Aftercare services in India

Sebi.S
Govt. Law College
Ernakulam

 A person after completion of his sentence, released
from correctional institution, has to be settled in
society, and at this crucial time, he needs help of
the society.
 The term ‘Aftercare' refers to the programme and
services organised for the rehabilitation of inmates
released from correctional institutions.
 Aftercare presupposes a period of stay and
treatment in an institution which may be
reformatory, certified school, Borstal or a prison.
 After- care plays an important part in any
integrated programme of crime prevention.

 The hardest part of punishment is that ex-
prisoners, particularly young ex-prisoners, will have
to face is when they come out of the correctional
institution.
 To render aftercare services is a significant
segment of the total strategy of the integrated
corrections.
 After-care means to take care of the ex-prisoners,
after the release from correctional institutions, so
that he does not repeat the crime.
 The after care is most important and necessary for
both ex-prisoners and society and it aims at social
and professional rehabilitation of ex-prisoners.
 They should be made self-reliant, honest and fit to
live a free life of freedom through these after
care services

 ‘Aftercare' may be defined as any programme or
services organized for the rehabilitation of :
 Inmates released from institutions, or
 Persons suffering from physical or social
handicaps on account of circumstances beyond
their control.
 The term ‘after-care’ can be used to refer to the
programmes and services organized to complete
the process of rehabilitation of socially or
physically ‘handicapped’ individuals or groups
which have been begun and carried up to a
particular stage in an institution.

After-care services can be:
Voluntary
It is voluntary when the ex-inmate or the destitute
can by his free volition accept or reject it.
Compulsory.
It is compulsory where the law makes it obligatory
upon an ex-inmate or a destitute to come under
the supervision of the aftercare organisation.

 An ‘after-care programme is a programme which
follows upon a programme of ‘care’.
 It is a service intended for persons who have
undergone a certain period of ‘care’ and ‘training’
within an institution.
 Aftercare services is a facility for person or group of
persons who has been found to be in special need by
reason of a social, physical or mental handicap.
 Aftercare services is intended to complete the
process of rehabilitation of an individual and to
prevent the possibility of his/her retrogress into a
life of dependence or custodial care.
 It will help to strengthen his moral and emotional
values and the removal of any stigma that may be
attached to or associated with his/her previous
institutions.

 Subsistence money to cover initial expenditure after
release, till such time as the released person reaches
his/her family or obtains employment.
 Provision of food.
 Temporary accommodations till housing arrangements are
available.
 Assistance in securing housing in urban areas. (Stay in a
District shelter/Aftercare Hostel/State Home, wherever
available.)
 Assistance in securing apprenticeship in a
workshop/technical institute/industry/trade.
 Assistance in starting a cottage industry, any small
business trade, or a small stall.
 Assistance in getting land, agricultural equipment, draught
or milk cattle, and seeds for those opting to take up
agriculture.

Assistance in starting a small diary, poultry, duck,
or sheep/farm/piggery/vegetable gardening/seri-
culture/bee-keeping.
Liaison with and assistance to prisoner’s family
during the period he/she is serving a prison
sentence
 Supply of artisan’s tools or trade equipment.
 Help in maintaining continuity in relationship with
family, neighbours, employers and community.
 Preparing the family, employer and neighbours for
receiving the individual after release.
 Assistance in getting employment.
 Guidance in getting married and setting up a home and
resettling in life.
 Liaison with local police so that she/he is not harassed
unnecessarily.

 Extending help, guidance, counselling, support and
protection to all released prisoners, whenever
necessary.
 Helping a released person to overcome his/her
mental, social and economic difficulties.
 Helping in the removal of any social stigma that
may have been attached to the inmate or his/her
family because of his incarceration.
 Impressing upon the individual the need to adjust
to his/her habits, attitudes, approaches and
values to a rational appreciation of social
responsibilities and obligations and the
requirements of community living.

 Helping the individual in making satisfactory
readjustment with his/her family, neighbourhood,
work group, and the community.
 To reintegrate and rehabilitate an ex-inmate to
society after his release from an institution so as
to prevent him from his relapsing into a life of
crime, delinquency or dependence.
 To help the offender to re-socialize by individual
treatment.

 The first instrument was adopted in the form of Standard
Minimum Rules for the treatment of prisoners by the First United
Nations Congress on the Prevention of Crime and the Treatment of
Offenders, held at Geneva in 1955, and approved by the Economic
and Social Council by its Resolution.
 From the beginning of a prisoner’s sentence consideration shall be
given to his future after release and he shall be encouraged and
assisted to maintain or establish such relations with persons or
agencies outside the institutions as may promote the best
interests of his family and his own social rehabilitation.
 The released prisoners be provided with appropriate documents
and identification papers, and provide suitable homes and adequate
clothes.

 The concept of after-care of prisoners in the United
Kingdom can be traced as far back as 1776, where a
prisoner released became entitled to monetary
assistance along with clothing under the Act.
 The concept received impetus towards the end of the
eighteenth century when voluntary societies sprang
into existence to render assistance to discharged
prisoners.
 The Discharged prisoners’ Aid Society was created in
1880.

The main objects of Discharged prisoners’ Aid Society
were:
 To encourage the maintenance of Discharged
Prisoners’ Aid Society in connection with every prison
in England and Wales.
 To provide a centre of information as to the best
means of assisting youthful and other offenders.
 To concert means for the reclamation and after-care
of discharged prisoners.
 To educate the public with regard to the value and
importance of the work of the discharged prisoners
aid society in general.
 To assist the Local Discharged Prisoners’ Aid Societies
by making grant, by giving advice and by rendering
such assistance as may be asked for.

The National Association of Discharged Prisoners’
Aid Societies came into existence in 1936.
 The administration expenditure of the association
is financed by public funds but it is managed by a
committee elected by the local societies.
 An important recommendation which implemented
was the appointment of trained and qualified social
case-workers as prison welfare officers by the
association.

The categories of prisoners to receive compulsory after-care
should be in a order of the following priorities:
 Adult prisoners serving a sentence of imprisonment of
twelve months or more who have served only one previous
sentence of imprisonment.
 Adult prisoners serving a sentence of four months or more.
 Adult prisoners serving a sentence of more than three
months who have served only one previous sentence of
imprisonment.
twelve months or more who have only two previous
sentences of imprisonment.
 Adult prisoners under 26 at the time of conviction and
serving a sentence of more than three months.
twelve months or more who have one or more previous
sentences of imprisonment.

 The welfare officers are responsible for attending the
social and domestic problems of prisoners during their
sentences and planning their future on release.
 All prisoners who have served a sentence of four years or
more are given a complete outfit of clothing and those who
have served lesser sentences have the deficiencies in their
clothing made up.
 The Ministry of Labour takes the primary responsibility of
finding employment for the discharged prisoners’ through
the Employment Exchange.
 In 1958, the Advisory Council on the Treatment of
Offenders’ recommended that:
 (a) There should be compulsory after-care defined by
statute for certain categories of prisoners;
 (b) The prisoners who receive compulsory after-care
should be selected by the sentencing court or by a case
committee.

The compulsory after-care should be applied to categories such as:
 Adult prisoners serving a sentence of imprisonment of twelve
months or more who have served only one previous sentence of
imprisonment, and
 Adult prisoners serving a sentence of four months or more;
immediately and gradually extended to other categories.
 The period of after-care should be twelve months from the date
of release in every case.
 The condition of the license should be less peremptory, although
stated with precision.
 A breach of the conditions should make the licensee liable to be
recalled to prison by the Prison Commissioners.
 In 1967, The Central After-care association was abolished and
probation officers became directly responsible for all form of
compulsory supervision for discharged offenders.
 This responsibility was again extended in 1968 to persons released
on parole, a new form of conditional release in the Criminal Justice
Act, 1967.

 Next came the establishment of statutory services.
 The Department of Health and Social Security has the
general responsibility for meeting the financial needs of
discharged prisoners.
 Where a discharged prisoners or a young person released
from Borstal institution has asked for after-care on a
voluntary basis, which cannot be met from other
statutory or charitable sources, financial assistance may
be made from the befriending fund.
 Where a person is released from an institution, he is
placed under supervision for two years from date of his
release.
 Probation officers are responsible for the supervision
and after-care of the released inmates.
 Therefore, it appears that the after-care service in
England is fairly comprehensive and embraces all stages
of the rehabilitation process of the institutionalized

Juvenile After care in USA is defined as :
 The release of a child from an institution at a time
when he can best benefit from release and from life
in the community under the supervision of a
counsellor.
 The existing system for the aftercare of juvenile
varies from state to state.
 The period of aftercare varies from less than one
year to one year or more.
 The aftercare work is diverse and ranges from
superficial supervision consisting of a juvenile monthly
written report to sophisticated innovations.

A committee known as special Committee on Correctional Standards was
appointed by the Staff of the President's Commission on law
Enforcement and Administration of Justice in 1965.
The following are some of the recommendations relevant to aftercare :
(a) The law should provide that commitment to a training institution is for
an indefinite period .
(b) The law should give the agency having legal custody of the child the
right to determine when the child shall leave the institution.
(c) Diversified aftercare services and facilities should be available for
children returning to the community. They should include foster homes,
foster group homes and resident homes for children or those children
who are unable to return to their own homes or the homes of relatives
or foster families.
(d) The programme of training in the institution should include the
preparation and counselling of youths for their return to the community.
(e) Every child entering an institution should be released under an
aftercare programme.

The Singapore Aftercare Association was founded in 1954.
 It is a voluntary association which is assisted by a
government grant.
 The Association is managed by an Executive Committee
elected by the members and the membership of the
Association is open to the public.
 Certain government departments are represented by
ex-officio members on the Committee.
 Regular committee meetings are held throughout the
year and the three essential functions of the Association
are dealt with by sub-committees which are appointed by
the Executive Committee.

The functions of these three sub-committees include:
(a) Welfare sub-committee.
 The main function of this sub-committee is the
aftercare of discharged prisoners.
 The aftercare officer of the association, who is a paid
worker, is responsible for interviewing and serving the
discharged prisoners in the first instance and making
recommendations to the sub-committee.
Apart from monetary assistance, the committee is
responsible for disbursing relief in kind (clothing and
food) and obtaining employment for discharged
prisoners.
(b) Industries sub-committee.
 This sub-committee is responsible for the vocational
training in various trades and skills for discharged
prisoners and obtaining employment for them in the
Industries Section of the Association itself.

(c) Planning sub-committee.
 The planning sub-committee is responsible for
the staff of the Association and for fund-raising
activities.
 The most ambitious scheme of the committee is
the proposed rehabilitation and vocational training
centre which would provide training facilities for
about hundred prisoners.

 The concept of aftercare in India had very little relevance and
application until 20th century.
 The Indian Jail Conference, 1877 held in Calcutta had for the first
time discussed the question of the helping of ex-convicts, but no
positive steps were taken.
 The North-West province Oudh(now Uttar Pradesh), was the first
Province in India, which had taken up the question of aftercare in
1891.
 Sir John Taylor, then Inspector-General of Prisons, laboured hard
to establish a Central Society for the purpose of affording aid to
the indigent deserving prisoners, on discharge.
Sir John Taylor provided the inmates with implements, to follow the
trade they had learnt in the jail, and also subsistence allowance to
maintain themselves for a month and of securing them suitable
employment, so that they may not on release find themselves
subject to difficulties and temptations that arise from want and
idealness.

 The efforts of Sir John Taylor bore fruits in the
formation of a society in 1894.
 A Discharged Prisoners Aid Society was organised as a
non-official agency in Uttar Pradesh, and these societies
were organized in Bengal(1907) and Bombay(1914), but
these societies could not continue to function for want
of government support and public sympathy.
 In few States, some committees were established in
order to help the prisoners on their release.
Simultaneously, steps were taken by the Provincial
Government to help the discharged prisoners, and the
Discharged Prisoners Aid Societies were formed in many
Provinces in the country.
 The object of such societies was mainly to help the
released prisoners in their social and economic
rehabilitation in the community.

 A Discharged Prisoners Aid Society was organised in
Bengal in 1907 and the West Bengal Aftercare
Association of Juveniles and Adolescents was
established in 1928.
 The West Bengal Jail Code Revision Committee was
set up by the State Government on August 10,1977
and considered and addressed transfer of prisoners,
correctional services, rights of prisoners, aftercare
and prepared a syllabus for officers training college.
 The Indian Jail Committee, 1919 brought into focus
the need for shifting the emphasis from punishment
of offenders to their reformation.
 An advisory Committee on Aftercare Programmes was
appointed by the Central Social Welfare Board in
1954 under the Chairmanship of Professor M.S Gore
was a landmark development in giving aftercare
services.

 A Working Group was constituted by Government of
India in 1972, which defined correctional aftercare as
a very essential step in the criminal justice system.
 The Action Plan was brought up by the All India
Committee on jail Reforms in 1980 which also
emphasised on the establishment of Aftercare Homes
to meet the immediate needs of released prisoners
for the proper readjustment in the society.
 A well rounded scheme for the welfare of prisoners in
term of their aftercare and rehabilitation was
formulated under the seventh five year plan was
circulated among all the states and union territories
for consideration.

 In 1995, the work relating to prisons was assigned
to the Bureau of Police Research and development
by the ministry of home affairs .
 In 1996 in the case of Ramamurthy v. State of
Karnataka, the apex court brought to the fore an
urgent need for bringing uniformity in laws
relating to the prisons and directed the Central
and State uniformity in laws relating to the
prisons and directed the Central and State
governments to formulate a new model prisons
manual.
 A committee was constituted at the national level
for the formulation of a model prison manual in
2000 and the committee formulated the model
prison manual 2003.

 Article 39 (f) of the Constitution of India specifically states that
the state shall, in particular, direct its policy towards securing
that ‘the children are given opportunities and facilities to develop
in a healthy manner and dignity and that childhood and youth are
protected against exploitation and against moral and material
abandonment.’
 The article specifically requires the state to ensure of its people
adequate means of constitutional-maker envisaged development in
social, economic and political fields, they did not desire that it
should be a society where a citizen will not have the dignity of
individual.
 The philosophy of the concept of after-care is reflected in Art. 39
(f). The after-care homes are built with an objective to help the
institutionalized juveniles, not in the fixed four walls of any
boundary, but in an atmosphere where they are given the facilities
to develop and grow in a healthy manner with their freedom and
dignity.

J. J. (CARE AND PROTECTION OF CHILDREN) ACT,
2000 AND AFTER-CARE:
 The Juvenile Justice (care and protection of children)
Act, 2000, provides guidelines relating to process of
rehabilitation, after-care organization and co-
ordination for juvenile.
 Section 40, of J. J. Act, 2000 states that the
rehabilitation and social reintegration of a child shall
begin during the stay of the child in a children’s home
or special home and the rehabilitation and social
reintegration of children shall be carried out
alternatively by:
(i) adoption;
(ii) foster care;
(iii) sponsorship; and
(iv) sending the child to an after-care organization

The State Government, under section 45 of the J.
J. Act may make rules to ensure effective linkages
between various governmental, non-governmental,
corporate and other community agencies for
facilitating the rehabilitation and social
reintegration of the child.
Under section 44 of the J. J. Act, 2000, the state
Government, may, by rules made under the Act,
provide:
(a) For the establishment or recognition of after-
care organizations and the functions that may be
performed by them under this Act.

(b) For a scheme of after-care programmes to be
followed by such after-care organization for the
purpose of taking care of juveniles or the children
after they leave special home, children homes and for
the purpose of enabling them to lead an honest,
industrious and useful life.
(c) For the standards and the nature of services to be
maintained by after-care organizations;
(d) For such other matters as may be necessary for the
purpose of carrying out the scheme of after-care
programme for the juvenile or child.
AFTER-CARE AND MODEL PRISON MANUAL, 2016:
The Model Prison Manual, 2016 provides guidelines
relating to the process and planning and functioning of
after-care and the role of
Probation/Welfare/Correctional Officer.

PLANNING OF AFTER-CARE:
 Planning for after-care should be initiated immediately
after an inmate’s admission in the institution.
 After-care should be in the interest of the individual, and
based on his needs.
 While planning post-release assistance, factors like the
inmate’s personality, his weaknesses and strengths,
limitations and capabilities, and his rehabilitation needs
should be taken into consideration.
 The inmate’s desires for post-release help should be
considered on a practical and realistic basis.
 From the time of a prisoner’s admission into prison,
consideration should be given to his post- release needs and
he should be encouraged and assisted to maintain or
establish such relation as may promote the best interests of
his family.
 Special attention should be paid to the maintenance and
improvement of such relations between a prisoner and his
family, as are desirable in the best interest of both.

 Generally it is not appreciated that punishment
for crime does not terminate with serving out the
sentence.
 A criminal record is a lifelong handicap
particularly in societies which are not mobile.
 In a rural setting an ex-convict suffers a severe
stigma than that suffered by his counterpart in
the more mobile urban society.
 Immediately after his release an ex-inmate faces
a number of handicaps. It includes social stigma,
loss of certain civil rights, loss of employment,
etc.

A. SOCIAL STIGMA.
 Society attaches a stigma to an ex-inmate regardless of
any sublimation that he might have achieved during his
detention.
 He might have made substantial progress in accepting
social responsibility on account of his sense of genuine
repentance for his past misconduct but society does not
accept him without mental reservations.
 In spite of correctional attitude adopted by many
prisons and allied institutions, it has been observed that
prolonged institutionalization results in physical and
mental disintegration on account of a deadening routine
and little or no contact with free society.
 During detention his wife and children may desert him
or after release may turn against him. Even his
resolution to adopt a lawful path is weakened by this
sense of social rejection.

B. LOSS OF CIVIL RIGHTS
A person convicted of certain crimes loses some civil rights.
The quantum of such loss differs from crime to crime and
from country to country.
In some states of the United States of America, a person
convicted of an infamous crime is legally dead.
A few states invoke such a harsh form of ignominy. Most
states, however, deprive the convicted man of some civil
rights.
Depending upon his residence he may find himself deprived
of one or more of the following :
 the right to vote;
 the right to testify as a witness or serve as a juror,
 the right to hold an office;
 the right to make a contract;
 the right to marry (in some States conviction gives a
ground for divorce by the spouse);
 the right to take a federal civil service examination.

In the United Kingdom a released prisoner may
rejoin society without one or more of the
following rights depending upon the crime for
which he was convicted:
 Loss of citizenship by a naturalized person if he
is sentenced in any country to imprisonment for
not less than twelve months within five years
after becoming naturalized;
 Forfeiture of public office, pension or
superannuation allowance;
 Incapacity to exercise his franchise or hold any
public or elective office;
 Incapacity to hold a driving licence etc.

Conviction for certain offences in India also results in
the loss of some civil rights.
Section 10(d) of the Citizenship Act, 1955 prescribes
that a citizen by naturalization or registration loses his
citizenship if he has, within five years of its
acquisition, been sentenced in any country to
imprisonment for a term not less than two years.
Under sections 139 and 140 of the Representation of
People Act, 1951, conviction for offences therein
entails disqualification for membership of Parliament
and of the state legislatures.
Right to suffrage may be lost under section 141 of the
said Act in cases of conviction under certain election
offences.
The Motor Vehicles Act, 1939 and the Indian Arms Act,
1959, also lay down certain offences, conviction for
which disqualifies a person from holding licences under
those Acts.

C. SURVEILLANCE BY POLICE
The police is expected to protect society from known
criminals who have come out after serving out their term.
It is with this object in view that they are subjected to
surveillance in almost all countries of the world.
Police regulations of all the states in India prescribe
different periods and degrees of surveillance over the
known depredators.
This legitimate surveillance which ought to be obtrusive so as
not to hinder the process of rehabilitation of an ex-
offender, is sometimes carried on in such a fashion as to
cause undue harassment and exposes even an ex-prisoner
to social victimization.
Rules of surveillance are applied mechanically and they thus
hamper even a penitent ex-convict from starting a fresh
life.

 D. DIFFICULTIES IN GETTING EMPLOYMENT
Unemployment is the most pressing difficulties
faced by an ex-inmate.
In the event of his not getting any job in spite of
some training in an institution, he is forced back
into a dishonest way of life.
Before enlisting any person into service each
government department verifies his character and
antecedents.
Except in a few states previous conviction generally
entails rejection for employment under the
government.
Amongst the private employees there is a prejudice
against ex-inmates on many counts.

 Firstly, it is believed that they cannot be placed in
positions of trust like handling of cash or valuables.
 Secondly, it is taken for granted that prison system
breaks down a man and often spoils him by not insisting
on good work habits.
 Thirdly, stigma of being an ex-convict may bring bad
name to the employers which may affect their business
adversely.
 The difficulties of securing a gainful employment for an
ex-inmate become almost insurmountable in an
underdeveloped economy like that of India where a
sizable portion of the population is unemployed and
underemployed.
 These difficulties are further magnified in a
predominantly rural economy where villagers do not give
them any work on account of their antipathy towards
them.
 Moreover, a prolonged stay in an institution creates a
psychology of dependence making him less adaptable in
a comparative market.

E. PSYCHOLOGICAL DIFFICULTIES IN ADJUSTMENT.
The way of life that an inmate lives in prison proves a handicap
when he returns to the community.
The Institution imposes an artificial mode of living far different
from social habits that are required for harmonious social living.
Effects of a short-term imprisonment may be shaken off easily
after return to the community but a prolonged stay in the
institution may make adjustment to the conventional society
extremely difficult.
Unnatural atmosphere of the institutional life may cause the
development of certain oddities in the prisoner's behaviour
which may make his readjustment in society difficult.
Unless he himself makes a conscious effort to improve himself, it
becomes difficult for him to readjust in the community.
Certainly, a prison with its subculture of the worst type cannot be a
place for the re-socialization of the offender or changing his
attitude towards society.

 It is generally agreed that aid to discharged
prisoners by aftercare societies should begin in the
prison which will afford an opportunity to the
members of such societies to become acquainted with
their clients.
 Aid should continue upon discharge and should include
moral and material assistance culminating in a job.
 If the aim of punishment is reformation of the
inmate, then corrective measures should be adopted
immediately after he enters an institution.

A. Healthy surrounding and recreation
The old type of prisons merely aimed at maximum degree of
security, social and physical isolation of inmates and a restrictive
type of life.
Some old Borstals, approved schools and other institutions did not
appear to have healthy surroundings and still laid too much
emphasis on security.
In spite of the known ill-effects of the prison system society is yet
not prepared to do away with it altogether. Therefore, it
becomes essential to improve upon the system by introducing
some corrective measures which will reduce its ill-effects.
The first step in this direction is the provision of neat and healthy
surroundings equipped with modern amenities which would divert
their mind from their principal interest in life, i.e., commission of
crime.
The leisure hours should be filled with recreation so that their
minds cease to hover over crime.

 A variety of recreational outlets which include sports
and athletics, arts and crafts, music, drama, motion
pictures, and radios can be provided to inmates.
 The range of possibilities for recreations should be
extended so that boredom does not deaden the soul.
 Some states in India have started the open prisons on
an experimental basis with minimum security
precautions.
 A bold step in this direction was taken by opening
Sampuran and Camp at Ghurma in Uttar Pradesh where
1700 inmates are kept under conditions approaching
normal life.
 They are employed on quarrying and breaking limestone
and are paid wages.
 These conditions have considerably reduced the evil
consequences of the prison system.

B. Education
Education has been, from the beginning, regarded as one
of the methods of improving the personality of inmates.
Education extends to an inmate every type of
opportunity which may equip him to live cooperatively in
society.
It may be divided into two categories—
(a) general education and (b) vocational training.
The former is intended to develop the personality of the
individual in such a way as to impart traits required for
acceptable social behaviour.
It must be mainly guidance.
The objectives to be obtained may be removal of
illiteracy, changing attitudes, elimination of complexes
and development of willingness to adjust in society.

A good library should be provided for the
inmates to enable them to broaden their
outlook and interests.
With the spread of literacy, letter writing has
assumed tremendous importance.
It keeps an inmate in touch with his family and
the outside world.
It reduces morbidity of institutional life,
stimulates his social instincts and contributes
towards his reformation.

C. Vocational training
The inmate on his release has to face a highly
competitive and rapidly changing world. The
importance of vocational training include:
To enable him to earn a living by honest means he must
be trained and equipped adequately for employment
which provides him with basic necessities of food,
shelter and clothing.
A programme of vocational training need to be given in
the institution which should be chalked out after
taking into account his needs and employment
opportunities outside, especially in the area from
where he comes.
A wide variety of vocational skills should be offered to
meet the needs of personal satisfactions and potential
economic utility in future.

Personality problems, particularly vocational aptitude of each
inmate should be scientifically studied by a trained
psychologist in order to help him to become a well-adjusted
individual receptive to the training, that is carefully
selected and imparted to him.
He should be made to cultivate good work habits. Some
trades like weaving, carpentry, black smithy, tailoring, and
printing are being taught in Indian institutions without
much regard to their rehabilitative capacity.
These trades can hardly be of any benefit to a farmer who
comes from a rural area and has to return to his land after
his release.
Instead, a training in improved methods of farming will be
more useful to him. Time has also come when more
sophisticated skills such as motor mechanics, radio and
watch repairing etc., should be introduced as they are
more lucrative and suitable for the educated inmates from
urban areas.

D. Religious instructions
The role of religion in shaping personal morality and
conduct has been accepted right from the
beginning.
Religious preceptors, therefore, played important
part in prisons.
Religion often provides a safe anchor to a drifting
man.
Many a man facing moral crisis has been saved by
the solace provided by salutary doctrines
enshrined in religious books. So religious or moral
training should form an important part of prison
education.

 Aftercare institutions have to render all kinds of
help to the released prisoner which would result
in his final re-adjustment and rehabilitation in
society.
 The aftercare worker should try to establish
relations with the prisoner before his release and
start preparation as per his needs.
 The various aspects of aftercare which require
pointed attention are :

 It is just possible that long-term prisoners would find,
after release, that their properties are forcibly
occupied either by their own relations or by others.
 In the absence of any legal aid available to the ex-
prisoners from the State, the aftercare association
must enlist the help of such spirited lawyers who would
be willing to render their services either free or on
nominal charges to be met by the association.
 This function can best be discharged by the official or
non-official legal aid societies.
 Certain Non-governmental organizations also render
free legal aid.

The concept that 'once a criminal always a criminal' is so deep seated
in our society that the ex-prisoner never hopes to regain his status,
howsoever reformed and changed person he may be.
He is always viewed with suspicion and distrust. In the circumstances,
the work of the aftercare agent becomes all the more difficult.
He not only has to build up faith and confidence in the mind of the ex-
prisoner for correctional philosophy, but also has to educate
society to accept him with sympathy and consideration.
Society must be made to realise that outright rejection of an ex-
prisoner is detrimental to its larger interests.
In case the ex-prisoner is not reformed and absorbed in the main-
stream of society, he will be compelled to lead a criminal life and
society will pay for his depredations.
Family is the basic unit of our social structure and, therefore, the link
between the prisoner and his family should be maintained.

 The aftercare worker is to ensure that
harmonious relations are maintained between the
prisoner and his family.
 He should try to arrange frequent visits between
the two. There may be cases where the prisoner
is the sole bread-winner and during his absence
his family is put in a great financial hardship.
 The aftercare association itself should arrange to
provide necessary assistance to the family and
also through other social service agencies who are
willing to help the prisoner's family so that the
family should be well prepared for the ultimate
rehabilitation of the ex-prisoner in the larger
society.

C. Marriage
 In many cases marriage would be profitable to keep a
criminal away from the dangerous path of crime.
 Once he is used to family life and develops
attachment for the children, he will think a number of
times before adopting a dubious ways of life.
 A "sweet home" often works as a healthy restraining
factor. A successful marriage is considered to be the
best way to reform and rehabilitate fallen women and
ex-prisoners.
 The work done in this respect by the Government
Aftercare Home for Women at Vellore is worthy of
mention.
 The institution had arranged as many as sixty
marriages within the last five years for its inmates
and fifty eight of these marriages have proved a
complete success.

 As a note of caution, it may be added that the
aftercare agency has to be extremely circumspect
while making a selection from the prospective suitors.
 Only the right type of persons should be selected who
would not subsequently run away from their
obligations.
 At present the screening of the eligible bridegrooms
is done by the probation officers alone.
 Perhaps police help in the matters of verification of
character and antecedents of the would-be
bridegroom would be a welcome step.
 The probation officers should be advised to seek this
help in good time.

D. Clothing, food and shelter
In a number of cases the immediate need of an ex-
prisoner is to find a shelter after his release from
the institution.
Often this unfortunate victim of circumstances has
neither a home nor relations to fall back upon.
No correctional programme inside the institution would
be of much avail, if there does not exist any agency to
help him at this juncture. He should not be allowed to
drift away by the sheer weight of circumstances.
In fact, he should know, before his release, whom to
contact and what kind of help would be available to
him.
This pre-release briefing could be done either by the
prison welfare officer, if any, or in his absence, by the
aftercare worker, who must for the purpose establish
contact with the prisoner while he is still inside the
prison

This would prevent his old associates from welcoming
him outside the prison gate and take advantage of his
helpless condition.
The aftercare home and shelter should provide answer
not only to his immediate needs, but also draw up a
programme for his final rehabilitation in society.
This makes a case for opening a large number of homes
and shelters for homeless inmates throughout the
country to function as transit camps for the ultimate
return from institutions to free society.
Unfortunately, many a inmates had no knowledge about
the existence of aftercare institutions during their
stay in the prison.
They learnt about it casually from some ex-inmates who
had benefited from some aftercare service.

E. Special homes for girls and children
Since the girls and children need special care, they must be
provided with a place which can reasonably compensate for
their own homes.
A number of boys and girls coming out of Borstals,
reformatories and approved schools need a place to be
housed for their further educational and vocational training.
This can only be achieved if the child is saved from
unwholesome atmosphere and criminal surroundings. This can
be provided by these special homes where children would
receive all kinds of care and attention due to a patient
necessary to regain his lost mental and physical health.
The idea is to help, guide and rehabilitate rather than to
condemn and stigmatize.
Similarly, majority of the girls are the victims of social
injustice and unhealthy environment. They are either
misguided or fell prey to the temptations of unscrupulous
persons.

 And once they are marked as delinquents or fallen
women, they cannot hope to return to the social fold
unless helped with sympathy and understanding.
 The aftercare homes will infuse a new spirit in them
by way of security and meaningful work.
 Unfortunately, such homes are very few in our
country, and most of them are maintained by the
state either exclusively or on grant-in-aid basis.
 The people at large still do not seem to be
enthusiastic to help in this great cause of reclamation
and human service.

F. Employment
This is a test project to measure success or failure of any
aftercare plan. Unless the ex-inmate is provided with a job to
support himself and his family, if he has one, no institutional
training or aftercare programme can succeed.
This is specially true in our country where even a normal individual
fails to obtain an employment, what to speak of an ex-inmate.
And there may be some who may question our pleading for
employment for convicts, when ordinary people are without. The
argument, indeed, reverses the whole process of correction.
We should not forget that; rehabilitation of an ex-criminal is for
the protection of the society and not to put premium on crime.
A reformed and rehabilitated ex-criminal does no longer commit
depredations on society but makes his contribution towards the
social well-being as a useful citizen.
So society becomes the greatest beneficiary of his reformation.
Aftercare is thus an effective strategy in the scheme of modern
social defence.

G. Educational opportunities
Reformatories and approved schools provide facilities
for general as well as technical education.
Literacy classes are regularly held in other correctional
institutions as well.
The majority of the adult inmates are illiterate or semi-
literate and schooling helps them to attain a fair
standard of proficiency in their respective trades.
During the course of this study it was found in quite a
number of cases that inmates had even gone up for
higher studies in outside educational institutions and
distinguished themselves as honest citizens in later
life with the help of qualifications acquired in the
institution.

H. Recreational facilities
Every aftercare home should have facilities like
radio, indoor and outdoor games etc. which will
afford healthy diversion and entertainment after
a day's hard work.
This will make the daily routine less irksome and
more interesting, and the inmate will not feel the
strain of institutional life.
In fact, the institutions meant for children and
adolescent boys and girls should have the same
recreational facilities which a normal school is
provided with.

Nowadays jails and other correctional institutions provide for some
kind of vocational training useful for final rehabilitation of an
inmate in society.
In a number of cases the training initiated in a jail or an institution
is not completed. Again, the scope to learn a useful trade or
craft in an institution is so limited that the inmate cannot attain
the required degree of proficiency.
In addition to these, some new occupations can be taught to those
who cannot pick up any trade during their brief institutional life.
Therefore, the necessity to equip all aftercare institutions with
facilities for teaching modern trades and crafts which will enable
the ex-inmates to complete their training with a view to securing
employment in the competitive open market cannot perhaps be
over-emphasized.
Ours is an agricultural country, inmates coming from agricultural
families can profitably be taught modern agricultural techniques
and devices which will be of immense benefit to them when they
return to their fields.

J. Financial Assistance
Modern prisons make use of the process of re-educating the
inmate by providing him with work which is paid for and
thus it gives him an earning.
This affords him an opportunity to save something to assist
his family and utilize the savings, on his release, in starting
a small business or cottage industry.
But even if he has some money to start a new career he
needs advice and guidance to utilize the money in a proper
manner.
This advice can be provided by the aftercare agent in
consultation with the department of industries.
But there may be cases where no or very meagre fund is
available with the ex-prisoner and he will need some
monetary assistance, from the aftercare association.
Before extending this assistance, the case must be
thoroughly scrutinized by the aftercare agent and vigilance
kept on the proper utilization of the money.

It is better if the assistance is rendered in the form of
tools and implements required for a particular trade
rather than in the form of hard cash.
It was refreshing to learn that the commissioner of
police and deputy commissioner of police,
headquarters at Calcutta, are operating a charitable
fund, known as "Claude Martin Fund“, exclusively for
the purpose of welfare of ex-prisoners and
probationers respectively.
Financial assistance from the accrued interest of this
fund is given to ex-inmates on the recommendations
of jail authorities and investigating officers of the
cases in which the ex-inmates were convicted.

A. Kerala
At present, there are seven aftercare homes in
different districts of Kerala.
Their entire expenditure is met by grants-in-aid.
The immediate control of these district aftercare
associations is vested in a committee consisting of
five official and five non-official members.
The aim is to make efforts to rehabilitate and
reclaim habitual offenders from the life of crime,
so as to enable them after release from jails, to
lead honest and respectable lives;

Other functions include:
 To secure employment for ex-inmates in
government and private concerns.
To give boarding and lodging facilities as well as
monetary assistance for starting trades to
discharged prisoners and to provide all other
facilities and assistance to carry on such trade or
other suitable avocations.
 To afford free legal aid to prisoners.
To afford relief to discharged prisoners in case
of indiscriminate police action.
 To contact prisoners even when they are inside
the prison, certified or Borstal schools and such
other institutions.

 To deal with cases referred to the association by the
authorities of correctional institutions;
 To give moral and religious instructions after release
so long as the ex-inmates are under the control of the
association, and;
 The aftercare work in the state is an extension of the
custodial services.
 All institutions in this field are under the
administrative control of the Inspector-General of
Prisons.
 There is also a Central Advisory Board consisting of
official and non-official members, which reviews cases
of premature release.
 Every district has been provided with a probation
officer to conduct pre-release enquiries and post-
release supervisions.
Rescue Home, Ernakulam :
This is an institution established in 1957

The inmates are given training in the production
consisting of garment-making, weaving, tailoring
and envelope-making. Since no proper follow-up
service had been carried out, it is difficult to say
as to how many inmates were successfully
rehabilitated.
Aftercare Home for Men, Trivandrum :
It has an excellently equipped modern printing
press which employs besides twenty-five inmates
and twenty-seven ex-inmates about forty
outsiders.
Aftercare Hostel for Women, Trivandrum :
It is meant for girls and women convicted by the
court, under the Suppression of Immoral Traffic
Act, and provides training in some crafts.

B. Mysore
The state home for men at Hubli and two district shelters at
Mysore and Belgaum provide aftercare facilities to the
discharged inmates from the correctional and non-
correctional institutions.
They are provided with training facilities in tailoring and
carpentry.
 The state homes for women are serving as aftercare
homes also as no independent aftercare homes have been
sanctioned so far for women and girls.
 The State Homes at Bellary and Mysore are provided
with production units to manufacture ready-made
garments, canvas bags, holdalls and handloom cloth.
 The Protection Home at Bangalore admits women and
girls committed by the court under the Suppression
of Immoral Traffic in Women and Girls Act, 1956, for
their training and rehabilitation.

C. Tamil Nadu
The state has got three aftercare homes, one each
for adult males, adult females and boys.
Besides that, the non-official discharged prisoners'
aid society runs a shelter and workshop for
helping the rehabilitation of ex-prisoners.
(1) Aftercare Home for Women, Vellore :
It receives cases committed by the courts under
the Suppression of Immoral Traffic in Women and
Girls Act, 1956, and also women who after serving
their sentence need aftercare and training for
their rehabilitation.

The training centre is equipped with modern sewing
machines and conducts two courses, namely :
1) senior trade certificate course, and
2) junior trade certificate course.
(ii) Aftercare Home for Males, Pallayaram, Madras :
(iii) Aftercare Home for Boys, Chingleput :
This is the only aftercare home to receive boys
from all the institutions in the state.

D. West Bengal
(i) Homes for Women and Children at Lillooah (Calcutta):
It has been in existence since March 23, 1961. It has
got the following units:
(1) rescue home for women,
(2) detention home for boys,
(3) detention home for girls,
(4) home for women exposed to moral danger,
5) industrial school for non-delinquent girls,
(6) reception cum-fondling home for babies up to three
years.
All inmates during their stay are supplied with food,
clothing and medical care.
(ii) Aftercare Home, Banjetia Berhampur :
This home was established on December 10, 1962.

 The basic functions of police being prevention and control of
crime, the police cannot afford to ignore after-care services of
offenders so long they help directly in matter of preventing and
controlling crimes by way of rehabilitating criminals in the society.
 The police who remain mostly busy with their multifarious duties
relating to management of law and order situation, V I P. security,
enforcement of major laws etc., tend to believe that prevention of
crimes through correctional treatment and rehabilitation of
offenders are the sole responsibility of correctional officers and
social workers only and they have got nothing to do in this sphere.
But it is not true.
 In view of the fact that the police are the first and foremost
agency which comes into contact with the criminals, the society has
got enormous dependence on them relating to the protection of
society against antisocial activity.
 The police cannot afford to ignore this responsibility; rather it
becomes imperative for them to share this task in close
collaboration with correctional officers and social workers to yield
the best result.

The role of police in the sphere of aftercare work has
broadly been divided into two aspects. They are:
Positive aspects
The police can play a positive role by rendering
assistance to an ex-inmate in regaining his lost status
in society and finding employment for him.
If he has been dispossessed of his property, they can
help him to recover it.
The police can be helpful in the removal of the stigma
attaching to a reformed ex-inmate by assuring the
public that he has reformed himself.
Prospective employers can be persuaded to employ
penitent and reformed ex-inmates.
They can render service to the cause of aftercare by
extending full co-operation to the probation officers
and aftercare agents.

Negative aspects
A policeman has by tradition acquired an image of being
unkind in his dealings with ex-inmates.
Mechanical application of the rules referred to and undue
reliance on crime statistics to judge the efficiency of
policemen are largely responsible for the lack of
improvement in police methods and approach towards ex-
convicts.
It will not be correct for the police to arrest an ex-convict
on a mere vague suspicion and thereby impair his chances
of reformation and rehabilitation.
Avoidance of overt surveillance over ex-convicts is of
paramount importance in the sphere of correctional
treatment.
There is also the necessity of eliminating improper and hasty
action under the preventive sections of the criminal
procedure code. This necessarily requires an initiation of
the police in correctional philosophy.

After-care programme and Delhi Prisons:
Pradhan Mantri Kaushal Vikas Yojana’ (PMKVY)
Delhi prisons in association with the Ministry of skill
Development and Entrepreneurship, Govt. of India,
started programme of skill development for the
inmates of Central Jail, Tihar.
On successful completion of the course, the trained
inmates will be provided a certificate from Govt. of
India which will help them in finding a suitable job
opportunity after their release.
These trained inmates may also get loan facility under
‘Pradhan Mantri Mudra Bank Yojana, which will help
them to set up their own business as self
employment.

 An officer of appropriate rank is to be appointed
as Probation/ Welfare/ Correctional officer in
each prison.
 The Probation/ Welfare/ Correctional officer
should contact the inmate during his/her
admission-quarantine period.
 Early contact will be helpful in planning over-all
help for the inmate and his family.
should meet the inmate at least once a month
throughout his stay in the institution.

should extend all possible assistance in
maintaining the inmate’s continued relationship
with his family, employer and community.
 The welfare of the family members and
departments of offender, as well as of their
victims, should be looked after.
should be associated with the prisoner’s welfare
services at the headquarter level.

 The participation of approved N.G.Os in the rehabilitation
programmes should be extensively encouraged.
 Voluntary organization, which wishes to help the government in
rehabilitation projects, should be given necessary financial and
other help. Their services should be given due appreciation by
the Inspector General of Prisons.
 The public should be educated about the need for rehabilitation
of ex-prisoners through print and audio-visual media. Continuous
liaison should be maintained with the agencies/ individuals which
are willing to give employment to the released prisoners.
 Companies that are required to spend 2% of their net profit on
CSR activities under the Companies Act, 2013 should be
encouraged to contribute funds towards rehabilitation of
prisoners.
 Appropriate steps may be taken by the State Government to
facilitate tax deductibility of donations made for this purpose in
terms of Section 80G of the Income Tax Act, 1961.

 After-care and family adjustments:
 The following adjustments would be required:
 Explaining to the police the background and
problems of the individual and getting help and co-
operation from the police in the process of re-
settlement.
 Communicating to the Panchayat/ Community
Development Authorities about the background,
problems and needs of the released person.
 Getting the co-operation and help of the
panchayat, Community Development Officer,
National Extension Service Worker and Gram
Sevak, in the re-settlement of a prisoner

 Reference to a Social Service Organization in the
neighbouring area where the prisoner is likely to
settle after release.
 Assistance in continuation of education and vocational
training.
 Creating interest in education and study. Motivating
them to acquisition and improvement of skills, healthy
recreation, and constructive use of leisure.
 Encouragement in building good habits.
 Help in planning and balancing his budget.
 Encouraging thrift and savings. Making them leave
costly habits.
 Medical treatment on long-term basis for
tuberculosis, venereal diseases, leprosy and cancer, in
an outside hospital.

 Posting the released person under the care of a
person or family interested in his welfare and re-
settlement.
 Protection from getting associated with anti-
social groups, agencies of moral hazards (like
gambling dens, drinking places and brothels) and
with demoralized and deprived persons. Help in
establishing contacts, acquaintance and friendship
with reliable neighbours, coresidents or co-
workers.

(1) Lack of adequate fund.
The main handicap of the aftercare service in India is the lack
of adequate funds and it is on this account that the aftercare
homes are neither adequate nor of the requisite size and
strength.
(2) Absence of psychologist/psychiatrist.
Lack of specialists like psychologists or psychiatrists who are so
essential for determining the work aptitude of the inmates or
for organising a programme of treatment for the abnormal
amongst them.
(3) Lack of production centres.
All institutions do not have production centres attached to
them.
(4) Inefficient training facilities.
The existing institutions impart training, in a limited number of
traditional trades and are not equipped with the training
facilities in the requisite variety of trades and crafts which will
suit the temperamental needs of the ex-inmate and also
facilitate their employment in their own locality.

(5) Lack of co-ordination among different departments.
All the aftercare institutions have not been placed under one
administrative department in West Bengal and Tamil Nadu.
The juvenile and female institutions are under the Social
Welfare Department whereas the aftercare institutions for
male adults are under the Inspector-General of Prisons. This
does not seem to be a satisfactory arrangement. For
obtaining better coordination and results it is recommended
that all such institutions be placed under one department.
(6) Absence of follow up services
The follow-up service is almost non-existent in most States
or does not have the required degree of intensity.
(7) Non-institutional aftercare has not received the desired
attention.
(8) Practically nothing appears to have been done by way of
publicity to arouse public interest in the utility of aftercare
as a measure of social defence

 After-care programme in India started during 2nd
and 3rd Five Year Plans at instance of the Central
Social Welfare Board and a few after-care homes and
shelter were setup in some states.
 The existing communication between released
prisoners and after-care institutions is practically
inadequate to bridge the gap between what the
institutions can offer and what a released prisoner
can really avail him of those services on one hand.
 It is the lack of proper co-ordination between the
Prison Department and voluntary efforts in matter of
organization after-care services in another hand.

 The All India Committee on Jail Reform (1980-83)
strongly recommended that after-care of
prisoners discharged from prison and allied
institutions should be the statutory function of
the Department of Prison and Correctional
Services.
 All these recommendations, plans and schemes are
neither adequate both in infrastructural and
organizational level.
 After-care programmes and services need to be
streamlined to assist pre/post released prisoners
which includes proper counselling, adequate
financial assistance, campus placement, follow-up
units ready to accept, avoid the unnecessary
harassments in local police and society accepted
without social ‘stigma’.

 1. Whether statutory aftercare be introduced?
Aftercare work in India is not regulated by any law
and as such, no ex-inmate can be compelled to seek it
for his rehabilitation.
 There is no point in forcing it upon those who do not
need it.
 Without trying to be exhaustive it could perhaps be
said that some of the ex-prisoners who need
compulsory aftercare will comprise of vagrant
offenders, recidivists, long term prisoners and those
who committed crimes due to economic deprivation or
any other maladjustment arising out of psychological
disorders or social handicaps.

 The advisory Council appointed in the United
Kingdom considered all the possible methods of
selecting inmates who need aftercare and
recommend that the categories of prisoners to
receive it should be defined by the statute and
that their priorities should be fixed.
 Condition in India are somewhat different and
hence it is recommended that an expert
committee consisting of representation and other
non-official bodies working in the field of
correction and aftercare should be appointed to
determine the categories of ex-inmates for whom
statutory aftercare should be made compulsory.

2. Who should run aftercare institutions
Aftercare work in India is not centrally organized. It may
come under three distinct types.
 Government service
 Quasi-government service
 Private service
It is widely opined that aftercare institutions should be run
by the government in order to derive maximum benefit
from the limited resources available for these services.
These institutions should be sufficiently big to employ
specialists and impart training in a variety of trades and
crafts to suit individual temperaments.
Training can be imparted on a regular basis and recognised by
issue of certificate.
These institutions should get co-operation from the
probation department and police more readily than non-
official institutions.

3. Surveillance and employment
Unimaginative and overt surveillance by the police over an ex-
inmate can seriously hamper the rehabilitation process.
It is strongly advocated that it should be carried out
secretly so that the subject does not fall in public esteem.
It should be discontinued over those who are certified by an
aftercare institution to be fully readjusted in the
community.
Rules and regulations which come in the way of adopting this
procedure should be modified without any delay.
It is recommended that surveillance should not be carried on
by an officer below the rank of A.S.I in order to ensure
that only discreet inquiries are made.
It may be laid down by each State Government that
surveillance will be relaxed if there is no complaint against
an ex-convict for three years consecutively.

The ex-inmates should not be barred from entering
government service or private employment for a
honest and steady source of livelihood.
In many an instances the inmates are discriminated at
the time of recruitment and it is pleaded that a
certain quota of posts should be kept reserved for
the reformed ex-inmates and if that is not possible,
at least they should be treated at par with others.
All recruiting authorities should be instructed to ensure
that no discrimination whatsoever is practised against
them.
Ex-inmates should also be advised by the aftercare
institution to organize self-help. They should form
themselves into co-operatives

4. Follow-up measures
An efficient follow-up services is essential that it
provides an indication as to the degree of success
achieved by them.
Follow-up work is usually done by probation officer.
A separate cadre of aftercare agents can be equipped
to better do follow-up work.
5. Publicity
The main hurdle in the progress of the philosophy of
aftercare is the indifferent and hostile attitude of
the public.
Society will need persuasion to give up its merely
punitive attitude towards the offenders.
Leading politicians and labour leaders should be
associated with aftercare services.
The mass media of publicity including the press, cinema,
social media should be geared to the task of
propagating the philosophy of aftercare.

 Without providing aftercare services to the prisoners
who has undergone a long-term imprisonment, the
processes of rehabilitation cannot be completed.
 It is not necessary that all the released prisoners
need aftercare services but some of them may be
highly in the need of these services.
 After-care as a micro- constituent of the principle of
social defence, which is term used in the correction
frame of reference.
 In modern connotation, social defence is thus a
reaction against the retributive system and based on
the substitution of treatment for retributive
punishment.

Aftercare services in India

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