You are on page 1of 40

CHAPTER - VII

PROBATION OFFICER IN THE MANAGEMENT OF PROBATION

The probation officer is the key person in the process of the


management of the probation. He comes into direct contact with the
probationer. He is responsible for enforcing the conditions of the probation
order passed by the court.

The probation officer has a wide range of responsibilities. However, he


performs two important primary functions. They are pre-sentence
investigation and supervision of the offender. The pre-sentence
investigation is known as pre-sentence report or pre-enquiry report when it is
reduced to writing. This report is an important document in the process of
probation. It provides the sentencing judge with an evaluative information of
the offender. (This includes offender’s motive, prior crime histopy,
residential details, educational qualifications, marital history, family data,
employment and personal information.

The work of supervision is set into action after the offender is released
on probation by the court. It is important to know what supervision is. as tt is
an important aspect of probation. Supervision is a process in which the proba­
tion officer assists the probationers to overcome personal, social,economic
and psychological problems responsible for the offences committed by the
offender. The overcoming of these problems is necessary to reintroduce and
rehabilitate the offender into the society as a new human being.

Thus, it becomes necessary to reiterate that successful supervision by


the probation officer is very essential for the success of the probation system.
The effectiveness depends on the quality of the probation staff who are in
direct contact with the probationers. Therefore it may be said that the quality
of the probation staff is directly related to the quality of the administration.
The quality of the administration in turn depends on the organistional
resources, motivation, education, training, work load, specific nature of work,
facilities, freedom, evaluative methods and human commitment These
resources facilitate the staff to perform their role better.

With this background, it becomes essential to understand the various


facets of the probation officer and we may try to evaluate the probation
system from the point of view of the probation officer on the basis of the
information furnished by the probation officers in the sample under study

I. Age Group

It may be observed from the data presented in Table 7.1 that more
number of respondents belong to the (middle) age group of 30-40 years This
may be considered a good sign because they are at an age at which they are
physically active and are intectually mature. They have the required

experience to handle offenders in an appropriate manner.

Table 7.1 Age Distribution of Probation Officers

Age Group F P

Below 30 . -

30-40 13 65.0
41-50 06 30.0

51 and above 01 05.0

Total : 20 100.0

Table 7.1 shows that a majority of the respondents with 65 per cent are

in the 30-40 age group, while 30 percent are in 41-50. Only 5 per cent are in

the 51 years above age group.


II. Educational Level

a. Academic Qualifications and Training

It becomes clear from data presented in Table 7.2 that 75 per cent of

the respondents are graduates, 15 per cent of are post graduates, while only

10 per cent are matriculates. The details are shown in the Table 7.2

Table 7.2 :Educational Level of Probation Officers

Degree F P

Matriculation 2 10.0

Graduation 15 75.0
Post graduation 3 15.0

Total: 20 100.0
189

Table 7.2a : Optional Subjects offered by Probation Officers at


Graduation and Post Graduation Level

Graduation Post Graduation

B.A. B.Sc. B.Com M.A. M.Sc. M.Com

Nos Sub. No. Sub. No. Sub No. Sub, No. Sub. No Sub

03 Sociology 02 Physics 03 Accountancy 01 Sociology - — 01 Commerce

Psycology Chemistry Commerce etc 01 Pol. Science -

Pol.Science Maths

03 Criminology 02 Chemistry

Anthropology Anthropology

Political Sci. Zoology

02 History

English

Political Sci.

Though the educational level of the probation officers is satisfactory,

there is a lot of variations in the optional subjects offered at the degree and
post graduate levels as shown in table 7.2a. It is evident therefore that the
organisation which recruits the probation officers does not specify any

specific academic requirement.


The selection of optional subject by the probation officers is stressed
here because probation is a specialised type of work. Hence, the subject
studied should evolve a special type of knowledge among probation officers

which can help them in understanding human nature. Thus it is imperative

that the probation officer has to be familiar with the social and behavioral

sciences. It may be noted that academic specialisation in certain optional

subjects such as criminology, sociology, social work, Psychology, law and


correctional administration is essential. They are to be included as a basic

academic specialisation for probation officers at the degree and post graduate

degree levels. The knowledge derived from these subjects can equip the

probation officer to handle better the situation assigned to him.

The time of entry into the service differs from state to state in India In
Tamil Nadu the minimum qualifications for the post of probation officer is

B.A/B.Sc. with degree or diploma in sociology or psychology. In the state of

Uttar Pradesh the prescribed qualifications is M.A. in psychology, sociology

or social work. In the state of Goa, M.A. in criminology/social work

sociology of a recognised university. In Jammu and Kashmir also M A. in


sociology/social work or a graduate degree with diploma in social science is

prescribed. In Maharashtra graduation in any subject is a basic qualification

In Karnataka graduation in sociology, criminology, psychology and social work

subjects are preferred at the time of appointing the probation officer


At this stage it may be noted that the special Task Force on correctional
standards in America has prepared the standard qualifications necessary for a
probation officer. These are:
i. Possession of a bachelor’s degree from an accredited college, with a major
in social or behavioral sciences. This should be accompanied by one year
graduate study in an accredited school of social work or comparable study in
correction, criminology, psychology, sociology or one year of paid full-time
case work experience under professional supervision in a recognised social
agency.
ii. Two years experience as paid full-time case worker under professional
supervision in a recognised social agency.
iii. Possession of a master’s degree from an accredited school of social work
or comparable study in correction, criminology, psychology, sociology or a
related field of social science is preferred.

III. Length of Service

Table 7.3 : Length of Service

Years F P

Less 12 years 13 65.0


Less 18 years 02 10.0
More 18 years 05 25.0

Total: 20 100.0
It is evident from Table 7.3 that 65 per cent of he probation officers
have less than 12 years of experience, while 25 per cent of the probation

officers have more than 18 years of experience, only 10 percent of them have

experience between 12 to 18 years.

IV. Training

According to the information furnished by the respondents we come to

know that the probation officers are given training only after joining service

The duration of training ranges from one to two weeks. There is no

pre-service training given to the probation officers in Karnataka. Therefore

the state trains the probation officers in certain areas such as the preparation
of reports, in understanding the offender, supervision work etc. This is done

in order to equip the officer with the knowledge which will assist him to

discharge his duties efficiently. However, this is provided only after he joins

service and not before. As stated before the optional subjects such as

criminology, sociology etc. Will facilitate the probation officer to fare better

during his training.


173

Table 7.4: Training of Probation Officers

Response F P

Yes 20 100.0

No - -

Total: 20 100.0

Table 7.5 : Usefulness of Training

F P

Useful 19 95.0

Not useful 1 5.0

Total: 20 100.0

It is clear from the Table 7.4 that all (100 per cent) the
respondents have received training when they were in service As per
Table 7.5 95 per cent of the respondents are of the opinion that the training is
useful and helps them in their service. It helps them in areas like under
standing the probationer, in the preparation of pre-sentence report, and in
the supervision of the probationer. The respondents have shown an
inclination in pre-service training.

Table 7.6 Level of Education and Usefulness of Training

Usefulness of Training Below Degree Degree Total

Useful 02 17 19
Not useful - 01 0 1

Total: 02 18 20

It is evident from Table 7.6 that there is direct coordination/correlation


between level of education and usefulness of training.
Table 7.7: Length of Service and Training

Length of Service
Training Total
Less than 12 Less than 18 More than 18

Useful 13 01 05 19
Not useful - 01 01

Total: 13 02 05 20

It is clear from Table 7.7 that the training is more useful to more
respondents who are having service less than 12 years.

There is no provision for pre-service training in probation of offender


Act, 1958 in India.

It may be noted that the National Association of Probation officers of


England in 1958 recommended a one year pre-service training programme
The period of training is divided as follows:
1. 2 months - orientation with the probation officer.
2. 3 months - for theoretical training through lectures.
3. The remaining 7 months is devoted for case work training with the
probation officer.1

It is noticed that in India the probation of offenders rules have not


provided for mandatory provision for in-service training. The state probation
departments and educational institutions under the joint auspices of National
Institute of Social Defense have organised workshops, seminar for in-service
probation officers. Some seminars, workshops also organised by the regional
Institute of Correctional Administration (RICA).

The duration of such training is too short and is very rarely conducted
Therefore looking to the nature of work and importance of the training in
such work the state government must provide under their probation rules for
regular pre and in-service training for the probation officers.
Probation Officer and the Court :
Table 7.8: Court Attendance by Probation Officer

Response Duration

Daily Weekly Fort- Monthly Court Total

nightly Desires

FPFPFPF PFPFP

Yes 5 25.0 3 15.0 3 15.0 9 45.0 20 100 0

No ............................................................................................. -

Total: - - 5 25.0 3 15.0 3 15.0 9 45.0 20 100 0

Table 7.8 indicate that 100 per cent of the probation officer attend
the court.Out of this 45 per cent of them attend the court when the court
desires, 25 per cent of them visit the court once in a week, and 15 per cent of
them visit once a fortnight, while 15 per cent visit only once a month, this
shows that there is no fixed duration for the visit of the probation officer T he
meeting between the probation officer and the magistrate is not regularly
arranged.

The probation officer is assigned the work of either preparing the


pre-sentence report after the conviction, or supervising of the offender after
the release on probation.
During the discussion with the magistrates, the researcher has come to
the conclusion that the sentencing judge often finds it inconvenient to call for
the report of the probation officer as the court is in hurry to take a decision
regarding the sentencing of the offender after the conviction. The court may
not have sufficient time to give the probation officer to prepare the
pre-sentence report. In view of this, the court may sometimes sentence the
offender without calling for the pre-sentence report from the probation
officer.

Table 7.9 : Time for Inquiry

Time F P

One Day - -

Week 17 85.0
Fort night 03 15.0

Total: 20 100.0

From the above table we may note that 85 percent of the respondents
have said that the time given by the court to prepare pre-sentence report is
only one week, while 15 percent of them have said that the time given is
fifteen days.
Table 7.10: Time Sufficient for Inquiry

Responses F P

Yes 14 70.0
No. 06 30.0

Total: 20 100.0

70 per cent of the respondents say that the time given for preparing the
report is sufficient and 30 per cent say that time is not sufficient to prepare
the pre-sentence report.

Since the pre-sentence report by the probation officer is a very


important document from the point of view of granting probation by the court,
it may be suggested that, the court can get the pre-sentence report from the
probation officer well in advance and keep it with the probation officer or the
court so that when it is required, the court can use the same for taking a
proper decision.
Guidelines to Pre-Sentence Report

The pre-sentence report is an important document as it will have a

significant influence on the sentencing outcome. The decision of the judge to

release a particular offender on probation depends more on the detailed social


enquiry/pre-sentence report. Therefore the probation officer must be provided

with clear cut guidelines for preparing the report.

It will be more clear if we look at the purposes of the presentness report

as explained by Howard Abadinsky (1977).

Purposes of Report

1. To help the court in making the appropriate deposition of the case by

providing precise information regarding the offender.

2. To help the court in determining the probation condition.

3. To help the court in determining the length of sentence


4. To serve as a basis for a plan of probation supervision and treatment

indicating the problem areas in the offender’s life.

5. To serve as a source of information for research in corrections and

criminal justice.

From the study it is understood that the court, when asks the probation
officer to submit the pre-sentence report regarding an offender, the court does
not give proper guidelines to the probation officer in the preparation of he
same.

Table 7.11: Guidelines Issued/Issuing of Guidelines

Response F P

Yes 5 25.0
No 15 75.0

Total: 20 100.0

Table 7.11 shows that 75 percent of the respondents have expressed


that the guidelines to prepare the pre-sentence report are not given by the
court. The remaining 25 percent of the respondents have given positive
answer. This positive answer may be due to the information provided in the
probation of offenders Act, 1958 under section 14 which provides for the
duties of probation officer. As this information is not clear, the probation
officer may fail to understand the detailed information that he has to include
in his report.

Therefore, in order to make the Report more effective the probation


officer must be provided with clear cut guidelines for preparing the
pre-sentence report. The guidelines so issued must cover aspects like- name,

address, prior crime record, family history, education, marital status,

employment history, associative history, habits, school career, economic


status, motive of crime and personal information etc.

In west Bengal, Rajasthan, Punjab, Orrissa, Maharastra, Delhi, Uttar

Pradesh, Goa and Tripura States in India their are provisions in their

probation of offender rules for preparing the pre-sentence report. But in

Karnataka, Kerala, Tamil Nadu and Madhya Pradesh there are no prescribed
forms.

In America there are two types of pre-sentence report forms. One is

known as the short Form and the other is called the Long form. The Long

Form is more Exhaustive and is also time consuming. The Short Form is

precise and is used only when there is an increasing pressure on probation

agencies for more pre-sentence reports.

The respondents when asked about the sanction of probation without

calling for the report from the probation officer, have given the following

response as shown in Table 7.12.


183

Grant of Probation without pre-sentence report.


Table 7.12 Grant of Probation Without Pre-sentence Report

Response F P

Approve 3 15.0

Don’t Approve 17 85.0

Total: 20 100.0

Table 7.12 shows that 85 percent of the respondents have said that it is

not correct to sanction the probation without calling for the pre-sentence

report. Other 15 percent have approved the probation without the report
This may be due to the lack of coordination between the judiciary and

probation staff.

Table 7.13: Grant of Probation Without Pre-Sentence Report and Age

Age Approve Dont Approve Total

Below 30 - - -

Between 30-40 01 12 13
Between 41-50 02 04 06
51 above - 01 01

Total: 03 17 20
It is clear from Table 7.13 that the majority of the respondents in
various age groups are not in favour of the grant of probation without the
pre-sentence report. In other words the respondents attach more importance
to pre-sentence report at the time of granting the probation by the judges

Table 7.14: Grant of Probation without Pre-sentence Report and


Length of Service

Length of Grant of Probation Without Pre-sentence


Service
Approve Don’t Approve Total

Less 12 Years 01 12 13
Less 18 Years - 2 02
More 18 Years 02 3 05

Total: 03 17 20

It is evident from Table 7,14 that majority of the respondents


irrespective of their experience don’t approve the grant of probation by the
judges without calling for the pre-sentence report.
Table 7.15 Grant of Probation without pre-sentence report
and level of Education

■ i
Level of Grant of Probation Without Pre-sentence
Education
Approve Don’t Approve Total
1
Below Degree 01 01 02
Degree 00 18 18

Total: 01 19 20

It is evident from Table 7.15 that majority of the respondents belong to


higher level of education do’nt approve the grant of probation by the judges
without calling for the pre-sentence report.

Supervision Work

The supervision of the probationer by the probation officer is another


important stage in the working of probation. This brings the probation officer
into very close contact with the probationer. It gives the probation officer the
scope to assist the probationer to overcome his personal, social, and
psychological problems and rehabilitate him in society as a normal individual.
Therefore the work supervision by the probation officer is an important

job and hence data on whether the probation officer himself felt whether the

work that he is doing is important and useful has been collected. This data is
presented in the table given below.

Table 7.16: Usefulness of supervision work as felt by probation Officers:

Useful F P

Useful 18 90.0

Not useful 2 10.0

Total : 20 100.0

Table 7.16 indicates that nearly 90 per cent of the respondents expressed

that the offenders are benefited by the visit and supervision of probation

officers. The remaining 10 per cent of the respondents felt that their

supervision work did not help the offenders.

However, due to more work load, lack of subsidiary staff, lack of

facilities, diversity in the work, etc., probation officers some times are unable
187

to concentrate on the frequency of visits or give the benefit of intensive

supervision.

The data on the problems faced by the probation officers during the
supervision, have been pointed out in the following table:

Table 7.17: Problems During Supervision

Problems F P

1. Lack of time 04 20.0


2. Lack of space 05 25.0

3. Indifferent attitude 04 20.0


of public
4. Others
a. Incorrect Address
b. Lack of Transport 07 35.0
c. Lack of staff
d. Police Torture

Total: 20 100.0

It is clear from the table 7.17 that among the problems, like lack of

conveyance and lack of staff are of serious nature.


In order to overcome the interference of the public and space the

probation officer has to seek help of the local people and also

non- Governmental organisations to make provisions for common space in


the village. The probation officer may have to take the probationer for a

discussion outside the village or to his farm in order to provide a friendly

atmosphere and for the purpose of open discussion with the probationer T his

may serve the purpose of overcoming any social stigma attached to the

probationer.

It is known fact that in the course of discharging their duties and to

elicit information the police may resort to torture of the probationer. Data on

whether this is resorted to or not is presented in the table below:

Table 7.18: Police Torture to Probationer

Response F P

Yes 11 55.0
No 9 45.0

Total: 20 100.0

Table 7.18 shows that 55 per cent of the probation officers say that

there is a police torture on the probationers, while 45 per cent of them feel
that it is not resorted to. Police torture at whatever level is not a good sign in
the management of probation. The very philosophy of correction is at stake if
the police resort to torture.

Thus in order to avoid torture of probationers the police should not


directly deal with the probationer, but they should deal with the probationer
only through the probation officer. The police officer should also be made to
involve in the process of probation work through training along with the
probation officer. Therefore the Government should take into account these
policy measures to make probation an effective alternative disposition

Just as the role of the probation officer is very important in the success
of probation work, the judiciary too plays an equally important role Hence
the involvement of the probation officer injudicial matters is of importance

Probation Officer as part of Judiciary

Table 7.19: Probation Officer as Part of Judiciary

Response F P

Yes 15 75.0
No 5 25.0
Total: 20 100.0
Table 7.19 shows that 75 per cent of the probation officers feel that
they should be a part of judiciary while 25 per cent of them do not observ e
that they have a role to play.

Table 7.20: Role of probation Officer as part of Judiciary


and Length of Service

Length of Service Role of probation Officer as Total


Part of judiciary
Yes No

Less 12 Years 12 1 13
13-18 Years 2 - 2
More 18 Years 03 2 5

Total: 17 3 20

It is clear from Table 7.20 that majority of the respondents, irrespective


of their experience feel that the probation officer has to be a part of the
judiciary.

From the above reply we can drive two observations. In the t'irsi
instance when 75 per cent of the probation officers say that they should be
attached to judiciary, it means they are unhappy with the present set up of
working. There might be various reasons for this state of affairs. The reasons
might be lack of well established and independent organisation, low status of
probation officer, lack of staff, poor office conditions and lack of
coordination with other departments. Secondly when majority of them have
shown inclination towards court attachment, it only shows that they have
additional incentives and privilege (status) in their mind. But this attitude is
highly unwanted and unhealthy from the point of view of the probationer

A probation officer should function more as a friend, philosopher and


guide to the probationer than as an official of the court. If he acts as a court
official, he may be considered as an authority and there is a possibility of a
gap developing between the probationer and the probation officer. Treating
his work should be more treatment oriented than punishment oriented
Attempts should be made to bring the probation officer closer to the
probationer. For this, the existing position and status of the probation officer
has to be improved.

The organisational set up of probation in India differs from state to


state. This department is controlled by various organisation like prison, women
and child development department, and social welfare department.
The Probation Service

An attempt is made to examine the present probation service to


understand and identify the various defects in system so that remedial
measures may be suggested. The most important lacuna witnessed as from
the information given by the probation officer is the lack of sufficient staff,
both technical and administrative, in commensurate with the work load fins
data is given below:

Table 7.21: Whether Staff Working Under Probation Officer

Response F P

Yes 2 10
No 18 90

Total: 20 100.0

Table 7.21 indicates that 90 per cent of the respondents have said that
they have no staff under them except a peon. The remaining 10 per cent of
them say that they have staff under them, such as one assistant clerk is
working under them, in addition to a peon. Then, 90 per cent of the probation
officers have to look after administrative work, like maintaining of office
records, preparation of reports, typing, court attending etc. by only one
probation officer. In addition to this, he has to also concentrate on his basic
job of pre-investigation, supervision, enquiry of cases under Juvenile Justice
Act, 1986, PITA Act. etc. (Prevention of Immoral Traffic Among Women and
Girls Act). Thus it may be observed that a probation officer is often over
burdened, leaving him very little time for supervision of offenders.

A probation officer has to cover one full district. He has to visit remote
villages for his work. It should be noted that the probation officer in Karnataka
state covers the largest area of 10.10 thousand sq. Kms as compared to other
states. The smallest area to be covered by one probation officer is I 18
thousand sq. kms. in Kerala. According to the information given by the
probation officers the work load is also more.

Table 7.22: Work Load of probation Officer

Response F P

More 15 75
Less 5 25

Total: 20 100.0

Table 7.22 shows that 75 per cent of the respondents say that
work load is more and 25 per cent of them say it is not more.
According to the statistics of the work load published by the National
Institute of Social Defense, the Ministry of Welfare, Government of India,
the average work load of a probation officer in Karnataka is 69.8 units, where
as Tamil Nadu has the highest workload of probation officer that is 137 units
It is interesting to note that over the years the work load is increasing and that
during 1988-1989 average work load of probation officer in Karnataka stands
at 168.45 units, which is now the highest in the country.

In view of the large area that has to be covered by the probation officer,
hence more work to be attended by the probation officer in Karnataka, it is
necessary to reduce the work load of the probation officers by providing them
with subsidiary staff to enable the probation officers to devote more time and
attention in the work of rehabilitating the probationers under their
supervision.

Lack of conveyance acts as hindrance in the proper discharge of the


duties. Therefore, taking into account the volume of work performed by the
officer, he must be provided with proper transportation facilities. This will
enable him to increase his efficiency and also boost his morale.

The work load of the probation officer again varies from state to state
in India. There is no uniform model of work load. An attempt was made to fix
the standard of monthly work load by the Bureau of Correctional Services
(now called the National Institute of Social Defense) through their circular
vide No.P-3/25/73-Tech dated 27th August 1973 of CBCS, Department of
Social Welfare, Government of India, New Delhi. This standard monthly work
load formula was recommended by the national conference on probation held
in 1971 at New Delhi. According to this formula units are fixed for different
works of the probation officer as follows:

1. One pre-sentence enquiry being equal to 5 units. One probation officer has
|-£ yj t,
to conduct 5 pre-servtee enquiries. This comes to 5 enquiries x 5 units = 25.
2. One supervision case being equal to 15 units. One Probation officer has to
make two supervisions per month. This comes to 2 x 15 units = 30
3. Miscellaneous being equal to 2 units. One probation officer has to make
15 such enquiries per month. It comes to 15x2 units = 30.
4. Court attendance, traveling time and book work will is equal to 40
units = 40.

Including all items i.e. 1+2+3+4+ = 25+30+30+40 = 125 units. The


probation officer is assigned the work load of 125 units per month according
to this standard.
BH

Table 7.23: Montkly Work Load of Respondents

Miscellaneous Supervisions Pre-Sentence Court Total


Inquiries and Enquiries Attendance
Visits +Traveling

S.No. Nos. Units Nos. Units Nos. Units Nos. Units

1. 01(x2) 2 03(xl5) 45 03(x5) 15 01 40 102


2. 02 4 02 30 06 30 04 40 104
3. 10 20 05 75 10 50 04 40 185
4. 16 32 03 45 05 25 04 40 142
5. 10 20 - - 06 30 01 40 90
6. 06 12 - - 04 20 12 40 72

7. 08 16 30 450 - - 02 40 6( 16
8. 12 24 15 225 15 75 06 40 179
9. 01 02 - - 15 75 01 40 117
10. 12 24 - - 10 50 01 40 i 14
11. 01 02 3 45 11 55 01 40 142
12. 06 12 4 60 03 15 04 40 127
13. 08 16 2 30 06 30 02 40 i 16
14. 02 24 5 75 05 25 12 40 i< 4
15. 12 24 10 150 06 30 02 40 '44
16. 10 20 03 45 03 15 06 40 120
17. 10 20 04 60 - 75 01 40 195

18. 02 04 01 15 15 75 02 40 i 34
19. 06 12 02 30 15 75 02 40 i~>7

20. 08 16 03 45 05 25 01 40 126

Total: i%
197

From Table 7.23, it is clear that the work load of the respondents varies

from individual to individual which indicates that there is no uniformity in the

work load of the respondents. Secondly even if the work load is calculated on
the basis of the proposed units, it does not agree with it. The average work
load in terms of units comes to 159.8 which is more than the proposed 125

units.

According to a special task force on correctional standards in United

States of America the probation officer’s work load should not exceed fifty
units a month. One Full-time Supervisor should be made to be in-charge for

every six full-time probation officers, and a minimum of supporting staff is

assigned to probation officers.

If the probation officers in India are assigned work in any number of


units without the basic facilities and proper organisational set up. the
probation work definitely suffers. Hence, it is not just the number of units,

but the proper working condition which are also necessary.

Out of 20 probation officers, 19 probation officers (95 per cent) have


replied that they can asses the progress of probationer under their supervision
on the basis of change in their behaviors, conduct, living standards and
acceptance by the society. This assessment varies from probation officer to

probation officer. To make uniform and scientific assessment of probationer


by probation officer we suggest that the evaluative guidelines are to be

prepared and supplied to all the probation officers. The evaluation process

has to evolve team/number of experts to assess the probationer from various


angles.

Material Help to Probationer

Most of the probation officers in the area under study have said that

there is an imperative need for providing material help to the probationers in


order to improve their standards of living. The probation officers observe that

this will keep them busy and keep them away from a deviant life.

The provision of material help to the probationer under the probation

offenders Act needs to be given a serious thought. If one materially well off
one can enjoy better standards of living, better education, health and better

social contacts. This will not only reduces the social, economic disparm but

also keep the probationer away from criminal activity. Providing material help

will definitely help the probationers. It is therefore highly essential and

desirable.

Now the question is how this provision for material help has to be

incorporated under probation of offenders Act. For this we propose to suggest

that during the probation period which ranges from one year to three years

probationers must be made to work in some public sector industry depending


on their skill and education. This will have many advantages. Firstly, the
probationer will be placed in a new environment with new type of people as
compared to his home town and the neighbours. This leads to a new and
better change or the behavior of the probationer. Secondly he starts earning
wages every month which will improve his economic condition through mate*
rial gain with help of which he can keep his dependents happy. Thirdly, the
supervisor and the manager will be supervising the probationers behavior
continuously. This will, to some extent reduce the burden of probation
officer. After completing his probation period, the probationer can be sent
back to his native place.

He is now a completely changed man economically, psychologically and


morally. Now as such the society may welcome him back wholeheartedly
Even the old enmity would have been vanished after the gap of 2-3 years As
a result all these factors he can freely join back in his own community as a
rational social human being. This type of law also accommodates the
community resources in the rehabilitation of the probationer.

In case if any probationer after completing the probation period m a


public sector industry expresses the desire to continue in the some work, he
should be given priority and absorbed on a permanent basis. This system of
spending probation period in an industry as a worker rather than an idle lazy
unwanted person in his village will definitely go a long way in evolving
probation system as a rational social criminal policy.
Thus a suitable amendment to the probation of Offenders Act has to be
made in the light of the above suggestion in order to make the act more
comprehensive and realistic in its approach.

Probation Centers
/
Probation centres play an important role in the rehabilitation of
offenders into the mainstream of society. Such centers are a mid way house
and have an important role in the life of probationers. The opinion of
probation officers was obtained in order to understand their perception of
probation centers. This data is given below:

Table 7.24 : Necessity of probation Centers

Response F P

Necessary 12 60.0
Not Necessary 8 40.0

Total : 20 100.0

Table 8.24 say that 60 per cent of the probation officers are in favour
of probation hostel or homes. Many of them have suggested that some
201

training programme for self-employment should be arranged in these hostels


for probationers between 17-30 age group, so that after completing their

probation they can start some self-employment in their native places. The

placing of the probationer in the probation hostel or home is to regulate his

behaviour through the continuous watch. 40 per cent of the respondents are

not in favour of hostel as this requires the establishment of buildings and


other facilities. This involves some cost because probation hostels are to be

established and training programme has to be arranged in different areas This

amounts to some expenditure on the part of the government but its indirect

benefit cannot be measured quantitatively. However, one can say that the

social benefit is more than the social cost involved in it.

Table 7.25 Necessity of probation Centers and level of Education

Necessity of Probation Centers.


Level of Necessary Not necessary Total
Education

Below Degree 1 1 2
Degree 11 7 18

Total 12 8 20

It is clear from table 7.25 that irrespective of the education level


the majority of respondents feel the necessity of the probation centers
Table 7.26 Necessity of Probation Centers and Length of Service and
Length of service

Necessity of Probatimn Centers


Level of Necessary Not necessary Total

Service

Less 12 years 5 6 11

12-18 Years 2 1 3

More than 18

Years 5 1 6

Total : 12 8 20

It is also clear from table 7.26 that the respondents irrespective of thei
length of service they feel the necessity of the probation centers.
203

Involvement of Non-Governmental Oragnisations and Community


Resources

Table 7.27 : Help from Non-Governmental Oragnisations

Response F P

Yes 13 65.0
No 07 35.0

Total 20 100.0

As per table 7.27 thirteen out of twenty probation officers (i.e. 65 per
cent) have said that they have taken the help of Non Governmental
Organisations in the reformation of probationers. This is a welcome trend
because it amounts to the involvement of the community in the rehabilitation
process. Along with this the involvement of the community resources is also
equally important. Much is talked about this aspect but no concrete
suggestions are made in this direction.

In order to involve community resources we suggest that a


‘probation cess’ of 1 or 2 per cent can be imposed on all the sources of
204

revenue raised by local self-governments and matching grant can be given by


the state government. This amount can be used for training and rehabilitation
of probationers.

Mere guidelines and counseling would not serve in the fast changing
society. From the analysis of the probation officers experience in dealing with
probationers and their improvement, we could notice that material help is
necessary in the process of rehabilitation, and mere counseling will not serve
the purpose. Therefore it is felt highly essential to provide material help along
with other help. The suggestions which we have made towards this if
incorporated in the probation offenders Act, we can hope that probation
system will surely emerge as a new concept in the development of rational
social criminal policy.

You might also like