From Deterrence To Rehabilitation? Examining India’s Evolving Philosophy Of Punishment
- IJLLR Journal
- Mar 31
- 1 min read
Aliya Ansar, B.A. LL.B., Jamia Hamdard University
ABSTRACT
India’s penal framework stands at a crossroads between entrenched deterrent principles and emergent reformative imperatives. Traditionally, punishment operated within a retributive–deterrent paradigm premised on the infliction of proportionate suffering to discourage criminal conduct. However, evolving judicial discourse and correctional initiatives increasingly acknowledge criminogenic socio-economic conditions and advocate rehabilitative strategies aimed at reintegration. This normative shift reflects a growing recognition that punitive severity alone is insufficient to address recidivism or achieve long-term social stability.
Notwithstanding this progression, structural deficiencies such as chronic prison overcrowding, fiscal constraints, and the adjudication of heinous offences continue to reinforce a deterrence-oriented sentencing culture. Courts frequently oscillate between rehabilitative aspirations and the imperatives of proportionality, accountability, and societal denunciation. Consequently, India’s criminal justice system embodies a hybridized penal model that cautiously accommodates reformative objectives without relinquishing the centrality of deterrence. The formulation of calibrated sentencing guidelines distinguishing minor from grave offences may facilitate doctrinal coherence while harmonizing rehabilitative interventions with punitive legitimacy.
Keywords: Deterrence, Rehabilitation, Retributive Paradigm, Reformative Jurisprudence, Hybrid Penal Model, Sentencing Proportionality, Recidivism, Penal Policy.
