HC calls for plan to address causes of crime
JODHPUR, March 30 -- The Rajasthan High Court has directed the state government to establish a structured mechanism for implementation and monitoring of community service orders and to evolve an action plan to identify the underlying causes of criminal behaviour so that offenders can be rehabilitated and reintegrated into society.
Justice Chandra Prakash Shrimali issued the directions on Saturday while allowing bail to two accused in an ATM theft case, making plantation of at least five trees per day for a period of 30 days a mandatory condition of their release.
"There should always be two main ideologies behind criminal justice: Rehabilitative and Punitive justice. Punitive justice seeks only to punish the criminal for their wrongdoings, assuming the punishment itself will deter both the individual and other potential wrongdoers from committing further crimes. On the other hand, the rehabilitative way of justice may find significant success in reducing recidivism. This approach of rehabilitation is based on the idea that people are not inherently bad. Instead, they are taught to make wrong decisions by environmental influences. This is the classic 'nature versus nurture' argument."
The bench said the chief secretary, along with the DGP, IGP and SP, shall frame a uniform Standard Operating Procedure (SOP) applicable across State.
A nodal officer in each district, not below the rank of Superintendent of Police, shall also be designated to supervise its execution, it said.
"The State and district-level administration may be directed to prepare a database of offenders involved in minor offences, first-time offenders and especially young delinquents, and to monitor such accused with help of Social Welfare Officers and Village Development Officers."
The court said that the chief secretary shall further direct the DGP, Rajasthan to issue appropriate directions to all SHOs and IOs in the State to submit a detailed report, as soon as possible and without delay, addressing the background and circumstances of the accused and reporting it to the Magistrate.
"The report shall briefly evaluate the personal, familial and socio-economic background of accused, their prior conduct and the likelihood of reformation. This requirement is intended to assist the court in adopting an appropriate reformative or corrective approach...," it said....
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