Rehabilitation Of Ex-Convicts: A Constitutional Duty Or Social Charity
- IJLLR Journal
- Feb 15
- 2 min read
Nagashree N M, School of Law, Christ Deemed to be University
ABSTRACT
The reintegration of former inmates has become an important issue in today’s criminal justice system. It sits at the intersection of constitutional rights and societal responsibilities. Current research shows that India’s prison system still relies heavily on punitive colonial practices. Only a few reforms, like the Model Prison Manual 2023, aim to include education, vocational training, parole, and support after release. Studies by Sourabh Jha, Shivani Kataria, Banamali Barik, Kaustubh Rote, and Dr. Santhosh highlight the systemic shortcomings in Indian prisons. Research from Kerala and Tamil Nadu by Jenu Varghese and others shows that stigma and a lack of structured aftercare hinder successful reintegration. Comparative studies, including Vidushi Sahni’s review of Halden and Tihar, Sridhar and Karpaga’s examination of Norway’s approach, and Rahil Shaikh’s look at India and the UK, demonstrate that countries with rights-centered correctional systems have lower recidivism rates because they incorporate rehabilitation into their legal and policy frameworks. However, the overall literature points to a gap: Indian research lacks longitudinal studies, gender-sensitive views, and local adaptations of global models.
This research aims to determine whether rehabilitation in India is a constitutional obligation under Articles 14 and 21 or if it is still seen as a voluntary social initiative. The study uses a doctrinal and comparative approach with secondary sources to explore the question: How do stigma, policy gaps, and inadequate aftercare block reintegration, and how do Indian frameworks compare to those in other countries? The results show that, while rehabilitation is implicitly recognized in constitutional law and court decisions, its implementation is scattered, inconsistent, and often left to NGOs. The study concludes that shifting the view of rehabilitation from a welfare effort to a required constitutional duty is essential for reducing recidivism rates and restoring dignity to former inmates, therefore fulfilling the true purpose of justice.
