Reformative Theory Of Punishment In The Modern Era: A Myth Or Reality?
- IJLLR Journal
- 5 days ago
- 1 min read
Aayush Agarawal, Asian Law College
ABSTRACT
The present study examines the philosophical foundations, objectives, and practical application of reformative theory of punishment, with reference to whether it should still be accepted or there needs to be a transition. Further it analyses how socio-economic disparities, psychological influences, and institutional shortcomings in shaping criminal behaviour, thereby highlighting the limitations of an exclusively punitive approach to punishment. By critically assessing legislative provisions, judicial developments, and correctional mechanisms, particularly within Indian Criminal Justice framework: the paper evaluates both the efficacy and constraints of reformative interventions. It further contends that a balanced penal policy, integrating reformative ideals with appropriate deterrent measures, is imperative to ensure enduring justice, minimize recidivism, and harmonize penal practices with contemporary constitutional mandates and humanitarian principles. The evolving dynamics of crime, coupled with growing concerns for Human Rights and Social Justice have necessitated a critical re-examination of traditional punitive approaches within Criminal Justice systems.
Keywords: Reformative, Juveniles, philosophical foundation, retributive, correctional Mechanism.
