Prison Reforms And Alternatives To Incarceration
- IJLLR Journal
- 1 day ago
- 2 min read
Amrita Kaur Johar, Assistant Professor of Law, Manikchand Pahade Law College
ABSTRACT
“Society prepares the Crime; the Criminal commits it.” -Henry Thomas Buckle. These words of famous historian Henry Thomas Buckle highlight the role of society in shaping the mindset of a criminal. Crime is inevitable but can be reduced. The entire Criminal Justice System regulates Law Enforcement and Punishments to reduce crime rate in any society. Prisons stand as an important pillar of the Criminal Justice System. In India, Prisons are a gift of colonial era but with the changing needs of society, dynamics of Criminal Justice System change and so does the form of punishments and prisons. Prison Reform is a longstanding topic of concern in India and there is emergence of Reformative Justice. This shift towards Reformative Justice can solve the existing prison problems like overcrowding, lack of basic facilities, infrastructure etc. Incarceration is not the only way out in every case, segregating the offenders by sending them to jails does not suffice. Rehabilitation and Reintegration of reformed individuals back into the society after completion of their sentence is need of the hour and to make this practical it is important to look for some alternatives to Incarceration. Alternatives to Incarceration can be – Probation, Open Prison, Admonition, Community service, Fines and Compensatory mechanisms for victims. As per the theories of Deterrence and Retribution, the traditional practice of imprisonment is the most awarded form of punishment. But imprisonment can be avoided in less serious offences, non-violent or first-time offenders. This paper navigates the reason for choosing alternatives to Incarceration, focusing on Rehabilitation, reduced Recidivism, and better Community Engagement of the reformed individuals. Incarceration is a financial burden on the state which can be reduced by opting for Alternatives. Traditional Incarceration often fails to address the root causes of Criminal behaviour thus, more suitable techniques of punishing the individuals with a broader mindset can be adopted. This shall reduce the financial burden on State, reduce Prison problems, and allocate the funds for a more outcome based societal approach.
Keywords: Prison Reforms, Reformative Justice, Incarceration, Alternatives to Incarceration, Criminal Justice System, Rehabilitation.
