National Crime Records Bureau statistics show that Central and district jails are overcrowded; 66.2 per cent of inmates are undertrial prisoners. It shows that if there are legal remedies for 66.2 per cent of the prison population, all jails in the country would slowly become safe for inmates, in terms of security, treatment of offenders, reformation of convicts, etc (‘Sunday Anchor’ page – “ >Prison break ,” March 22).
Many young and first-time offenders, mainly from deprived communities, languish and are unable to benefit from custodial methods of treatment as there is no one to inform them of their legitimate rights. In many cases, they become hardened criminals by the time they exit prison and in spite of being subject to institutional correctional methods.
Probation is a universally accepted and widely practised, non-institutional, correctional method of treatment of offenders. Section 5 of the Probation of Offenders Act, 1958, ensures better justice for victims too and gives a more humane dimension to India’s criminal justice system. In India, the probation system has been sidelined and its potential unused. Kerala has taken up this issue and started a project called “Nervazhi” which means the straight path. It aims to rejuvenate and modernise the probation system in Kerala. Independent research shows that probation is effective and considerably cheaper than imprisonment if wisely and effectively administered. While the cost works out to be Rs.200 a person a day for incarceration, probation costs only Rs.20 a day. There is also evidence that almost 90 per cent of those released on probation have been successfully mainstreamed, as productive and dignified beings.
Sameer Machingal,
Nilambur, Kerala