This research article explores the need to transition from a punitive to reformative justice in India's prison system, addressing a significant gap in current practices. Conventional punitive justice systems have proven ineffective in curbing repeat offenses or tackling the underlying social, psychological, and economic causes of criminal behaviour.

In contrast, reformative justice emphasizes rehabilitation and reintegration, focusing on individualized interventions, particularly for non-violent and juvenile offenders This blog combines primary interview with the Director General of Gwalior Central Jail, legal case studies, scholar articles and data from NCRB reports to assess how the reformative approach is applied in modern Indian prisons.

This research highlights the transformative potential of shifting towards reformative justice, aligning with Gandhi's principle of "hate the sin, not the sinner," fostering positive societal reintegration for offenders.

Introduction
When we imagine life behind bars, we often think of grim, dark cells and an atmosphere of despair. Yet, the advent of the reformative theory of justice is challenging these perceptions. Indian prisons are gradually shifting towards a model that focuses on rehabilitation, fostering environments of hygiene and redemption. Despite these advances, a significant gap remains in the Indian prison system, where the punitive model still dominates.
Punitive justice reinforces criminal identities, whereas a reformative approach targets the root causes of criminal behaviour, focusing on rehabilitation and reducing recidivism.

The reformative justice approach, on the other hand, seeks to rehabilitate offenders by fostering personal change and equipping them with skills for reintegration into society. With India's prison system grappling with issues like overcrowding, understaffing, and inadequate resources, the need to fully embrace reformative practices has never been more urgent. This article delves into the evolution of this shift, examining the effectiveness of rehabilitation programs and the systemic challenges that hinder the transition from punishment to transformation.

History and evolution of punishment

In the archives of history, prisons and the nature of punishment have seen a profound transformation. The Vedic period saw the nature of punishment as a punitive one where punishment was used as a tool to instil fear in the minds of offenders. The belief was based on the assumption that harsh punishment would deter and therefore reduce crime rates. The effectiveness of this deterrent approach was however questioned as the crime rates remained high. Punishment under this included stone pelting, the death penalty, and other barbaric methods; however, these brutal deterrence methods are now considered a type of crime by punishment.

However, as societies evolved, there has been a paradigm shift from ancient to modern times, where the punitive form of punishment has changed to reformative, emphasising rehabilitation over retribution. Punishment is defined as, 'Any pain, penalty, suffering, or confinement inflicted upon a person by the authority of the law and the judgment and sentence of a court, for some crime or offence committed by him, or for his omission of a duty enjoined by law'.

To deprive one's right to personal liberty by sentencing a person to imprisonment is primarily justified to protect society against crime and create a deterrent effect. However, the reformative theory reinterprets this definition and emphasises that people are sent to prison as punishment, not for punishment. This perspective advocates that punishment must not be used to create mere deterrence in society; rather, it should be used to transform the offenders' character and help them rehabilitate as law-abiding citizens.

Do prisoners deserve fair treatment?

One must ponder, why is the justice system looking to reform these offenders who are guilty of harming the innocent public and not penalizing them. 'All criminals should be treated as patients and the jails should be hospitals admitting this class of patients for treatment and cure, no one commits a crime for the fun of it. It is a sign of a diseased mind'.

This quote by Gandhi provides for a different view for individuals to understand the concept of modern-day prisons based on reformative justice. A living example is Laxman Ghole, who spent seven years in prison for slashing a goon and harassing a woman. He was charged with 19 offenses, today, he has reformed into Gandhi, who now gives lectures in jails, schools, etc.

Critics argue that long-term prison stays could teach offenders to commit more crimes or that lenient conditions make prison appealing. However, mere punishment often leads to revengeful attitudes, while reformative justice seeks to address the root causes by transforming offenders' psychology and behaviour.

Another argument against the reformative theory of justice is why offenders should live such a quality life off taxpayers' hard-earned money. However, it should be considered that these inmates have already been curtailed and denied freedom of liberty, and their other fundamental rights, like the right to life enshrined under 'Article 14', can't be curtailed. Confining a person in a prison is itself enough punishment, and the aim of prisons must be to give these offenders a chance to start a fresh and honest life as a transformed law-abiding citizen in society.

Reformative Practice In Modern Prisons

In India, the turning point towards the reformative justice approach came with the case of 'Ramamurthy v. State of Karnataka', where the concept of open prisons was put forward. Open prisons are different from traditional confined prisons, as they are intended to provide a conducive environment for the holistic development of offenders and help them transform into better human beings.

Rehabilitation efforts

Modern prisons are focused on rehabilitation through a diverse array of programs aimed at enhancing both academic and practical skills. Education plays an important role; the prisoners are offered the opportunity to pursue various vocational and computer courses.

The inmates are made to learn to sew quilts and blankets, make vermicompost, and develop culinary skills. Through these, they not only learn new skills but also contribute to the functioning of the prison community. Notably, they're also compensated for their work; according to the Model Prison Manual, 2003, which acts as a guiding principle for prison management in India, Workers pay should be fair and equitable rather than little or insignificant; they should be standardized and regularly adjusted in accordance with government announcements that clarify or modify the proper minimum wages.

However, as per the report, the minimum prison wage for skilled work in at least 14 states and union territories, is set at less than ₹100 per day. Therefore, a prisoner in Maharashtra or Assam makes, on average, ₹70 per day for skilled labour, whereas his counterpart in Delhi's Tihar Jail earns between ₹194 for unskilled labour and ₹308 for skilled labour.

Challenges faced
Picture this: the prison built to house 3000 inmates is bursting at the seams with over 4500 individuals, leading to severe overcrowding.

The NCRB Report highlighted that prisons in India are overcrowded to the extent of 131.4%. To worsen matters, the ratio of prison staff to prisoners is alarming, with roughly one staff member for every nine inmates. This shortage of staff not only strains resources but also compromises the safety and well-being of all. Even in open jails, where offenders have much more autonomy and freedom of movement, there is a glaring need for more staff and infrastructure, which raises concerns about security and supervision.

Even the legal process within prisons faces its own set of challenges Delays in court proceedings can result in prolonged detention for individuals awaiting trial, exacerbating the issue of overcrowding and prolonging their uncertainty.

Way forward
The theory seeks to rehabilitate offenders and enable them to lead normal lives as members of society outside of prison or correctional facilities. Its goal is to rehabilitate them and make them law-abiding citizens. This ideology rejects physical punishment in any form. It usually sees a person's exile from the community as an effort to help them get back on their feet and shield them from social rejection. Because it primarily relies on humanistic methods of punishment, this theory is incredibly effective in correcting young offenders and first-time offenders; however, it may not be as effective for more serious offenders. Retributive theory and deterrence play a significant role in these situations.

Currently, there lies a huge gap between the sanctioned and the actual prison staff and officers. However, India's prison system is ripe for transformation, and a key step in this journey would be the establishment of a specialized Indian Jail Service similar to that of the IAS. By treating prisons as a distinct field, we can attract a diverse workforce. A specialized cadre of professionals brings fresh perspectives and skill sets to inmate rehabilitation and administrative tasks. Moreover, by offering dedicated career pathways, it incentivizes professionals to pursue long-term careers in prison service, addressing staffing shortages.

Award-Winning Article Written By: Ms.Mauli Jain