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Viswanathan Nair Vs. State of Kerala - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKerala High Court
Decided On
Judge
Reported in1982CriLJ1701
AppellantViswanathan Nair
RespondentState of Kerala
Excerpt:
- - quite often factors such as poor living conditions, bad environments, the stress and strain at home and the breakdown of peaceful marital life of the parents sow the seed for moral degeneration in the child during its impressionable age and distorted moral and social values, are inculcated while the child grows into adolescence. there are some there who, for instance, would like to take to the avocation of a tailor but not even a sewing machine is provided. we wish him well and do hope that this experiment in persuading social service agencies to take on the responsibility of rehabilitation of such adolescent offenders will be a success, a success which may prompt them to offer more of their attention to similar work in regard to prisoners released from jails......the; assistance of viswanathan nair. there has been response. the earliest of, them, that from the rotary club of trivan-drum, has been conveyed through sri venugopal c. govind past rotary governor of messrs. varma & varma. chartered accountants. it has been promised that the rotary club of tri-vandrum will find suitable employment for him and will also keep an over all watch over his conduct so that for the one year he is under probation regular reports may be called for from the club by this court. the district probation officer, trivandrurn is also directed to make quarterly reports to the court about sri viswanathan nair. we wish him well and do hope that this experiment in persuading social service agencies to take on the responsibility of rehabilitation of such adolescent offenders.....
Judgment:
ORDER

1. Juvenile delinquency is essentially- a socio-logical problem. Quite often factors such as poor living conditions, bad environments, the stress and Strain at home and the breakdown of peaceful marital life of the parents sow the seed for moral degeneration in the child during its impressionable age and distorted moral and social values, are inculcated while the child grows into adolescence. In the case of such children it would be true to say that society prepares the crime for them to commit. The reformatory process envisaged in the concept of a period of detention in the Borstal School will not be effective unless after release from the Borstal School the adolescent could find for himself a respectable berth in society. Therefore it is of the essence of such detention that it should be accompanied by a period of training in crafts, trades, or arts which would equip the offender to adjust himself in after-prison life. One of us, the Acting Chief Justice, on his visit to the Borstal School on the 8th of January of this year was told by the inmates that there is scarcely any facility for such training intended to rehabilitate them. There are some there who, for instance, would like to take to the avocation of a tailor but not even a sewing machine is provided. We are mentioning this here only to alert the Home Department of the Government to bestow kind and compassionate attention to the Borstal School, as the Government is in law bound to, particularly with a view to consider what rehabilitative training could be introduced in the Borstal School at the earliest.

2. For the present we are concerned with what we should do to Viswanathan Nair, who is released from the Borstal School yesterday and who is before us today. He has to be rehabilitated. In the absence of any Governmental machinery for this purpose voluntary philanthropic and service organisation can alone be the answer. We had thrown out an invitation to such organisations to come to the; assistance of Viswanathan Nair. There has been response. The earliest of, them, that from the Rotary Club of Trivan-drum, has been conveyed through Sri Venugopal C. Govind Past Rotary Governor of Messrs. Varma & Varma. Chartered Accountants. It has been promised that the Rotary Club of Tri-vandrum will find suitable employment for him and will also keep an over all watch over his conduct so that for the one year he is under probation regular reports may be called for from the Club by this Court. The District Probation Officer, Trivandrurn is also directed to make quarterly reports to the Court about Sri Viswanathan Nair. We wish him well and do hope that this experiment in persuading social service agencies to take on the responsibility of rehabilitation of such adolescent offenders will be a success, a success which may prompt them to offer more of their attention to similar work in regard to prisoners released from jails. Sri Viswanathan Nair is directed to contact Sri S. Kumar, Past Rotary Governor, (Ruksh Villa. Sasthamanga-lam, Trivandrum-10) who will make necessary arrangements in the matter of his rehabilitation programme.


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