Community Service As Punishment Under The Ipc Criminology Essay

Community Service As Punishment Under The Ipc Criminology Essay Community service constitute an apologetic reparation that the person is now required to make to the community what he has wronged. The Indian Penal Code was the enacted in 1860 by virtue of the classic legal draftsmanship of Lord Macaulay. If there would have been a concept of community service prevalent at that time then the authors are sure that there would have been no need to urge the inclusion of the same in the Indian Penal Code. But since this exclusion by Macaulay is because of no fault of his it is our duty to incorporate such to meet the demands of the time and to make the IPC a living social document. Section 53 of the IPC  [2]  provides for the various types of punishments. But these are old and do not meet the exigencies of the present day globalised world. The authors yearn for inclusion of community service as a mode of punishment. Indian draftsmen have not overlooked the necessity of such a restorative mode in recent enactments. We find the inclusion of community service in The Juvenile Justice (Care and Protection of Children) Act, 2000  [3]  (Section 15  [4]  ). Community service is defined as an order that requires an offender (who must consent and be aged at least 16) to perform unpaid work for between 40 and 240 hours under the supervision of a probation officer. Formerly known as a  Community Service Order. It can also be defined as A  community  order  which requires the  offender  to do unpaid work in the community under the supervision of a  probation officer.  [5]  Moreover the work that the offender is required to undertake has some obvious relation to the nature of offence.  [6]   History of community service The first organized community service program meant systematically to be used in place of short prison sentences were established in ad-hoc basis in California in the 1960s. . Thus community service was indirect alternative to imprisonment.  [7]  In the United Kingdom, Parliament enacted legislation in the early 1970s giving the courts specific powers to order community service as a sentencing sanction.  [8]  In the early 1980s after a series of private pilot projects the Dutch implemented community service nationwide and evaluators made comparable findings.  [9]  It was Lenin  [10]  who also stressed on the importance of community service.  [11]   Benefits of Community Service Community service serves the goals of punishment, reparation, restitution and even rehabilitation. It is beneficial to the offenders  [12]  , the community  [13]  , the victim  [14]  and even to the courts.  [15]  So community service has both the social and the cognitive benefits. It also serves as an alternative to imprisonment (India has 32 prisoners per 1000 of population. We have 11094.25 lakhs prisoners in India as on 31 December 2005)  [16]  which is morally reprehensible and indefensible  [17]  . Moreover Prisons have proved ineffective in their object of reforming the criminals. Research indicates that about half of all prison inmates are likely to be rearrested and returned to prison, many soon after their release from an institution.  [18]  Contamination is the gist of prison life. Prisons are dens of criminality. The unsophisticated offender is compelled to associate with the hardened professional criminals and thereby he learns not only the te chniques of committing the crime but also the specific drives, rationalisation and attitudes of crime.  [19]  The Community Service Program is intended to add some refinement by requiring the offender to put back into society through performing a job for the community.  [20]   Not only do offenders need to be addressed as active participants rather than as passive recipient of punishment or treatment, but they also need to be positively motivated to engage in the process of change to law-abiding lives. Performing work for the community, as well as requiring offenders to pay back to the society helped them realize that they had contribution to make to the society.  [21]   Developments in India Macaulay may have not envisaged the need of community service as it was not prevalent at that time. But it first dawned upon India in the 42nd report  [22]  of the Law Commission.  [23]  Then an Amendment bill  [24]  was introduced in the Parliament  [25]  which was passed in the Rajya Sabha but due to the proclamation of emergency it could not be passed in the Lok Sabha and it lapsed. Again the Law Commission in its 156th report  [26]  urged the need to implement community service in Indian Penal system.  [27]  Even the Malimath Committee and others  [28]  recommended community service as mode of punishment.  [29]   Community Service Scheme has also been started in one state i.e. Gujarat and it is an alternate for offences under the Bombay Prohibition Act. Another state i.e. Andhra Pradesh (Prison is a state subject)  [30]  has also amended the Penal Code and introduced Community Service as a punishment. This legislation is now pending with the Union Government for their concurrence.  [31]   Cases and pronouncements We have instances where the court has ordered the offender to do community service in lieu of the offence that he has committed. The Delhi High Court asked two businessmen to perform community service with a voluntary organisation for a year as punishment for firing three shots at their friend for fun. Justice Sanjay Kishan Kaul, while quashing a first information report (FIR) against the two businessmen Monday, asked Delhi Police not to return their gun for a year.  [32]  For sexually harassing a woman on the bus the magistrate asked the offender to write a 25-page essay on eve-teasing and harassment. He was asked to make 500 copies of the essay and distribute them outside schools and colleges.  [33]  In probably a first, the Patna High Court has given provisional bail to two accused in a mobile phone loot case on the condition that they would have to do community service at a local temple thrice a week for six months.  [34]   The Indian Supreme Court though not having argued (even in their obiters) to have community service as a mode of punishment has nevertheless hinted at the importance and need for such type of restorative sanction. in one of the case the court said- A few other weighty factors deserve reference. All deprivation of liberty is validated by social defense and individual correction along an anti-criminal direction, public justice is central to the whole scheme of bail law. Fleeing justice must be forbidden but punitive harshness should be minimized. Restorative devices to redeem the man, even through community service, meditative drill, study classes or other resources should be innovated.  [35]   The unacceptable anomaly Community service was not incorporated in the IPC. The reason fascinates and confuses me. The neo democratic style of non-inclusion is too hard to swallow. The Law Commission of India circulated a letter highlighting the main issues involved in the Penal Code for eliciting views from various quarters.  [36]   The letter was sent to Registrars of High Courts, the Home Secretary of the State Governments Union Territories, the President of Supreme Court Bar Association and High Courts Bar Association, National Commission for Human Rights, National Commission for Minorities, National Commission for SC ST, National Womens Commission, State Law Commissions, Police Officers, Advocates, Academicians and some social organisations, Institutions etc. Responses were received from three State Governments, Seven Judges and one Additional Registrar of High Courts, Two Advocates, Six Police Officers, One State Law Commission, One Academician and Two organisations (Nirantar and Federation Indian Chambers of Commerce and Industry).  [37]   Now the recommendation that came out was that the proposed section 74 should not and cannot be implemented in India. The report laid- This section contemplates a supervisory authority to see whether the convict is working and rendering service for the number of hours specified and if he fails to do so by way of default, he has to be sentenced thereafter. We think an open air prison system is better suited from the point of view of the correctional measures rather than the proposed punishment of community service. The community service no doubt is another innovation in the direction of correctional methods but as voiced in many workshops it may not be practicable to give an effect to and also may not amount to punishment. The most horrifying aspect of the entire thing is that merely on the views of some of the judges, advocated, academicians, police officers and organizations an innovative and pulsating need of the criminal justice system was not implemented. The authors are unable to find a rational nexus with the reasons given for such non inclusion. Reforms Suggested What the authors want is that is not the inclusion of community service as a form of punishment but the authors want the successful and effective implementation of community service as a form of punishment under the code prepared by the legal acumen of Macaulay. That is the reason we do not recommend to amend the IPC and include community service as a sixth form of punishment immediately as was once tried by the 1976 bill.  [38]  It would not be an inclusion as we nowadays find the Indian legislators just amend and insert new provisions  [39]  in the enactments without looking at its suitability and implemantability.  [40]   The authors suggest an area approach (AA) in the inclusion of community service as a mode of punishment. Firstly few selected areas must be selected which have the resources and concentration of specific crimes occurring in specific areas. Firstly, the Union must select few states and urge them to implement community service programs in few select areas. These areas must be selected by the state themselves with the concurrence of the Union. The areas should be selected on the basis of criterias such as prevalence of petty offences, resources available  [41]  etc as decided by the state governments. The authors only intend to suggest that first implementation issues must be dealt with as per the acumen and foresight of the legislature and the executive. Then only we can dream of such a form of sanction. This was one precise lacuna in the 1976 Amendment bill. Beside this lacuna the authors find no other major loophole and feel that the proposed amendment was to a very large extent acceptable. But we suggest that in all the cases where the judge convicts the accused and imposes fine as the only punishment community service should be made compulsory. The other recommendations are as follows- It is recommended that in order to address such problem and increase efficiency, special community service officers be appointed and trained to handle offenders on community service. A lot of publicity should be given to this schemes initiation so that even the grass roots and the have-nots of the society are aware of such a change. The spread of the scheme must not be confined to the legal fraternity and experts. It must not remain a burning topic for the scholars and the academicians to debate and write scholarly articles and researches. The modes of publicity as newspapers, media and the government. The entire implementation and the process and the procedure of the community service scheme must be available in almost all the recognized languages of India so that the local masses are aware of it. It must be simple and clearly worded. The cooperation of various stakeholders such as the civil servants, the judiciary, the policy-makers and all other relevant stakeholders within the criminal justice system is vital for the process of implementation of the programme as well as for its ongoing sustainability. The implementation of such programme should be seen as the responsibility of every Indian, and endeavor should be made to help it succeed as a new intervention to replace imprisonment. ABSTRACT The Indian Penal Code was the enacted in 1860 by virtue of the classic legal draftsmanship of Lord Macaulay. If there would have been a concept of community service prevalent at that time then the authors are sure that there would have been no need to urge the inclusion of the same in the Indian Penal Code. But since this exclusion by Macaulay is because of no fault of his it is our duty to incorporate such to meet the demands of the time and to make the IPC a living social document. The research paper tries to incorporate the needs and the benefits of community service in India. It would then delve upon the legal development of inclusion of community service as mode of punishment. It would be done by scrutinizing the reports of the law commissions, judicial pronouncements and the lapsed bills which urged such a reform. Then authors would suggest concluding the problems in the inclusion and implementation of community service in India and how to overcome these difficulties so that IPC meets the social needs and critics find one issue sorted in criticizing the IPC and its efficacy.

Greek Food

Greek Food Greek Cuisine is certainly one of the most wanted flavors in the entire world, but what is it about Greek food that makes it so exceptional? Well there are five features of Greek food that make it stand out. The first is, the basic ingredients in Greek dishes are usually nourishing. You'll find a lot of vegetables added to the mix, with fish, legumes and cereals being some of the other main ingredients in traditional recipes (S. Linda, 2012). Second, the food has a whole lot more flavor to it, simply all because the locals use a lot of herbs and spices, including dill, garlic, oregano, onion, bay laurel leaves and mint.A few other choices consist of thyme, basil (S. Linda, 2012). Thirdly, Greek food is unique because the recipes are actually quite easy to make (S. Linda, 2012). The fourth distinguishing characteristic of Greek cuisine is that there is no beef. Lamb is the staple meat for most Greek dishes. This is because of the fact that the terrain and the climate have m ade the breeding of sheep and goat better than cattle (S. Linda, 2012). Greek dishes usually come with a few mezedes, or appetizers. Each region has their specialty, which makes the food rather varied so that you don't easily grow weary.A lot of these appetizers are packed with so much flavor, and are the perfect balance of tradition, health and tastiness (Yao, B. H, 2012). Greek food has a few main components. Those components are cheese, fruit and vegetables, olives and olive oil, seafood and poultry, meat, and herbs and seasonings. The most common Greek cheese is feta. Other cheeses include Kasseri, a hard yellow cheese, Kefalotyri, a very salty cheese often served with pasta, Manouri, a soft white cheese often eaten on its own as an appetizer, and Mizithra, a soft, unsalted cheese used in pies and pastries (Binder, L).Greek cuisine follows the seasonal fruits and vegetables of the region (Johns, S). The warm climate of Greece makes it ideal for growing vegetables and fruits, and these are eaten in abundance. A multitude of colorful and flavorful vegetables form a fundamental part of Greek cuisine. These include tomatoes, garlic, onions, spinach, artichokes, fennel, lettuce, cabbage, horta or wild greens, zucchini, eggplant and peppers. Fruits are eaten either fresh or preserved by drying. Popular varieties include apricots, grapes, dates, cherries, apples, pears, plums nd figs (Greek Cuisine). Olive oil and olives are a major part of Greek food. It is the most common ingredient in Greek cuisine. The oil is used in most forms of cooking as well as in salad dressings and for dipping sauces (Johns, S). As well as being used for their oil, olives are also eaten whole. The most frequently eaten type is the plump kalamata olive which is added to stews and salads or eaten as part of a meze or appetizer dish (Greek Cuisine). Greece is almost surrounded by sea, so it is not surprising that fish and shellfish are eaten regularly.The most popular types of fish and sh ellfish include tuna, mullet, bass, halibut, swordfish, anchovies, sardines, shrimp, octopus, squid and mussels. This fish and seafood is enjoyed in many ways. It can be grilled and seasoned with garlic and lemon juice, baked with yogurt and herbs; cooked in rich tomato sauce, added to soups; or served cold as a side dish. Chicken is also eaten regularly, as are game birds such as quail and Guinea fowl (Greek Cuisine). Meat doesn't play a prominent role in traditional Greek cuisine. It's usually reserved for festivals and special occasions or used in small amounts as a flavor enhancer.When meat is eaten it's most often sheep or goat, but these animals aren't just used for their meat. Sheep and goats also provide a valuable source of nourishment from their milk (Greek Cuisine). Many of Greece's most famous dishes involve some sort of meat. Gyros, which have become a fast American favorite in the past few years, are made with meat, usually lamb, roasted on a spit, served with sauce an d veggies on folded pita bread. Lamb and potatoes is another extremely common Greek dish, as is souvlaki, which comprises anything made and served on a skewer.Chicken, pork and lamb souvlaki are the most common types (Binder, L). The spices and herbs in Greek dishes are garlic, basil and bay leaf. Mint, oregano and parsley are also often used in traditional Greek dishes (Johns, S). Greek desserts and beverages are also as unique as the culture. Dessert may be the most famous of Greece's culinary contributions, and Baklava, in particular, may be the most well-known. This phyllo-dough pastry is filled with nuts and covered in sweet syrup, and has become an American favorite.Other Greek desserts include Loukoumi, a starch and sugar treat, Koulourakia, butter cookies and plain yogurt, flavored with honey or syrup (Binder, L). However, Greek dessert is often fresh or dried fruit are the usual dessert. The rich desserts and pastries are mostly reserved for special occasions or eaten in sm all amounts (Greek Cuisine). Wine is consumed regularly in Greece, but mainly with food, and in moderation. Ouzo, an aniseed flavored spirit, and beer is also popular alcoholic beverages. Strong black coffee is one of the most popular non-alcoholic beverages (Greek Cuisine).

Discipline 1 - 817 Words

Discipline is of the utmost importance in order to ensure the efficiency of the military organization as a whole as well that of the individual units. Efficiency helps to ensure that goals are met and that the highest level of profeesionalism is maintained at all times. The level of discipline directly affects a soldiers conduct so the two concepts are directly related and of equal importance. Discipline is important in life as well as in the Army. The core values of the British Army are: courage, discipline, respect for others, integrity, loyalty and selfless commitment. While all these values should be followed individually, discipline is needed to apply the correct application for all of them. If you lack the discipline needed to†¦show more content†¦All individuals in the armed forces will show respect to seniors at all times. This helps to maintain military discipline. Military personnel will also show respect to the National Anthem and the National Colors if they are in uniform or not. Military discipline and effectiveness is built on the foundation of obedience to orders. Brand new privates are taught to obey, immediately and without question, orders from their superiors, right from day one of boot camp. Almost every soldier can tell you that obedience was drilled into their heads at one point in Basic Training. For example, no talking in the chow line, don’t talk with your hands, head and eyes forward, no smiling, stand a parade rest, and of course the famous â€Å"Yes Drill Sergeant / No Drill Sergeant†. Those are just the simple orders you are made to obey in the military. Greater orders mean bigger consequences. Military members who fail to obey the lawful orders of their superiors show lack ofShow MoreRelatedBrunswick High. Emergency Procedures936 Words   |  4 Pagesdistrict. 2. 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Essay about Business Communications - 1526 Words

THE IMPORTANCE OF WRITING SKILLS IN BUSINESS COMMUNICATIONS: HOW AND WHY TO IMPROVE EMPLOYEES’ WRITING Abstract This essay describes how poorly written communication can lead to misunderstanding and a possible loss of business. Through this paper the author wants to persuade the employer to sponsor a workshop for all employees to improve their writing skills, to increase business communications and to avoid arguments through poor communication. This paper demonstrates the effectiveness of writing skills and why business communication is important in any kind of business. What can your business achieve with good writing skills and what it the impact of good writing skills on business. THE IMPORTANCE OF WRITING SKILLS IN†¦show more content†¦Success in any business depends on one thing: the ability and knowledge to communicate. The knowledge of good business writing is a very important factor and part of our day-to-day business. 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