"Probation: Best practices in Kerala"

” The prison not only takes away liberty and dignity but also contaminates. The atmosphere and experience of the jail, the friendships and contacts with hardened criminals can turn a petty offender into a criminal or antisocial “.

-( Kiran Bedi)

“Probation” is a court order to release an offender to follow certain conditions for a period of time instead of serving Time in prison. As a part of the Government of Kerala Project; of which, Vision mainly focused on “Less Crime, More Peace” and particularly to enhance facilities for rehabilitation in appropriate manner and also to follow the Reformative pathway, promotion of restorative justice while working with the new aspect or perspective of Correctional centres. The Mission focused to reduce prison population, reduce recidivism, crime free society and victim support services. And for achieving aforesaid goals we already by comprising law students, Social workers and other official from social justice departments, NGO’s, professors, officers dealing with correctional services, judicial and quasi judicial officials, started with their mutual guidance and support ” Probation Support Team” for each district and provided them training as Resource persons to further develop and widespread the concept of “Probation & After Care”. On the birth anniversary of late jurist V R Krishna Iyer; who dedicated valuable thoughts on prison reforms and related visions to achieve; Social Justice Department, probation officers and probation support team decided to observe week – long events as part of the day to give awareness about Probation & various social defence mechanisms, and psycho- social aspects and spreading our vision by means of Community Level Participation.

The quality of the report submitted by the probation officer is one of the main foundations in the determination of success in the same. So our Mission throws light on improving the same by providing awareness among various fields which deals with grasping and expressing and comprehending particular and minute aspects of such inmates in jail; combining social norms. Also conducted several sessions which highlighted the need for psycho- social balancing of behavior among inmates in jail and understanding background while approaching such occasions, while addressing it through the qualitative reports. Nervazhi ( started in 2014), Jeevanam programmes, Social Justice- Probation Wing; providing training facilities, financial assistance, career guidance, self- Restoration, psycho- social support and opportunities for life skills training and consultation in association with a mass community, officials and through the voice of Probation support team- the emerging strength. Preparing much more occasions of public awareness about the benefits & potential of Probation and enhance the effective Participation of NGOs in achieving the project objectives; also, the wing giving significance to find out what are the drawbacks to be eliminated and essentials which should be included for effective implementation of ” Probation of offenders act” in Kerala; and making research on it with the help of Law teachers, judicial- quasi judicial officials and by collecting data of the current level in the same from probation officers. Amidst this pandemic era, we are focusing and continuing various activities to improve several conditions of probation personnel and institutionalized in a form of career planning management on priority with a view to attract young talents to the probation services.

Probation is an alternative to imprisonment, and is considered the most viable sentencing Option for juveniles, young offenders, first time and petty offenders and even repeat offenders. So following certain psycho- social aspects and certain persisted disorders, especially of young offenders or juveniles should be handled with care; because their life can be spoiled by another small mistake through provocation. So through the binding strength of probation support team, probation officers, officials of social justice department, other personalities; through Nervazhi project and Jeevanam programme including various other activities conducting at each districts, promoting ways to reform the offender by means of proper consultation and medical care, conditions of good conduct and supervision, Reformation, Restoration and re – socialisation in line with the reform of the penal system; with great support from Government and various arenas and making events to implement the same by respecting Constitution of India and Natural and restorative Justice.

SCHEMES & BEST PRACTICES IN KERALA :-

•Jeevanam self-employment scheme to dependents of Crime victims.

•Marriage assistance to daughters of prisoners.

•Rehabilitation of cured mentally ill prisoners.

•Thanalidam probation home.

•Nervazhi – Modernization and strengthening of the probation system.

•Educational assistance for children of victims of crime.

•Financial assistance to Ex- convicts, probationers and Ex- pupils.

•Educational assistance to children of prisoners (pursuing professional Course).

• Self- Employment scheme for dependents of prisoners.

• Educational assistance to children of prisoners.

• Life Skills Training programmes for young offenders or Juveniles through various NGOs working in collaboration with Social Justice Department.

•Prevention and Control of Juvenile delinquency.

• Probation services & Prison Welfare Services.

• Anti- beggary programmes.

• After- care and rehabilitation of convicts.

• Correctional training and research.

• Reformation and Revival of Nervazhi and Jeevanam project in accordance with transformation.

• System of “Child Probation System” is there in the content; but the implementation is not done yet; So, promotion of the same also highlighted; and working for the Same.

•Providing supervision 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.

•Providing mechanisms for psycho- social behavioural development of offenders or inmates of jail, observation homes and Juveniles etc.

•Promotion of pretrial services.

•Ensuring proper care & protection through de-addiction centres; counselling and psycho-social intervention and providing support to develop career capabilities by diverting from their behavioural or mental disorders.

• NERVAZHI : Non-Institutional Treatment for and rehabilitation of offenders in Kerala.

•JEEVANAM : Victim Rehabilitation Project.

• To ensure the Innocents are not undergoing for punishment through corrupt practices; and young offenders are to be reformed and restored through various job opportunities and vocational trainings and thus reducing the overflow of offenders in jails.

•Maintaining capacity of jails in order to ensure the proper administration.

•Services to eradicate Institutional Corruption.

•Ensuring Non- Institutional Correction; to eradicate social stigma and labelling in further life and career opportunities.

*Mainly focused on

1. Implementation of probation of offenders act.

2. Parol & After Care service ( of released prisoners).

3. Social Re- integration & Rehabilitation.

* Database collection of details of prisoners in Kerala and selection of eligible prisoners to promote them the benefits of the act.

* Implementation of psycho-social and environment friendly interventions.

* 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.

* Initiation of several activities and research to eradicate :-

1. the lack of a vision or a clear mission for the probation system.

2. weak awareness of the benefits of effective probation by many stakeholders and the public.

3. lack of an updated probation of offenders act, 1958 and the 1960 state rules are based on outdated concepts of control.

4. weak inter- departmental synergy between key factors such as Judicial officers, probation officers, prison administors, prosecutors, advocates. and the police.

5. weak capacity and morale of probation officers to maintain excellence in work due to lack of any supervisory structures.

6. no high powered body ( from judiciary) available to monitor, supervise and oversee the probation activities.

• Focused on implementation of a mechanism to classify the offenders to benefit under probation.

•To bring and develop awareness among judicial officers, police officials and prison officers; training sessions through judicial academy and social justice Departments we’re organized and conducted. Also; promoting training sessions for social workers.

•Training sessions for probation officers; by Tata Institute Of Social Science; State Level Training Sessions were also held in collaboration with TISS; and conducting programmes for Capacity Development of Probation Officers and organized and conducted on the birth anniversary of justice V R Krishna Iyer (who promoted a lot in prison reforms); an event on “Probation of offenders act and Nervazhi project”; by social justice department having great support from several eminent personalities of Police department, Judiciary and Law Professors; in association with Law and Justice Research Foundation (NGO), District Legal Services Authority; a Taluk Level Awareness Programme.

•Several online platforms created for promoting awareness regarding Nervazhi ( Non- Institutional Treatment and Rehabilitation of offenders in Kerala).

•Conducted sessions on understanding the criminal justice system and probation methodology.

•Creation of State – level advisory body in probation.

• Creation of District level advisory committee in which District Magistrate as chairman; are other tasks implemented.

•Approaching probation of offenders act as right – based and implement the act; with respect to the changing instances and scenario; and our Constitution of India.

•Conducting certain rights based discussion including courts for young offenders; and protection to their safe social future; pre sentence investigation report ( as a fundamental document).

•Provided State Level Training comprising selected teams from each district’s Probation Support Teams on “Probation & After Care and other Social defence mechanisms”.

•Organizing and conducting various programmes and discussions to reduce use of imprisonment; Rationalization of criminal justice policies, based on human rights; requirements of social justice and rehabilitation needs of offenders.

•Increasing public participation and Community involvement including the Nations strength of Tomorrow “The Youth”; and Law students; Social workers; several NGOs etc; for improving the public’s understanding and acceptance of non-custodial measures.

After Care Services

Assistance to After Care Programmes

Social Rehabilitation of ex-convicts and offenders placed under supervision of poor economic condition is a grave social problem. This scheme is to provide some financial assistance to them for starting some Industry, Craft or Small Trade so as to enable them to earn a livelihood.

The After Care Programme intended to rehabilitate released prisoners and probationers coming under the supervision of District Probation Officers. By utilizing this amount they shall be engaged in small scale income generating activities. The amount of assistance is Rs.15,000/- per head. If the amount is insufficient for meeting the expenses this can be attached with some bank loan. The beneficiaries will be selected by the “After Care Association” organized for the welfare of Ex-convicts. The application form will be available from the District Probation Officer.

Scheme for the Rehabilitation of Families of Indigent Convicts

The objective of the scheme is to give financial assistance to the families of indigent convicts to start any income generating activities for their rehabilitation.

Educational assistance to children of Prisoners

There are many persons imprisoned, some for known reasons and others for unknown reasons. Once they are lodged in jail their families suffer the most. They get ostracized from society. Due to the lack of money their children might be denied education at a very early age itself. Therefore, the government has initiated such a project that aims at bringing these people to the mainstream of the society.

Beneficiaries – Children of Prisoners

Benefits –

1st Std. to 5th Std – Rs 300 per month ; 6th Std. to 10th Std. – Rs 500 per month ; +1 (Plus one) & +2 (Plus two) – Rs 750 per month ; Degree/Professional Course- Rs 1000 per month (Degree/ Professional course must be in Govt./ Aided Sector)

Eligibility Criteria

BPL (Financial aid can be provided to the children even though the relatives who are liable to protect them and falls under APL category, provided both the parents are in jail, For that an enquiry report of District Probation Officer is essential).

How to Avail

Applications are collected and submitted by jail Superintendents with recommendation. Financial aid is disbursed through jail Superintendents which is approved by the Director of Social Justice. The amount is directly transferred to the bank account of the beneficiaries.

AIM OF NERVAZHI PROJECT

(1) Rejuvenating and modernizing the probation system in Kerala.

(2) Protect the society from crime by reforming and rehabilitating the offender.

OBJECTIVES

(a) Better and Regular identification of offenders eligible for probation.

(b) Prevention of crime, Treatment and Rehabilitation of offenders.

(d) Strengthening after care services & introduce pretrial services.

(e) Capacity Development of Probation related functionaries.

(f) Establishing an accountability framework for probation related functionaries.

(g) Ensure better Justice to the victim as per the act.

(h) Create public awareness about the Probation system and increase NGO participation.

(I) Strengthening infrastructure and facilities for the probation system- Probation home.

(j) Review of Kerala PO RULE 1960.

TARGET GROUP

* Under Trial Prisoners or accused who are potentially eligible to be treated under P.O 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.

SOCIAL DEFENSE SERVICES WITH THE PARTICIPATION OF LSG’S.

*Conduct District Level stakeholders meeting chaired District Police Chief for planning the social defence programme in local level.

* With the support of District police, identified three Grama panchayats were probably high crime rate & socially backward area.

* Conduct workshops in identified Gram panchayats to introduce NERVAZHI PROJECT for planning LSG level programmes.

*Decided to conduct a survey for assessing the life status of youth( 18-25) in three GPs.

* Prepared questionnaire and took steps to conduct surveys with the assistance of Angnanwadi Workers.

SERVICES DELIVERED TO PROBATION SUPPORT TEAM

• Besides providing support for aforementioned practices; They are also delivered with the duty and responsibilities :-

(a) To arrange Legal Services through DLSA if necessary.

(b) To conduct interview with accused and family members; assess the risk of accused through case work and prepare individual care plan for young accused( 18-21).

(d) Assist Ex-convicts for social integration and 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.

PROGRAMMES

* District level stakeholders meetings.

* Workshop conducted in Pallickal Grama Panchayath.

* District level workshop in pathanamthitta.

* Consultation meetings.

* Conducted training for trainers (Probation & After Care) programme.

AIMS OF JEEVANAM

1. Identification of eligible victims to provide livelihood, Psycho-Social, medical and legal aid on time.

2. To give financial assistance to dependents of deceased victims and victims affected grievous hurt to start self employment programme like tailoring unit & dairy unit.

WORK IN PROGRESS

– Reaching out to victims; through the medium of :

* Probation Support Team.

*District Legal Services Authority.

* Kerala Police.

– Assistance to the applicants.( Provided financial assistance to 40 families with the help of Probation Support Team).

– Orientation class for self employment schemes.

ROLE PLAYED BY NGO :

(Law And Justice Research Foundation – Legal NGO based in Thiruvananthapuram, Kerala, India).

• Promotion of Literary Programmes on Legal Education Probation Services; Creation of efficient Probation support team;Assistance to those eligible for the benefit of probation of offenders act; Free legal aid Services through DLSA; Organized & conducted Probation Fortnight Celebrations and Justice V. R. KRISHNA IYER Memorial Lecture; on Probation Day – November 15; in which respected personalities contributed and gave support namely Kumari Chelsasini V. IAS ( Asst. Collector, Pathanamthitta); Shri. S. Sreejith IPS (Inspector General Of police, Crime Branch) ; Shri. T. K. Ramesh Kumar ( District & Sessions Judge, Pathanamthitta); Probation Day message conveyed by Shri. K. G. Simon IPS( District Police Chief); Justice V. R. Memorial Lecture by Prof. G. Mohan -Gopal ( Former Director, National Judicial Academy); Besides several other Mentors and Support Team Members.

* Providing common platform for Right- Based Justice Administration and fair and reasonable implementation of the schemesof criminal justice administration and related awareness sessions.

•Activities in association with Government Law Colleges; Law Institutes; Judicial & Quasi- Judicial Authorities; Police Department & Social Justice Department etc.

• Strengthening the Capacity of Probation Support Team; and Probation Services and research on it’s scope and betterment of Psycho-social scenario of young offenders, Juveniles and their family etc.

• Deliverance of a right- based support system and proper assistance.

MAJOR COMPONENTS

Component 1: Capacity Development of Probation System.

a. Capacity Development of Magistrates.

b. Strengthening the organizational structure for Probation offices.

c. Capacity Development of Probation officers and associated staff.

Component 2 : Infrastructure and facilities for Probation Systems.

a. Strengthened Probation offices.

b. Probation Homes.

c. Reorganization and strengthening of Borstal Schools.

Component 3. Enhancing Accountability of, and Demand for, Probation- related functionaries and stakeholders.

a. Establishing an accountability framework.

b. Sensitization Programmes for stakeholders.

c. Computerized MIS Systems and using Modern Technology.

Component 4. Strengthening the regulatory framework for Probation in Kerala.

• Understanding best practices.

– A comprehensive literature review will be undertaken to identify good practices, understand what has worked and what has not, and propose recommendations for the way forward.

• Review Committee.

– A policy Technical Committee will be established to review and recommend changes to modernize the system related to Probation. The recommendation of this committee will feed into the formulation of a policy on probation for the state as well as got into motion the revision of the Kerala Probation of Offenders Rules, 1960. It may also recommend to the Central Government on changes required to the 1958 Probation Act. It is proposed that the Technical Committee would be established by DSJ comprising of Director Of Social Justice ( Committee Convener), secretary Law Department, ADGP ( Prison), DGP (Home), Advocate General, Registrar ( General), Honorable High Court of Kerala, and Secretary KELSA. The Secretary of the DSJ will act as chairman of the Committee ( or their Representatives).

TABLE OF ACTIVITIES

( Highlighted Best Practices In Kerala).

I . Virtual Implementation Unit Established :

a. Roundtable Workshop conducted to seek participation of all stakeholders. (Govt. Order Issued).

b. Constitution of Probation Advisory Committee ( as per PO Rule).

c. Formation of Review Committee ( For Probation Policy Making and PO Rule Amendment).

d. TORs for studies prepared.

e. Preparation of TOR and Literature Review.

f. Rapid assessment of office conditions in 14 districts.

II. IEC Programme.

* Consultant to design IEC Programme (CDIT).

* IEC Campaign conducted.

III. Training And Capacity Development :

• Training of Probation Officers at TISS.

• Appointment of Chief Probation Superintendent and Regional Probation Officers.

• Capacity Development Sessions Designed and Planned with relevant agencies such as KJA and KPA.

• (Collaboration with KJA) Training for Hon. District Judges; CJMS and other Magistrates and DPOS (175 People).

• Other stakeholders ( police, prison officers, prosecutors, media, NGO and students (District Level – 700 people).

• Appointment of 14 Honorary Probation Officers, Legal Counsellors and Clinical Psychologists.

• Training of Honorary Probation Officers and Associated staff.

• Meetings of the Probation Advisory Committee to assess progress and discuss steps to be taken.

IV. Component for NGO collaboration.

• Preparing TOR for engagement with NGOS.

• Advertisement and Selection.

• Probation Homes for Probationers.

• Recognition and Strengthening of Borstal School.

V. Monitoring and Evaluation.

• planning and Computerization of MIS System (DSJ).

• Hands on Training to handle MIS.

• MIS operating.

• TOR prepared an Independent evaluation of the pilot.

PROBATION FORTNIGHT CELEBRATIONS ANDJUSTICE V. R. KRISHNA IYER MEMORIAL LECTURE.

(Capacity Development Programme for Probation Support Team).

The birth anniversary of V.R. Krishna Iyer, the first Law Minister of the State, is being observed by the Social Justice Department as ‘Probation Day’ or social defence day. The late jurist played a pioneering role in initiating prison reforms. His landmark judgment in the Sunil Batra vs. Delhi Administration case upheld the fundamental rights of prisoners. The aim is to create awareness of the probation system and of social defence (that is protection of society against crime) among the stakeholders, make the public aware of social defence mechanisms and of government programmes.Awareness of social defence and probation systems will be created among students of law colleges and social work colleges; also it’s widespread application through Community Level Approach.

The prison statistics released by the National Crime Records Bureau for 2019 on Monday revealed that 21 percent of convicts and 39 per cent of undertrial prisoners in Kerala jails were below 30 years of age. While jails in the state remain crowded, among a total of 3,131 convicts as of last December, 658 persons were in the 18-30 age- group. And of the 4,330 undertrial prisoners, the corresponding figure is 1,683, shows the NCRB data.

Former director of National Judicial Academy G Mohan Gopal said increased usage of the Probation of Offenders Act, 1958, is the need of the hour. The Act stipulates that if a court finds a person guilty of an offence not punishable with death or life imprisonment, it may instead release him or her on probation of good conduct. “But in Kerala, in 2018, just 88 were released on probation out of 588 offenders on whom preliminary enquiry reports were submitted to courts.,

Now, in Kerala; comprising 14 districts Probation Officers, Social Justice Department, Probation Support Team, academicians, police- excise officials and medical professionals promote Services to make interventions and contributions in various aspects of our Mission of the current projects including NERVAZHI and JEEVANAM. Former Director of National Judicial Academy G. Mohan Gopal Sir also expressed his kind regards for the dedication, contributions and sincere commitment of all the members, officials and NGOs those who work behind such a great project. Regarding the same several sessions, workshops were Organized and conducted in association with Probation Department, social justice department, Probation Support Team, District Legal Service Authority and with the support of Law and social work academicians and students, and medical professionals; to further contribute to the field of Psycho-social interventions effectively. He expressed his great Vision of Deliverance of Justice in just, fair and reasonable manner and the significance of the same in proper criminal justice administration and in the successful Implementation of Probation of offenders act, with mission “Less Crime, More Peace”.

Probation Fortnight Celebrations & Justice V. R. Krishna Iyer Memorial Lecture Organized by District Probation Office (DPO) Pathanamthitta and District Legal Service Authority, pathanamthitta; in association with Law And Justice Research Foundation State Chapter; Thiruvananthapuram.

In the Lecture Delivered by Prof. G. Mohan Gopal Conveyed about Justice V. R. Krishna Iyer Jurisprudence – “KARUNA JURISPRUDENCE”; and it is the foundation of Probation and related judgements. He also said that Crime should not be cured or challenged through rigorous or aggressive- reactive punishments. It only pave way for increasing number of criminals in our society. We should focus on the concept of ” Less Crime, More peace”. Aggressive punishments Create certain psycho-social imbalances of such accused persons and it also affects their family. So we should not support such punishment systems in such cases, where we can provide Natural and Restorative Justice in accordance with constitutional provisions, human rights and as a social being. We should support Systems which cure such disorders, criminal behaviours and other addictive disorders and after effects of these accused persons, Juveniles and young offenders etc; through certain community level psycho-social interventions & providing awareness on the same. State actions should promote proper governance and ensure basic rights entitled are properly reached to the beneficiaries. Probation of offenders act, 1958; is an act which upholds independent India’s constitutional ideas, morals and values. As a citizen of India, we must ensure its Implementation for promoting fair and just criminal justice administration.

NERVAZHI – Probation Services by Sri. Abeen A.O, (District Probation Officer, Pathanamthitta)

The session conveyed about the Nervazhi project and Jeevanam;

Further discussions on,

• Problems & Deficiencies in Probation Services.

•Scope and need

• Model Prisons Manual 2003; in which courts for young offenders, pre- sentence investigation reports were discussed.

• Awareness regarding United Nations Standard Minimum Rules for Non Custodial Measures ( The Tokyo Rules, 1988).

NERVAZHI :-

(Non – Institutional Treatment for, and Rehabilitation of Offenders in Kerala) by Sri. P. Vijayan. IPS.

(Inspector General Of Police, Kerala Police Headquarters, Thiruvananthapuram).

In this session he started by conveying about, The Fundamental Principles for the raise of Probation and Plea Bargaining system, that is – ” Law is not a panacea; and it can’t solve all the problems; It can reduce the severity”. Further shared his experience with criminals on Probation days; and promoted awareness regarding its various psycho-social aspects and interventions among them.

INAUGURAL SPEECH by Shri. S. Sreejith IPS ( Inspector General Of Police, Crime Branch) – Probation of Offenders Act, Challenges and Opportunities.

NERVAZHI – Roles Of Volunteers & NGO’s in Probation Services; by Prof. Vijay Raghavan ( Tata Institute of Social Science, Prayas Project Director).

( Important points discussed )

•Helping the person ( offenders) with vocational training and to set up small businesses of their own, to get a job etc;

•To reduce the crimes due to substance abuse ( freedom from addiction – drugs and alcohol); psycho-social disorders due to such addictions; behavioural disorders; proper rehabilitation and Restoration and the role of NGOs and volunteers as essential.

NERVAZHI – Non – Institutional Treatment and Rehabilitation of Offenders in Kerala.

Social Work Methods Practices in Non – Institutional Correctional Settings; by DR. Beulah Emmanuel.

This session conveyed about the significance of social work and the help we should provide to those who are in need of those who are from downtrodden sections of society; and how it is beneficial to the development of individual and society; Overall about Social work Methods, principles, Practices and processes etc; focused mainly on the methods applicable to the people whom we are going to help; on Institutional Correctional Settings; which means Probation settings; including Case work, counselling, other interventions etc. When everyone see a person as a fruitless person; as a social worker, volunteer, we should see life in that person. Through Community settings, it can be done successfully. When some groups are get neglected by the society; as a social human being and as a good citizen of India, we should give support, care, counselling and rehabilitation of those groups to develop a supportive scenario to uplift them; in accordance with their background, educational status, other supportive elements, behavioural development and other details about certain psycho-social actions.

NERVAZHI – Non – Institutional Treatment and Rehabilitation of Offenders in Kerala.

By Dr. Anil Kumar T V.

Discussed about :-

*JJboard Cases;

*Hyper activity, conduct problems, pocso;

*Temperament pathways to childhood Disruptive Behavior & Substance abuse; including trainings, counsellings conducted at schools by teachers & medical professionals;

* Behavioural management, parenting;

* Percentage of children in care homes and percentage of jail inmates suffering Mental Health Problems;

* Nature and types of child sexual abuse with regard to temperament, perception etc;

* Trauma – and stressor – related disorders;

* Behavioural Modification in Correctional Services;

* Mild – Mental retardation ( those are highly Vulnerable).

NERVAZHI – The Probation of offenders act, 1985; An Overview, by Former prof. Dr. Suhurth Kumar ( Govt. Law College, Thiruvananthapuram; Member of Kerala State Legal Services Authority).

This session focused mainly on points regarding Human Rights & Probation; ( Universal Declaration of Human Rights 1948 – Articles 3,5,11 & 13). About Theoretical Backing; which is the foundation of a law; and here it is Reformative theory and Expiatory theory. Then further dealt with Probation and justice ( criminal – penal jurisprudence x Socio – cultural Jurisprudence); Probation decision and logic; several provisions of Criminal procedure code related to Probation; Duties of Probation Officer; Meaning and definition of “Probation & discretion of judiciary” and it’s relevance, merits and demerits etc.

NERVAZHI – The Kerala Probation of offenders Rules, 1960 by Sri. V. J. Binoy ( Former District Probation Officer, Kottayam).

Here conveyed about various Services rendered by Social Justice Department, Probation department; History and Schemes of the system; Grant in aid under Probation Services; Method of appointment, recruitment details of district probation officer; Department Training ( to serve the Probation Department not less than 3 years); Services by Probation Officers (observation and suggestions); supervision; Probation Home; Progress in the activities and importance of ensuring the quality of report given by Probation Officers, Systematic approach and other details essential to submit before the court.

De – addiction Services; referral Services also pointed out.

Monitoring Probation Services through state advisory Committees; ( reconstitution of the same in progress).

New opportunities and development of activities in each district; supervised by advisory Committees.

Supervisory structure of Services by Probation Department; ( Scope and challenges, proper monitoring); information regarding Judicial and executive Probationers , rehabilitation, life skills training, psycho-social support and other assistance & schemes etc also highlighted.

(Explanation of the topics discussed in each sessions of Capacity Development Programme aforementioned are given below in the reference part).

Recent developments and action plans under processing stage :
Focus on Judicial Reference and review of probation of offenders act; reconstitution of probation advisory committee from collector as chairman to persons from a judicial background/ Judge to support and to promote fair & reasonable amendments and implementation of aforementioned purpose, also ensuring protection of Human Rights Values & Constitutional Provisions which are fundamental to every citizens of India.
Main focus on implementation of probation policies and proper action plans, based on its objectives and purposes of the probation of offenders act and rules; how we can distribute it according to the factors & circumstances which already provided in the act to the beneficiaries and thereby ensuring proper, fair & reasonable Criminal Justice Administration. Research focusing on how it can be implemented by preserving fundamental natural justice & restorative principle and eradicating the system of creating victims of criminal tendency behavior by putting them into the jail; which also narrows their future perceptions, thereby leads to psychological syndromes, also affects their family too.
• Instructions for the implementation of duties and responsibilities of Jail Department:- in relation to probation services following the protocol accepted by the Government of Kerala.
Pre Trial Stage.
1. Offenders who are between the age groups 18-21 years old, under remand, in order to decrease the criminal tendency behaviour in them, they are instructed to be provided with Psycho – Social interventions; For that, all details of such offenders are to be provided by jail department to the concerned district probation offices.
2. In accordance with protocol accepted, it is to be instructed to the jail superintendents to facilitate essential assistance to probation officers or those other persons who are appointed subordinate to probation officers for delivering probation services.
3. It is to be instructed to the Jail Superintendent and Welfare Officer to ensure and promote essential procedures or steps to organise certain awareness classes regarding probation services, IEC campaigns to jail inmates; in association with concerned District Probation Offices.
Post Release Service.
1. It is to be instructed (with respect to the protocol related to implementation of probation services consented by government of kerala) to the jail superintendent/welfare officers to take sufficient steps to provide and ensure probation services in collaboration with concerned district probation offices to those who are eligible as beneficiaries under the act, include those who are habitual offenders or possessing criminal tendency; those who are deprived of any rehabilitation facilities; or those who are in need of psycho- social support & free legal aid services.
2. It is to be instructed to take necessary steps by Welfare Officers (jail department) in collaboration with concerned district probation offices to provide and arrange such measures or activities for psycho- social / de-addiction assistance or services after evaluating the nature or depth of offences committed by offenders; the possibility of recidivism etc; and also if the consent of the offender for the aforementioned need of services are expressly given by him.

RESTORATIVE JUSTICE IN PROBATION SERVICE.

Restorative Justice is a new movement in the field of Victimology and Criminology. They become Central to the criminal justice process; involving all parties- often in face- to- face meetings is a powerful way of addressing not only the material and physical injuries caused by crime, but the social, psychological and relational injuries as well. It emphasizes repairing the harm caused by criminal behaviour. This can lead to transformation of people, relationships and communities; It also focused to reduce future harm through Crime prevention. It seeks redress for victims by way of recompense by offenders and reintegration of both within the community. The Restorative Justice can be often treated as an extension of Probation Service. Government and Community play significant role here; So, the system requires a cooperative effort by communities and the government.

Applications of Restorative Practice in Prisons : –

• Victim – Offender conferencing.

(Justice is attained only when the victim and the offenders are reintegrated with the community).

• Family Conferencing.

• Pre and Post sentence work.

• Conflict resolution between offenders.

• Working with prisoners and their Victims in a way that promotes healing and encourages reconciliation, holding prisoners directly accountable to the people whom they have violated, and make amends for the damage they have caused.

The Protection, care and nurturance of Prisoners children is a primary concern of Prisoners and their families; when parents go to prison; most children go or continue to live with relatives. Accordingly, Prisoners and their families experience a tremendous sense of loss when incarceration occurs and that loss is compounded when children are involved. The concept of social defence leads to a true judicial humanism; such that punishment must be regulated safely by consideration of social defence. Prisons are no longer places for detention of criminals only, but have acquired a new dimension as therapeutic centres to reform the personality and behaviour pattern of Prisoners. It has been realized that the protection of society is better ensured if the offender is corrected and reformed through individualized treatments; which is the main Mission we are implemented and Continuing through all our Services and Projects aforementioned; done comprising all districts of Kerala State. There is a famous quote that :-

“If you are going to punish a man retributively,

you must injure him.

If you are going to reform him,

you must improve him.

And men are not improved by injuries”.

:- George Bernard Shaw.

*********

CASE LAWS AND OTHER REFERENCE MATERIALS.

1. Musadhan vs. State of Maharashtra,

( AIR 1976 SC 2566).

2. Rattan Lal vs. State of Punjab, ( Supreme Court Of India), 1965, AIR 444, 1964 SCR (7) 676.

3. R. Mahalingam vs. G. Padmavathi and another ( Supreme Court Of India), 1978 LW ( Crl) 182.