Esay on “Some Useful Suggestions for Making the Probation System More Effective.”
Be that as it may, it has generally been agreed that probation serves as a potential measure of social defence for reformation of offenders. It has now been accepted as the most significant contribution to the new penological practices which is expected to endure, while other methods of treatment may undergo changes beyond recognition. Probation, together with the juvenile court system, has brought to the forefront, the personal needs and social problems behind the concepts of crime and punishment.
It has helped in creation of new attitudes towards offenders and extended the function of criminal justice administration beyond traditional sentencing. However, with a view to making the system more effective and efficient, the following suggestions may serve a useful purpose:—
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(1) Probation must be based on thorough investigation into the case-history of the offender and the circumstances associated with his crime. While treating the probationer, his physical traits and psychological conditions must be thoroughly considered. It must be remembered that individualised” method of treatment essentially implies differed treatment of offenders according to their individual needs and personality. This is an important factor in the process of probation.
(2) Prediction Tables should be compiled and used for planning probation strategies. Such tables may help in anticipating the probable result of correctional treatment on different offenders. Prediction Tables are being extensively used in the treatment of probationers in United States and they have proved immensely helpful in estimation of offender’s personality for individualised treatment.
(3) The merger of juvenile courts with those of family courts seems to be an expedient policy because both of them perform functions which are quasi-parental in nature.
(4) The success or failure of probation in case of juvenile delinquent largely depends on his home conditions and family surroundings. Experience has shown that juveniles from broken homes show scant regard for rehabilitative processes while those having good family background respond favourably to the correctional methods of treatment under probation.
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(5) The provision contained in section 5 of the probationer of Offenders Act which provides for compensation by the probationer to the victim of his crime is kept in suspended animation. The Court should make extensive use of this provision in view of the emerging trends in victimology and it should be made obligatory for the court to record special reasons for not passing order for victim’s compensation.
(6) Excessive control and supervision on delinquent tends to make him hostile towards the probation personnel and he may adopt an attitude of indifference and non-co-operation towards them. Obviously, no one likes to be kept under constant surveillance. Conversely, slackness in supervision may also lead to equally fatal consequences which might retard the progress of delinquent under probation.
Therefore, a sturdy policy of mutual trust and non-interference with natural processes of growth of the probationer appears to be the best policy so far treatment of offenders under probation programme is concerned.
This will enable the probationer to develop the qualities of self-help, self-respect and self-confidence in him. Supporting this contention, Donald Taft rightly suggests that probation should utilise a balance of watchful control and constructive aid adapted to the individual needs of the offender.
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(7) Recidivists have often proved a failure in the process of probation. It has therefore, been generally accepted that probation should only be confined to the cases of juveniles, first offenders and women offenders. Women delinquents have shown better propensity for rehabilitation and adjustment as compared with their male counter-parts. It is equally desirable to draw a distinction between a casual or incidental offender and a professional criminal for this purpose. Probation is best suited in the case of the former while ill-suited for the latter.
(8) It is generally argued that the system of probation involves discriminatory processes and therefore, violates the constitutional provisions contained in Articles 15 and 21 of the Constitution of India. To obviate this charge, it is suggested that a minimum and maximum limit of sentence may be prescribed under the law and release of delinquent on probation should be in between these two extreme limits depending on his corrigibility and response to correctional treatment.
(9) Though probation as a punitive reaction to crime is extensively being used in India, yet there is an urgent need to extend the system to rural courts where there is general lack of social agencies to undertake the task of rehabilitation of offenders. There are reasons to believe that rural delinquents shall be more responsive to this correctional method of treatment than the urban offenders because of their relatively simple life-style.
(10) The quality of probation service must be improved by making the service conditions of the probation staff more lucrative. This will attract well-qualified and competent persons to the profession. The probation personnel ought to be specially trained so that they can discharge their duty as probation officer competently.
(11) A nation-wide uniform scheme of training for probation personnel with emphasis on social-work and rehabilitative techniques would serve a useful purpose to improve the efficacy of probation service in India. The probation officers should possess legal qualifications so that they are well conversant with technicalities of law and procedure involved in the process of release of offenders on probation. Since the probation work is quasi-judicial in nature, the incumbents to probation service must be duly qualified in legal and social welfare work.
(12) At present, the work of probation is assigned to different departments in various States. In some States probation service is placed under the Social Welfare Department while in others it functions under the Panchayat Department or the Home Department. It is advisable to have an independent Department of Correctional Services on the pattern of the State of Gujarat at the national level to exclusively deal with rehabilitation of offenders, of which probation is one of the techniques.
(13) It would be useful to organise probation on national level under State tutelage. International conferences and seminars on probation and its related aspects may help in popularising this reformative method of treating the delinquents. The co-operation of different social agencies such as the schools, the family, the religious institutions and other voluntary organisations including Scout-Guides, Girl-Guides, Salvation Army, Welfare Boards, Mahila Ashrams, and Nari-Niketans etc. should be solicited so that rehabilitation of offenders may be possible within the society itself.