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Indian Journal of Law and Human Behavior

Volume  5, Issue 2(Special Issue), May - August 2019, Pages 225-232
 

Original Article

Correctional and Rehabilitative Techniques of Punishment: A Need for Legislative Reform in India

Shalini Gupta

Assistant Professor, Department of Law, Maharishi Markandeshwer (Deemed to be University), Mullana, Haryana

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DOI: 10.21088/ijlhb.2454.7107.5219.18

Abstract

A person is not a criminal by birth but he becomes criminal by his circumstances. So it is not always necessary for these types of persons i.e. offenders to be treated punitively. Some reformative measure should be adopted for the re-establishing these offenders in the society. And for this it is not always to be punitive. For the change in society an important role is always played by the penal provision/law. A proper functioning of criminal laws is necessary for the administration of penal laws as well as reformative theories. What does rehabilitation means? It means not to punish but to reintegrate a prisoner in the society. As a person he will not feel ashamed and uncomfortable when he returns to the society. Hence he is always able to lead a law abiding and self-supporting life. The main purpose of the punishment is to restore the stability of the society by retaining the person behind the bars. In many times not always the offender is responsible for crime but to some extent society is also responsible. So it is the responsibility of the criminal justice system to rehabilitate the offenders. So correctional and rehabilitative measures should be adopted and implemented for the reestablishment of the criminals in India. We have to fight against crime but not against criminals.

Keywords: Rehabilitation; Recidivism; Restoration; Correctional; Community.


Corresponding Author : Shalini Gupta