Community Service: Voluntary Kindness and Legal Reform

Community Service: Voluntary Kindness and Legal Reform

Giving back to the community is a transformative journey that encourages self-fulfilment and introspection. Society is not immune to challenges such as impoverishment, inequality, environmental deterioration or educational discrepancies. However, we can play our part in spreading happiness by giving back to it. Texts of all religions have suggested dedicating portions of one's income to charity, donations and community service. They talk about the benefits of charity and the dire consequences of not doing charitable work.

Hinduism prescribes several forms of Daan, a Sanskrit word, which means ‘self-less giving’. Four kinds of Daan are prescribed in Jaina texts. Islam has the concept of Sadaqa (charity given voluntarily to please God). In Sikhism there is Seva and Langar. Similarly, Buddhism and Christianity too have prescribed ways of giving back to the community.

These are examples of positive community services, but did you know community service is also used as a Punishment?

Community service as a Punishment

The court can order an offender to work a certain number of hours wage-free doing work that will benefit the community, usually the community which the offender has harmed. For example, someone guilty of vandalism can be ordered to clean public places. This can make the offenders see the consequences of their actions and can reform them. This also prevents first-time offenders or petty offenders from going to jail preventing them from being in the company of hardened criminals, in an already overburdened prison system. Community service is only awarded for minor offences and not for heinous crimes.

Community Service and the Reformative Theory of Punishment

There are various theories of punishment namely: Preventive Theory, Deterrent Theory, Reformative Theory, Retributive Theory and Expiatory Theory. The Reformative Theory is of recent origin. It takes punishment as a means to reform criminals and make them good citizens. Community Service as a punishment is based on this theory.

Community Service in the USA

Under 18 U.S Code § 3563(b)(12) the courts may provide that the defendant work in community service as directed by the court. The community service is supervised by a Probation Officer.

The use of community service for juvenile offenders in the USA was first implemented in 1969.

Community Service in India

For Juveniles

Under Section 18(c) of the Juvenile Justice Act, 2015 the child in conflict with law can be ordered to perform community service under the supervision of an organization or institution or a specified person, persons or group of persons identified by the Board.

For Adults

The Indian Penal Code, of 1860 has no provision for community service. However, the government aims to introduce community service as a new kind of punishment under Chapter II of the Bharatiya Nayaya Sanhita, 2023.

• According to Section 202 of the Sanhita, if a public servant who is legally bound to not engage in trade, engages in trade, he can be punished with community service.

• According to Section 209 of the Sanhita whoever fails to appear at the specified time as required by a proclamation published under sub-section (1) of section 84 of the Bharatiya Nagrik Suraksha Sanhita, 2023, can be punished with community service.

• According to Section 226, whoever attempts to commit suicide with the intent to compel or restrain any public servant from discharging his official duty can be punished with community service.

• In case of theft of a property worth less than five thousand rupees, a first-time offender may be punished with community service.

• According to Section 355, community service can also be prescribed to an individual intoxicated causing trespass or annoyance to others in a public place.

• According to the new Sanhita, community service can also be prescribed in certain cases of defamation.

Community Service: A Comparative Analysis between India and the USA

In the USA, community service as a punishment can be prescribed to both adults as well as juveniles.

In India, community service can only be prescribed as a punishment to juvenile offenders. But the government aims to introduce it for adults as well under the new laws.

Conclusion

By giving back to the community, we develop empathy and a deeper understanding of the world around us. Community service as a punishment is based on the Reformative Theory of Punishment and helps the offenders work for the betterment of the community that they have harmed.

References:

1. Jurisprudence (Legal Theory) by Dr. S.R Myneni, Aisa Law House, Hyderabad, 3rd Edition, 2020

2. Jurisprudence (The Legal Theory) by BN Mani Tripathi, Allahabad Law Agency, 2021

3. Bharatiya Nyaya Sanhita, 2023 (Act no. 45 of 2023)

4. Bharatiya Nagarik Suraksha Sanhita, 2023 (Act no. 46 of 2023)