Internship Report On Juvenile Justice Act and Probation of Oenders Act
Submitted by: Joy Parimala B.A B!"#$ Amity a% School$ &umbai '(mail: )oy*parimala+yahoo.com Internship period: ,-th June -,/ ( ,,th July -,/
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3ontents
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Ac5no%led4ement
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PRA6AS( A brief overvie%
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A Brief history of Probation and Borstal Schools
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Rules of Probation of Oenders Act$ ,9;
Ob)ectives
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Assi4nment e
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earnin4 Outcomes
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3onclusion
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I would like to extend my sincere thanks to PRAYAS, A field action project of the Tata Institute of Social Sciences(TISS, for !i"in! me the opportunity to intern in their or!anisation under Reha#ilitation of $ffenders in %riminal &ustice for a period of ' days commencin! from ) th &une *)+ to ))th &uly *)+ I would take this opportunity to thank Prof -ijay Ra!ha"an, the %hairperson of PRAYAS, who ha"e !uided me throu!hout this journey and supported me in all my endea"ours Also, I extend my !ratitude to our super"isor .r -ijay &ohare / .r -ijay .ore, who has #een an encoura!in! mentor and a primary source of !uidance throu!hout the internship period
Joy Parimala B.A LLB (H), Amity Law School, Mumbai E-mail: joy_arimala!yahoo.com Pho"#: $%& %'%*+'%
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PRA6AS A Brief Revie% 0sta#lished1 )22 23) 455 %hawls, 6orli, .um#ai Prayas is a field action project of the %entre for %riminolo!y and &ustice, Tata Institute of Social Sciences workin! in the criminal justice system towards the protection of le!al ri!hts and reha#ilitation of "ulnera#le !roups
Ob)ectives: 7 5emonstrate the need for social work inter"ention in the criminal justice system "i8 at police stations, prisons, criminal courts,etc 7 6orks towards the reha#ilitation of persons comin! out of or "ulnera#le to crime or prostitution 7 Pro"ides support to families of persons in crime3prostitution, especially children to counter ne!ati"e influences and pre"ent criminali8ation 7 Increase awareness in !o"ernment and society a#out issues related to the reha#ilitation of persons affected #y crime or prostitution towards law and policy chan!e 7 9enerate knowled!e in the field of social work, criminolo!y and corrections throu!h the analysis of field experiences
Pro4rammes and Intervention: 7 Prison: 6ork with women and youn! males (): to *' years throu!h offerin! a ran!e of ser"ices such as le!al literacy, support to families, especially children, counsellin!, "ocational acti"ities, etc 7 Criminal court: ;e!al !uidance and referral ser"ices to persons approachin! the courts < complainants, accused or their families 7 Contact-cum-Rehabilitation Unit: Pro"idin! a ran!e of ser"ices for youth and or their families approachin! Prayas after their release from prison3custodial
institution or referred #y clients, ex
R%, =%6, S>R% and S%6 to create a climate conduci"e to reha#ilitation of "ulnera#le !roups in criminal justice In"ol"ement in PI;s #oth at the Supreme %ourt and the .um#ai >i!h %ourt on issues related to prison conditions, traffickin!, children of prisoners, reha#ilitation of "ictims of commercial sexual exploitation, etc
A Brief history of Probation and Borstal Schools
Mahatma Gandhi once said, !ate the crime not the criminal" This means
that we need to eliminate crime and eliminatin! criminals is not the way to do it 6hile it is true that punishment !i"es a sense of satisfaction to the "ictims and to the society in !eneral, it has #een o#ser"ed 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 !ets #ack to his old ways of #ein! in conflict with the law This is true e"en more with youn! criminals, whose minds are not fully mature They !et influenced in the wron! way #ecause of their interaction with hardened criminals in jails $ne way to counter this pro#lem is to pro"ide opportunities and !uidance to youn! and first time offenders instead of committin! them to jails The idea #ehind such treatment is that, normally, human #ein!s 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 !i"en an opportunity to !et reformed instead of turnin! into hardened criminals This is the aim #ehind Pro#ation of $ffender?s Act, )2@: It allows the court to take into account the nature of the crime, the a!e of the offender, and the circumstances of the crime, and instead of committin! the offender to jail, release him under super"ision and !uidance of a pro#ation officer This ensures that the offender is inte!rated #ack into the society The act is #ased on the reformatory approach, which is adopted in many countries of the world or example, in BSA, almost +C of the offenders are released on pro#ation The o#ject of pro#ation has #een laid down in the jud!ment of #ustice !or$ill in In re %" &itus < S @+* is intended to #e used to pre"ent youn! persons from #ein! committed to jail, where they may associate with hardened criminals, who may lead them further alon! the path of crime, and to help e"en men of mature years who for the first time may ha"e committed crimes throu!h i!norance or inad"ertence or the #ad influence of others and who, #ut for such lapses, mi!ht #e expected to make !ood citi8ens It must, howe"er, #e kept in mind that reformation does not always work Some crimes are so a#horrent and some criminals are so unrepentant that it is #est
to punish them so that the price of committin! the crime keeps them from committin! it a!ain or some of them, there is no hope for reform, and it is #est to protect the society from them #y lockin! them away for life
he Borstal Schools Act The 4orstal Schools Act owes its ori!ins to 0n!land < a mo"ement towards reform and reha#ilitation of youthful offenders #y separatin! them from adult prisoners and startin! reformatory schools for youn! offenders with an emphasis on education, "ocational trainin! and reform, rather than on punishment and sentencin! The Act was passed in India in )2*2 as opposed to the Pro#ation of $ffenders? Act, which was passed in )2@: .ost States in the country esta#lished 4orstal Schools to treat youthful offenders differently from adult and hardened offenders .aharashtra esta#lished its first 4orstal School in Dolhapur and this was later shifted to =asik, where it presently exists It has a capacity of around *@ youthful offenders and the superintendent of the institution is called the principal The School pro"ides for a ran!e of "ocational trainin! facilities and ITI appro"ed certificate courses in carpentry, workmanship, and a host of other "ocations The Pro#ation of $ffenders Act and the 4orstal Schools Act are amon! the earliest le!islations passed in India which ha"e a clearly correctional perspecti"e These acts were passed with the o#jecti"e of focusin! on youthful offenders to ?reclaim? this section of society from the world of crime and ne!ati"e influences and reowe"er, the true o#jecti"e of pro#ation is the Scientific application of criminolo!ical and punishment theories to certain cate!ories of offenders < those who can #e corrected and ?reclaimed? without #ein! imprisoned It is #ased on the premise mat e"ery offender does not need to #e sentenced to imprisonment and can #e impro"ed throu!h a community #ased super"ised
Rules of Probation of Oenders Act$ ,9;: A 3ritiCue Pro#ation is a process of treatment Pro#ation treatment is not a sin!le act or e"ent It is a process a series of actions and re
As per Section )2, in the states where Pro#ation of $ffenders Act is enacted, Section '+ of %rP% shall cease to apply Thus, it is clear that Section E of Pro#ation of $ffenders Act has o"erridin! effect Section '+ of %rP% < $rder to release on pro#ation of !ood conduct or after admonition 1<<()6hen any person not under twenty
if it appears to the %ourt #efore which he is con"icted, re!ard #ein! had to the a!e, %haracter or antecedents of the offender, and to the circumstances in which the offence was committed, that it is expedient that the offender should #e released on pro#ation of !ood conduct, the %ourt may, instead of sentencin! him at once to any punishment, direct that he #e released on his enterin! into a #ond, with or without sureties, to appear and recei"e sentence when called upon durin! such period (not exceedin! three years as the %ourt may direct, and in the meantime to keep the peace and #e of !ood #eha"ior
OBJ'3ID'S AS A0 I0'R0 ) * ' E @ +
%omprehendin! the operations of an =9$ Identify the Role of PRAYAS in the protection of ju"enile ri!hts Studyin! laws esta#lished for protection of ju"enile ri!hts and Pro#ation of $ffenders Bnderstand the action taken at the time of "iolation of these Ri!hts Bnderstandin! the role and function of the Pro#ation di"ision in the workin! of PRAYAS ;earnin! the process in which complaints are mana!ed
Assi4nment '
I acti"ely participated in Socio ;e!al %onference that was or!anised at Tata Institute of Social Sciences (TISS, .um#ai I !ot exposure a#out the workin! mechanism of =9$s that are acti"ely participatin! in pro"idin! free le!al aid and reha#ilitation to Prison %hildren *" +isited Prisoners !ome:
I "isited the children home to take re"iew of the case and a#out the true facts of the case and help them to afford free lawyer for the case re"iew " Summarised the cases and reading the .Rs
I learnt how to file IR and its pre
Indexin! of case files holds a lot of importance in a case at the time of hearin! as these files is to #e presented #efore the jud!e and the opposition party I did Indexin! of annexure of two cases from %i"il Sessions %ourt, %hurch!ate
'AR0I0@ OE3O&'S This assi!nment presented me an opportunity to work for a non
3O03ESIO0 The majority of the prisoners are char!ed under Indian Penal %ode, Railways Act, 4om#ay Police Act and %riminal Procedure %ode offences A su#stanti"e num#er of prisoners are local residents of .um#ai They are youn! and #elow *) years of a!e In this situation the section ', E and + of the P$ Act, )2@: allows the prisoner to a"ail the #enefit of pro#ation instead of lan!uishin! in prison in minor offences If con"icted, these under trials could #e considered for release on pro#ation and this would help reduce o"ercrowdin! in prisons It would also ensure that first time and youthful offenders who !et the #enefit of pro#ation will !et an opportunity to re