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Punitive To Reformative Justice With Special Reference To Prison Reform In India




Himanshu Singh, Central University of South Bihar

Dr. Deo Narayan Singh, Central University of South Bihar


ABSTRACT


In today's criminal justice systems, prison reform has grown in importance, particularly as nations transition from strictly punitive to reformative and rehabilitative models. The previous punitive system, which was primarily focused on retaliation and deterrence, has not proven very effective in lowering recidivism, addressing the underlying causes of crime, or guaranteeing that inmates may reintegrate into society as contributing members of society. Conversely, it has frequently resulted in human rights breaches, overcrowding in jails, and social isolation. On the other side, the reformative approach prioritizes societal acceptance of offenders as responsible members of society and rehabilitation. In order to help convicts reintegrate into society with dignity and purpose, it emphasizes the importance of education, skill development, mental health support, and restorative justice techniques.


With an emphasis on the Indian legal system, this study attempts to examine the transition from punitive to reformative justice while also making analogies with global experiences. Simultaneously, it will look at implementation challenges such inadequate infrastructure, political reluctance, and resource scarcity and offer potential policy solutions. The paper concludes by arguing that a reformative strategy promotes long-term social security by transforming jails into hubs of positive transformation rather than merely sites of punishment, while also reflecting the constitutional ideals of human dignity and fairness.


Keywords: Prison, justice, prisoner, reform.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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