Global Capitalism and the Indian Economy (Tracts for the times) by C. T. Kurien

Author:C. T. Kurien
Language: eng
Format: azw3
Tags: Social Mission of Law
Publisher: Orient Longman
Published: 1993-11-29T16:00:00+00:00

1 As a one-time Minister who sought to humanise Kerala jails with some measure of success and as one who has visited some prisons abroad, I must confess that a jail is a jail and in the case of newcomers particularly, heals less than it harms.

2 It is heartening to know that the Central Bureau of Correctional Services is thinking in terms of training camps and refresher courses for the criminal judiciary in the country.

3 Section 301 of that Code states:

The court, as a condition of its order, may require the defendant:

(i) to meet his family responsibilities ;

(ii) to devote himself to a specific employment or occupation;

(iii) to undergo available medical or psychiatric treatment and remain in a specified institution, when required for that purpose;

(iv) to pursue a prescribed secular course of study or vocational training;

(v) to attend or reside in a facility established for the instruction, recreation or residence of persons on probation ;

(vi) to refrain from frequenting unlawful or disreputable places or consorting with disreputable persons;

(vii) to have in his possession no firearm or other dangerous weapon unless granted written permission ;

(viii) to make restitution of the fruits of his crime or to make reparation, in an amount he can afford to pay, for the loss or damage caused thereby;

(ix) to remain within the jurisdiction of the Court and to notify the Court or the probation officer of any change in his address or his employment;

(x) to report as directed, to the Court or the probation officer and to permit the officer to visit his home ;

(xi) to post a bond, with or without surety, conditioned on the performance of any of the foregoing obligations ;

(xii) to satisfy any other conditions reasonably related to the rehabilitation of the defendant and not unduly restrictive of his liberty or incompatible with his freedom of conscience.

4 Naturally, our procedures must be simple and the rules of evidence far less sophisticated, there should be legal aid to every child, youth and first offender brought up before a criminal court. The trial should be simple and quick. We must have far more children's courts and other tribunals so that no case lasts more than a few days where the sensitive category of accused are involved. Appeal and revision provisions should neither be elaborate nor expensive or dilatory. Summary procedures, where substantial compliance with natural justice is provided for, must be written into a law.

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