From Incarceration To Rehabilitation: A Constitutional Vision For Indian Prisons
- IJLLR Journal
- Jul 13
- 1 min read
Advocate Tanushree Thapa (BA LLB)
ABSTRACT
This study underscores the urgent necessity for comprehensive prison reforms in India, advocating a paradigm shift from a retributive to a rehabilitative model. Rooted in colonial-era practices and plagued by administrative indifference, the Indian prison system often stands in stark contrast to the constitutional guarantees of dignity, equality, and personal liberty. Although India has seen progressive jurisprudence and increasing global awareness around prisoner rights, systemic flaws persist, depriving inmates of fundamental entitlements and impeding their chances of social reintegration.
By critically evaluating India’s current legal framework through the dual lens of constitutional morality and international human rights obligations, the paper argues for a reconceptualization of prisons—not as institutions of punishment, but as transformative environments that foster reform and reintegration. Drawing upon comparative legal frameworks, landmark Indian case laws, and empirical data, this work proposes a roadmap for prison reform that recognizes incarcerated individuals as human beings capable of change and promotes a correctional system aligned with global standards. The ultimate goal is to develop a justice mechanism that is equitable, compassionate, and inclusive—anchored in both legal rights and humane values.
