Community Based Rehabilitation of Offenders An Overview of Probation and Parole System in Pakistan
Community Based Rehabilitation of Offenders An Overview of Probation and Parole System in Pakistan
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Abstract
Community based rehabilitation of offenders (probation and parole system) has got
tremendous significance in criminal justice system as the world has sharply moved away
from retributive to rehabilitative justice. The author has tried to explore the gaps between the
concept, comparing and contrasting it with “what works” in the situation of probation and
parole systems in Pakistan. There are many stipulated rules available in the country for
release of offenders on probation and parole. Correctional treatment of offenders being on
probation and parole has been assigned to Reclamation and Probation departments in all four
provinces of Pakistan which are, unfortunately, facing almost the same problems in legal,
financial, professional and technical matters. Above all, probation and parole officers lack
professional orientation, conceptual clarity, motivational work environment, innovative
correctional skills and training. It reveals the fact that the probation and parole system has
been a neglected area of criminal justice system in Pakistan. Research-based suggestions for
reinvigorating the probation and parole system in Pakistan are also included.
Key words
Probation and Parole System, Alternative to Prison, Community Based Rehabilitation,
Offender's Reintegration, Rehabilitation Justice, Criminal and Community, Criminal Justice
and Public Safety.
Introduction
Probation and parole system in Pakistan are governed by provisions that allow
the release of offenders on probation and parole under certain terms and conditions.
Legally, these provisions are recognized as a fundamental to the Criminal Justice
system in Pakistan.
Probation
The Probation of Offenders Ordinance (1960), was promulgated by the
President of Pakistan to cater to the needs of first-time offenders who can be
rehabilitated under the supervision and proper guidance of the probation officer
without being sent to prison.
In the words of Ahuja Ram(1979), probation is the postponement of final
judgment or sentence in a criminal case, giving the offender an opportunity to
improve his or her conduct, often on conditions imposed by the court and under the
1
guidance and supervision of an officer of the court. Probation can be considered as a
formative and flexible program for the first-time offender because it overcomes
rigidity of imprisonment.
Mazhar Hussain Bhutta
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An analysis of the definition of probation reveals that its basic elements are:
! a postponement of sentence;
! a period of re-socialization for the criminal in the community;
! the criminal's observance of the conditions imposed by the court, and
! the supervision of the criminal by the probation officer.
Correctional and legal scientists like Panakal J.J and Madhava N.R (1984)
think that the concept of probation be shifted entirely form that of the suspended
sentence so that the corrective and rehabilitative functions of probation will be
emphasized.2
The original aim of probation, as Srivastava, S. (1970) states, is “to advise,
assist and befriend” criminals whom the court decides to release on probation.3 It
has widened greatly to include preparation for economic and social activity.
Probation is based on the belief that encouragement must be given to the criminal
not only to be a law-abiding citizens but also to contribute to the development of the
local community and society.
Instead of indiscriminate imprisonment, the criminal is released for
correctional treatment in the community. This community treatment is, in lieu of
imprisonment, which is suspended by giving a chance to the criminal, to restrain and
re-educate the probationer. Probation, therefore, attaches great value the influence
of the home- and social environment.
Probation is correctional treatment aimed at reshaping the personality of a
criminal. It, therefore, is helping the criminal to reshape himself. A fully
rehabilitated person is capable of effectively evaluating his or her actions. More
importantly, one is able to organize one's life, predict future events, and explain
one's actions or conjecture about what will happen under various courses of action.
“Probation is a method of correctional process for the guidance and treatment
of the criminal and his family, the discovery and correction of the criminal's
personality and character and criminogenic environment, with the help of the
resources of the community.”4
Probation Procedures
The Probation of Offenders Ordinance (1960), Section 5 empowers
Judiciary/courts to place certain offenders on probation not more than 3 years who
are eligible for release on probation. After release of offenders on probation, the
Reclamation and Probation (R&P) department in the province is to supervise,
monitor and rehabilitate them in community. Probation and parole officer plays the
key role in the whole process of probation system from release of offenders to
successful rehabilitation.
The Courts empowered to release offenders on probation;
! High Court
! Sessions Court
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· Maintain the books and registers and submit reports prescribed under these
rules; and
· Subject to the provisions of these rules; carry out the instructions of the Court in
regard to any probationer placed by the Court under his supervision.
Parole
Parole refers to the early release of good conduct prisoners or offenders who
have completed mandatory period of substantive sentence as required under the
good conduct Prisoner's Probational release Act, 1926 and Rules 1927 that provide
for release of good prisoners on conditions imposed by the government. This is
commonly known as conditional release or Parole release.
Parole Procedures
Good Conduct Prisoners' Probation Release Act, (1926) empowers the
Executive (Home Secretary) of the province to release certain offenders on parole
who are eligible to be released on parole. This is commonly known as conditional
release on parole. This act provides the release of chance offenders with good
antecedents and prison record with a view to remove them from the society of
hardened criminals in jails. They are to be engaged in suitable environments under
the supervision of Parole officer of the R&P department in their respective province.
The parolees are employed with approved employers of R&P department on fixed
wages and under specific terms and conditions.
Selection of Prisoners eligible for Parole Release
The cases of prisoners who are likely to be released on parole may be taken up
by the Assistant Director R&P department in the following ways
· On application of the prisoner
· On application of the relative or friend of the prisoner
· On recommendation of the Superintendent of jail
· The Assistant Director and Parole Officer visit jail for selection of prisoner
suitability to be released on parole
Functions of the Parole Officer
· Supervision and rehabilitation of offenders placed on Parole
· Visit jails and arranges interview of good conduct prisoners with the Assistant
Director R&P department
· Consult history tickets, remission sheets, warrants etc of prisoners
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to work and made to repay their victims, over the assertion that violent criminals
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must be kept in jail because allowing them out represents too great a risk to society.
In another survey, 64 percent of the respondents indicated that most violent
offenders could be rehabilitated if given the right rehabilitation program.12
One of the major transformations in the European Criminal Justice systems
from the 70s onwards has been the growth of the rehabilitation justice movement
and the increased interest in informal conflict resolution schemes, such as victim
offender mediation and community based reformation of offender (Probation and
parole system). This change has global dimensions, well known to Asian and
African countries.
Conceptual Framework
The concept of offender treatment in community maintains that if the offender
is to change, a comprehensive effort must be made to address the individual and his
or her family and the influences directed toward that family. The
probationer/parolees must be linked to a range of services involved in the
community and tied to the family. The goal is to strengthen the individual, the
family, and the community. Communities must be stable and offer a decent and
dignified existence as the fruits of respectable and cooperative behavior.
Probation/Parole rests on the philosophy that punishment certainly does not
correct criminals or protect the community. It therefore offers an effective strategy
for achieving the expected aim of justice. Bokil, M.K. (1969) states that “If the aim
of criminal justice was to protect the community that aim is best achieved by a
constructive community correctional programme.”12
According to Gullen F. and K. Gilbert (1982) rehabilitation is the only
justification of punishment that obligates the state to care for an offender's needs.13
Rehabilitation
The term rehabilitation is widely used in the literature. In the discipline of
sociology, criminology and criminal justice, it refers to the process, which read just
an individual and takes him up to the level of normalcy. This process takes place
when the normal functioning of an individual is disrupted due to some natural or
social episodes. For example, suppose a person commits crime, subsequently, he is
detected, apprehended, convicted and imprisoned. He can no more function in the
society during the course of his imprisonment and temporarily cuts off from the
society; he is bound to live in a peculiar environment (in the prison), which is quite
different from the society. At this juncture, he needs some agency that could help
him to readjust in the society. In this way, he can function normally in the society.
This process may be called rehabilitation.
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The rehabilitative process takes place in the societal context of a welfare state,
focuses on the offender, provides treatment to him or her, seeks conforming
behavior
“The rehabilitation system is based on the concept of trusting people who
14
unfortunately have committed crimes” The Rehabilitation Bureau of Japan
announced in a public statement. By not trusting criminals, the Bureau implies, the
prison isolates them form the curative powers of normal community relationships.
In Asylums, Goffman (1961) points out that while on probation, the offender is
to undergo a transformative experience that causes a radical shift in the offender's
moral career. This radical shift of self is the essence of rehabilitation.15
Rehabilitation of offenders in community is supported in order to cut criminal
justice system cost, to promote the concept of human dignity, to maintain the
integrity of the profession, and to support reform in the criminal justice system.
Rehabilitation is cheaper than imprisonment. Aulakh, Abdul Majeed (1987) states
that Probation is fifty times less expensive than prison but that it is a hundred times
more effective in rehabilitating offenders in community.16
Applegate, Cullen, and Fisher (1997) report that although the public wants to
see the offender punished, however, the public is not interested in punishment alone;
most of the public support the rehabilitation of offenders. In reviewing 27 studies
that asked respondents to rate, rank, and choose rehabilitation in comparison to
other options, Applegate, Cullen, and Fisher found rehabilitation was considered
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important in 20 out of 27 studies.
Legislative Provisions
Before the partition of the Indian Sub-Continent in 1947, the Government of
the Punjab passed the Good Conduct Prisoners probation Released Act (1926). It
provided protection as well as guidance to the prisoner for his readjustment and
rehabilitation in free life. This system worked well and was adopted by the
Government of West Pakistan in 1957.
After independence, Pakistan tried to incorporate the concept of probation for
juveniles in the Punjab Children Act 1952, the Punjab Youthful Offenders Act 1952
and the Sind Children Act 1955. The first two were never enforced and the latter was
implemented in two Divisions only after a gap on 19 years.
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Province Male Female Total Male Female Total Male Female Juveniles Total Male Female Juveniles Total
Khyber
Pakhtunkhwa 16 6 22 2 0 2 1607 17 43 2 1669 0 0 0 0 5
(former NWFP)
Balochistan 6 0 6 2 2 4 2 0 0 0 2 0 0 0 0 80
Dated 30 March, 2010, National Academy for Prison Administration,(NAPA) Lahore Pakistan (former CJSTI)
Mazhar Hussain Bhutta
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191
0.19% Parolees
Probationers
23197
22.89%
Prisoners
78328
76.92%
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Discussion
Table 1 shows that there were 65 probation officers including 7 female
probation officers in Pakistan. From the total male probation officers 35 were in
Punjab, 16 in KP, 6 in Balochistan and 1 in Sindh. Out of total female officers, six
were in Khyber Pakhtunkhwa (KP) and only one was in Punjab whereas Sindh and
Balochistan had no female probation officers.
Under Rule 22(3) of the Probation Rules, a female offender should not be
placed under the supervision of a male probation officer. However, a husband and
wife may be jointly placed under the supervision of a male probation officer.
Because of Rule 22(3) and since a few female probation officers were present in
Pakistan except one in Punjab and six in KP, it should not thus be surprising that only
242 women prisoners were released on probation in Pakistan by March 2010.
Women and children are usually first-time offenders and are more likely to get
released on probation if the system could be properly utilized and if more female
probation officers were present.
By late 2009, there were no female Probation officers in KP province. Home
Departments in Sindh and Punjab had also advertised 16 and 20 Probation and
Parole Officers' posts respectively. It is hoped that there will be some reserved seats
for female probation officers.
The figure in table 1 shows that a large number of offenders had benefited from
the probation system but not many among them were juveniles and women.
Out of total probationers (23191), 242 were reported as female, majority 225,
of which were from Punjab and 17 were from KP, whereas there were no female
probationers in Sindh and Balochistan. From the total 295 juvenile probationers,
only two were female. Majority of juveniles 217, were released on probation in
Punjab then 45 and 33 in KP and Sindh. There were no juveniles on probation in
Balochistan.
Out of total 17 parole officers in Pakistan, there were 4 female Parole Officers,
two in Punjab and two in Balochistan. Sindh and KP had no female Parole Officers.
Among Male Parole Officers 8 were in Punjab, 2 in KP, 2 in Balochistan and 1 in
Sindh. This clearly shows that Parole system has been on the low priority in all
provinces of Pakistan as table 2 indicates that out of total prison population in
Pakistan (78328), only 191 offenders (male) have got release on parole; the majority
(99) of them in Punjab. Although there were four female parole officers in Punjab
and Balochistan but unfortunately there were no women on parole in the country.
Similarly, there were no juveniles taken on parole.
The above given diagram shows the numbers and percentage of prisoners,
probationers and parolees in Pakistan
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Challenges/Problems
Probation/Parole system in Pakistan is facing various problems at different
levels:
Justice Administration
Administrative Level
· Under-staffing: Shortage of professional Probation/Parole officers
· Lack of proper training, motivation, problem-solving skills and modern
innovative techniques among Probation/Parole officers
· Low salaries and low morale; unattractive service structure and slow career
progression of prison staff
· High caseloads and over-worked staff
· Lack of proper infrastructure: official accommodation; transport facility;
provision of extra allowance for travelling
· No empirical data has been collected about the workings of the parole and
probationer system in Pakistan
· No use of Information and Communication Technology in R&P Departments
in the Provinces
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End Notes
1. Vold, George B and Thomas J., Bernard (1986).Theoretical Criminology. New
York: Oxford University Press. p.211.
2. Ahuja Ram (1979) “Probation Act; A Sociological Appraisal” The India
Journal of Social Work XL, 2, July, p. 201-208.
3. A paper Presented at the 13th Annual Conference of the Indian Society of
Criminology, Jabalpur: Jabalpur University and Menon, Madhava N.R. (1977).
“Community Participation in Correction and Rehabilitation: Some Issues and
Perspective”, Tamil Nadu Probation, p.29-31.
4. Srivastava, S. (1970) “The Legal Framework of Probation in India, “The
Indian Journal of Social Work, October, p. 263-269.
5. Home Office (1960) the Probation Service, its Objectives and its Organization,
London.
6. Fitzgerald, P.J. The aging of the suburbs. New York: Cambridge University
press. p.67.
7. Auulakh, Abdul Majeed, A.M. (1986). Criminal Justice: Crime, Punishment
and Treatment in Pakistan. Lahore: Muslim Academy Urdu bazaar. p.124.
8. “New Encyclopaedia Britannica” (2002) Ed: 30 vol.: Encyclopaedia
Britannica Inc: William Benton Pub. :, Chicago 2003). p.21.
9. Peterson, David and Charles W., Thomas. (1975). Corrections: Problem and
Prospects. New Jersey USA, p.17.
10. Garland, David (2001). The Culture of Control: Crime and Social Order in
Contemporary Society. Chicago: University of Chicago Press. p.204
11. Annual Report for 2003 and resource material series no. 61 Tokyo, Japan:
UNAFEI. p.97
12. Maguire K., And A. Pastore (1995). Bureau of justice statistics: Sourcebook of
criminal justice statistics-1994. Washington, DC: US. Department of Justice,
USGPO.
13. Ibid, p.132
14. Bokil, M.K. (1969) “Probation Offenders Act, 1958”, Samaj Seva, p.24-26 .28
15. Gullen F., and K.Gilbert (1982). Reaffirming rehabilitation. Cincinnati, OH:
Anderson.
16. Research for this paper was conducted in Japan under a Fulbright grant and the
sponsorship of the Rehabilitation Bureau and Correction Bureau of the Japanese
Ministry of Justice. Study of the operations of he Rehabilitation Bureau would have
been impossible without the firm support of successive Directors General: Keiji
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Kurita, Kunpei Satoh. Tsuneo Furuhata. And Hiroyasu Sugihara. A number of staff
members provided extraordinary assistance and insights, especially Masaru
Matunoto, Director of the Supervision Department of the Bureau.
17. Goff man, E.(1961). Asylums: Essays on the Social situation of mental patients
and other inmates. Garden City, NY: Anchor Book.
18. Auulakh, Abdul Majeed A.M. (1986). Criminal Justice: Crime, Punishment
and Treatment in Pakistan. Lahore: Muslim Academy Urdu bazaar. p.126
19. Applegate, B.K., F. Cullen and D.S. Fisher. (1997). Public support for
correctional treatment: the continuing appeal of the rehabilitative ideal. Prison
Journal 77: p.237-258
20. Ibid, p.324
The author Mazhar Hussain Bhutta is a PhD scholar, University of Punjab and has done his MPhil
on Probation and Parole, a neglected area in Pakistan. The author is a committed scholar and his
work on alternatives to prison system in Pakistan will be a great achievement in the field of
criminological literature.