ISOLATION; BUT IN TOGETHERNESS.”
So, together we can bring this change and fulfill the dream of Honourable Justice V R Krishna Iyer, who contributed a lot in prison reforms and criminal justice administration.
Reference
- NERVAZHI Project – Non – Institutional Treatment for, and Rehabilitation of, offenders in Kerala – Report, Social Justice Department, Government of Kerala.
- https://youtu.be/MrvMSpnbhsg
- https://ljrfvoice.com/2021/07/24/probation-best-practices-in-kerala/
- https://youtu.be/x_UsJiWhTxQ
- https://youtu.be/qxVGaHXTWKY
- https://youtu.be/cR9UKntKVfs
