Building bridges, not bars: The need for Community Justice Centers in India --- R. Karunanidhi, Advocate

Building bridges, not bars: The need for Community Justice Centers in India - R. Karunanidhi, Advocate https://www.barandbench.com/columns/the-need-of-community-justice-centers-in-india

A recent observation by the Hon’ble Madurai Bench has brought to light in the urgent need of reformative measures in handling juvenile cases in India. While granting bail to a 19-years old youth, the Court lamented lack of sensitivity shown in handling juveniles and stressed the importance of introducing a reformation project for juveniles across the State to prevent them from becoming notorious criminals and to enable them to enter mainstream society (Jana Vs State). This issue brings into focus the potential of Community Justice Centers as transformative institutions in India’s judicial system. My recent visit to the Midtown Community Justice Center (formerly Midtown Community Court) in New York City, as part of my International Visitor Leadership Program in October-2024, offered me valuable insights into an innovative approach to justice that could inspire similar efforts in India. The Midtown Community Justice Center gives two messages to the society. There are consequences to the crime and the Accused must pay back to the community through painting walls, cleaning streets or making the parks more habitable. The second message is that the Court is available to help the Accused for reformation. WHAT IS THE MIDTOWN COMMUNITY JUSTICE CENTER (COURT) The Midtown Community Justice Center operates with a distinct philosophy, focusing on rehabilitation and reformation rather than mere punitive measures. It looks entirely different from how the proceedings in Indian courts are conducted. Even though our system does have similar provisions with respect to juvenile offenders, it does not support dismissal of prosecution completely in order to give a chance for the offenders to reform themselves, with respect to the other offender albeit, the offences are minor in nature. Besides employment related issues, it is not uncommon that our citizens are frequently facing issues to get their passports just because some criminal cases even for minor offences are registered and pending against them. During one of the program visits, I had seen an Accused who was charged for a minor offence of house trespass in the Midtown Community Justice Court Hall at New York City. I came to know that it was the last day of course completion for the accused and the judge handed over the certificated for the completion of the 6 months’ training. The Judge advised him that he should concentrate on his studies and work for his future goals. The judge congratulated him for his successful completion of 6 months’ training period and dismissed the case filed by the State. The dismissal of the case won’t be a barrier for entering into public employment and even for any uniform service in the United State of America. The Midtown Community Justice Center is a part of the New York City Criminal Court. The Midtown Community Center was established in 1993 in New York City as collaboration between the New York State Unified Court System and the Center for Court Innovation. The entire process is assisted by some Non- Governmental Organization who has partnership with the court. This Court relies on partnerships with local residents, businesses, and social service agencies to organize community restitution projects in providing on-site social services, including drug treatment, mental health counseling, and job training. Unlike most conventional courts, the Midtown court combines punishment and help, requiring low-level offenders to pay back the neighborhood through community service while mandating them to receive social services to address the problems that often underlie criminal behavior. Community Justice Center encourages restoration by allowing offenders to contribute positively in the society, improve new skills, and construct a sense of responsibility. After filing a case report, the District Attorney’s office will decide whether the particular case can be referred to the Community Justice Center by considering whether the offence is only misdemeanor like drug usage, illegal vending, Prostitution and house trespass, etc. The District Attorney Office will look into the nature of the offences and the bad antecedents of the Accused. If the District Attorney feels that the case can be sent for the Community Justice Court, then the case will be referred to the Community Justice Court after getting consent from the Accused. There is always choice for the accused for facing the trial and it is only an alternative to the Accused. The important aspect of the Community Justice Court is that there will not be any Punishment or fine to the Accused. Instead, the accused will be sent to a 6 months community service program that includes work like cleaning the road, packing the kitchen made food items, folding clothes, painting and other some community based work. SIGNIFICANCES OF THE MIDTOWN COMMUNITY JUSTICE CENTER: Several challenges existed thirty years ago when this court was started in New York City. The Public as well as the police officials opposed this innovative project because of fearing about public safety standards. However, after seeing the positive outcome, now people as well as police have accepted the community service as a form of punishment and now it is considered a successful as an alternative to incarceration. During 1990-s there were more than 20,000 persons Accused and detained in the New York City jails. After the establishment of the community justice center the number of jail inmates have drastically come down and presently only 6,000 prisoners are under custody in New York City Jails. The young person who is involved in a minor offence also cannot get public employment in India by citing moral turpitude, etc. in a case, a 23 years old young person was denied employment on the ground that he was involved in a peaceful protest against the State Government Education Policy nevertheless the criminal case was quashed by the High Court. Subsequently after the direction of the High Court he got employment in the Uniform Service as Police Constable (Arunkanth- Vs- TNUSRB). In many cases, young people lost public employment due to his/her involvement in minor offences since his/her involvement in the criminal case is reflected in the records and he/she is portrayed as a criminal. In my experience one young person has been selected for the post of constable in the Indo Tibetan Border Police Force but he could not get the job due to the pendency of a traffic- related minor offence registered under the Motor Vehicles Act, 1988 (Vishnu –vs- State of Tamil Nadu). It is difficult to observe that even such minor offences/activities of young people, do affect the entire future career or dreams for the future. LEGISLATION TOWARDS THE REFORMATION IN INDIA We have the system under the Probation of Offenders Act, 1958. This Act was enacted in order to provide for the release of offenders of certain categories on probation or after due admonition and for matters connected therewith. However, this Act is not as reformative as the community justice court. Section 19 of the Juvenile Justice (Care and Protection of Children) Act states that a juvenile who has committed an offence and has been dealt with under the provisions of this act shall not suffer disqualification, if any, attaching to a conviction of an offence under such law and further the Juvenile Justice Board shall make an order directing that the relevant records of such conviction shall be removed after the expiry of the period of appeal or a reasonable period as prescribed under the rules. However, in many cases the stigma attached to the juvenile in our society with regard to the criminal cases, becomes a hurdle for them entering into public employment. The Indian Penal System designed for colonial subject, which aimed to suppress and control the crimes, the same philosophy has not changed, even in the recent amendment of criminal laws. The introduction of community service as a form of alternative punishment in the Bharatiya Nyaya Sanhita (BNS) is good for restorative justice but there is no system to implement the same in India. Well- defined guidelines and public and collaboration of public and civil society organizations are necessary to implement the same. The state or central Government may take an example of Mid Town Community Justice Center as a pilot project for implementing the community service. NEED OF THE MIDTOWN COMMUNITY JUSTICE CENTER: One such occasion the Madras High Court imposed condition while granting order of bail that the Accused should undergo social service at Gandhi Museum, Madurai. A District Judge imposed a condition while granting Anticipatory Bail to the Accused to uprooting the harmful trees. These are some of the innovative steps from the Judiciary but it requires a systematic legislation combined with Rules. It is necessary for the State Governments as well as courts of law to play the parental role to reform and rehabilitate the first time offenders as a doctrine of parens patriae. There are many circumstances such as poverty and social status that are the causes for the increase of offences in the society. As Justice V. R. Krishna Iyer rightly said, “the law barks at all but bites only the poor, the powerless, the illiterate, disadvantaged populations and the ignorant”. The Welfare piece of legislation and proactive judgments are needed instead of punitive for first time offenders, especially for minor offences. It can also reduce recidivism by addressing the underlying causes of criminal behavior and promoting social reintegration. Indian prisons have an overcrowding issue and hence the alternative community service justice system is required in India. If an accused wants to accept the offence and go for some meaningful exercise, then this Community Justice Center will be the best one. It is kind of one-time opportunity for changing his/her future career. If the accused conscience insists to accept the guilty the accused can exercise his choice to use this system. Generally, the Indian Criminal Justice System imposes fine or punishment in India instead of giving an opportunity to reform them. The Indian Judicial system grants punishment to the minor offender which sometimes leads the Accused to become a major criminal in society. Everyone knows that when a first time offender enters the usual jail he may become a strong anti-Social criminal due to his association of habitual offenders detained in the same jail. The Reformation aspect to the misdemeanor is needed in our Criminal Justice System. The Criminal Justice System must therefore, have a Reformative approach towards the Accused for building a better society. No one is born as criminal in society but the circumstances make the person to become an offender. We cannot uphold the offences as right but we can make the offender a good person. It is necessary to give a chance and provide appropriate training for the changes of mindset in the offender. Hence Indian society certainly needs the courts similar to Midtown Community Justice Center for low level minor offences.