COMMUNITY SERVICE: A TOOL TO HELP REDUCING THE THOUGHTS OF MISCREANTS
Category: ARTICLE
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Civil and criminal law is the branch of the legal system that deals with the wrongs committed to the society or individuals through corrective measures like penalty or damages in India. Engaging with the author’s flow of reasoning, it is possible to conclude that community service may be applied as a suitable punishment for minor offences where the offenders can contribute to society in a positive manner. The community service orders have been used in various countries since the 1970s as an outcome of the increasing crime rates for example England and Wales. The article also provides information on how the community service has been recognized in the international systems as a proper punitive measure.
Keywords: Community Service, Petty Offenders, Rehabilitation, Criminal Justice, Community Payback, Community Sentences, Swachh Bharat Abhiyan, Youth Rehabilitation Order.
Introduction:
The government has sought amendments in the Indian Penal Code under the measure which includes possibilities of giving the community service as a punishment besides disqualification from holding any office and compensation orders. However, the proposed legislation has been staged and faced challenges hence failing to run its course as expected and therefore missing opportunities for reform. Some of the examples of the community service orders involve cases to do with IAS officials as well as those that clashed with the law by engaging in rioting. The public is divided into two groups: the illiterates in laws and those who are legally accustomed with the laws of their country. The public should be made aware of their rights and consequences regardless of what is happening thus the need for education and awareness. Community service is as a punishment for first offenders as well as a mechanism educating them on the negative impact of their actions. More so, there should be a balance between the enforcement of these laws and ensuring that the public is informed about them.
International Perspective:
Imposition of community service order as a punishment has been common in India and the western countries right from the 1970s as a result of a rise in cases of crimes. Community service orders or nowadays known as Community payback were introduced to England and Wales in 1972 Criminal Justice Act. There are two types of community sentence orders: Referral Order with the support from the panel of criminal locality and youth justice workers and; Youth. Rehabilitation Order, specifically for a total of three years for rehabilitation of the criminal.
Community payback is people’s work as repayment for graffiti cleansing, painting of more space and clearing of wasteland. They can be ordered by courts for anger-related offences including defiling other people’s property, physical assault and unlawful gaining of something from others. Community sentences can be given to the first offenders, people who are mentally disturbed and unsound, and those who would be likely to desist from committing a crime. Other aspects of community paybacks include giving the offender a counselling session where they will be treated if they are insane, as well as being taught how to read and write. This practice was followed by the United States, Germany, New Zealand, and Canada in the R vs Shaw case.
Indian Perspective:
India has planned to pass an Act for providing community services for offenders as punishment, however the legislation has lagged behind because of the time bar. In the 156th Law Commission Report, there is an amendment proposed in section 53 of IPC where community service can also be a punishment along with disqualification, amount payable by the offender, and public condemn. However, the bill could not proceed any further because of the dissolution period of the Houses of Parliament.
Concrete examples of Community service orders executed in India involve The Andhra Pradesh High Court; In re: Indian Administrative Service officials: O&M No.164 of 2013; where eight IAS Officials received Community service orders for obedience of an order/contempt case, Mumbai based Additional Metropolitan Magistrate; The State vs Shri Ananda Pandurang Patil & Ors – Rioting and Assaulting the Director of Bombay Hospital.
The community service orders can be given by any Magistrates, including executive magistrates for the petty offence and first-time offenders. The law mentioned is excused once and punished if repeated since the people of India are unaware of the law. If one commits an act that is categorized under a petty offence for the first time the concerned officer has to orient the offender to the law and the community service like silence, parking, and cleaning the premises under the Swachh Bharat Abhiyan mission. Whenever the same person commits a similar offence, he or she can be punished under the provision which is provided for the repetition of the offence.
Categories of Public:
In this category, there are two types, they are: General public, and Public with legal recognition. The general public is a people irrespective of the region of origin whether it is from rural, urban or backward areas and for the most of the time they are not aware of the laws governing the nation/region. The public with legal acknowledgement are those who are in ample knowledge of the law and also fully aware that in case of any transgression, then this is the consequence that will be faced.
General Public:
Indeed, the General public means people from rural areas, urban areas, backward areas, etc., and they will not be having legal knowledge. The legal camps and awareness camps are primarily aimed at the lower strata of the society, the corner people as an attempt to make them conscious of the rights, read and write which they enjoy, the duties they have to follow and the repercussions, read punishment for a crime committed shall be the consequences. Despite every week we are try our level best to make people aware of the law yet there are people who are still unaware. Therefore, if someone has performed a wrong act which is a petty or minor offence; to such a person the authority should put the individual through community punishment and also ensure the person has learned the law.
Conclusion:
Community service is outreach and change for the offender hence making them be held accountable in the society. The model identifies and focuses on the causes of criminal conduct and can be easily incorporated into the legislation to foster the process of the criminals’ reintegration into society. The awareness and more importantly, the utilization of these community service orders can help improve our legal knowledge and at the same time contribute towards creating a rehabilitative justice system, thus fostering responsibility among citizens and rejuvenating the ties in the community.
References:
[1] https://www.legislation.gov.uk/ukpga/1972/71/contents.
[2] R vs Shaw (1977 26 CRNS 358).
[3] Penalties and Sentence Act, 1972, Queensland, Current as at 27th September,2021.
[4] https://www.hindustantimes.com/mumbai-news/mumbai-court-orders-community-service-not-jail-time-for-three-convicted-for-rioting-assault/story-44foNws1HpZNMm2zIKbspJ.html.
[5] Vishal S. Awtani vs State of Gujarat- (2020 SCC Online Guj 2814).
