There will always be a road to fix the society the conflicts, the
relationships between people, and a destination to repair, reconciliation and
restoration.
The existence of humans per se constitutes a society in itself, time to time
many traditions have replaced the beliefs, attitudes and hierarchy of needs in
the society. The period of 21st Century has brought more connection and
acknowledgement to people with the advancement in technology and the quest to
build stronger pillars of association. When there is an establishment of
society, there is a requirement for an authority too, states all over the world
are dominated by a governing authority to grant fair and just livelihood and the
citizens are bound to obey the state to oppress the system and practice of
vengeance like the earlier practices.
Law is an important pillar of the society, the absence of laws and regulations
leads to a damaged society. To grant just and fair ends requires administration
of appropriate punishment. With the passing of time the theories of punishment
have undergone various modifications and suggestions. The most known theories of
punishment include retributive, deterrent, reformative and preventive.
Crime is a universal fact, and society at large would never get away with crime,
crime is an inevitable condition. A society subsides without any ups and downs
and learnings from the acts committed by individuals. Therefore, imposition of
punishment is an essential condition to ensure an equilibrium of civil and
criminal protection to the society.
The administration of justice implies the maintenance of right within a
political community by means of the physical force. It is a modern and civilized
substitute for the primitive practice of private vengeance and violent
self-help.
The concept of Reformative Theory for healing the current crime rate in India as
well as a polishing agent to the punishment system in our country targets the
basic ideology of rehabilitation of criminal offenders and also transforming the
idea of punishment as a concept of transformation of person including the
behavioural aspects, the inner wellbeing as well as the outer wellbeing.
Mahatma Gandhi once quoted Hate the sin, but not the sinner. The criminal
records all over India vary from state to state. The rate of crime and the
intensity of crime differs with each offender, the habitual offenders rarely
deserve or rarely follow this theory, there are also a few hard-core criminals
behind the bars prevented to come back to the society and are kept inside a cell
such that bringing them back to normal life or welcoming them to society might
reflect a failure of the whole system of justice. Thus, this system is not
proportionate to reaching the goal of reformation of every criminal but there
are few chances of transformation when inflicted and practiced on certain
individual offenders.
Reformative theory is supportive of the studies of Criminology, it states that
any person committing the wrong or going against the state is motivated by
various factors like any physiological defects, factors of social pressure,
poverty, psychological breakdowns and various other factors which generally
remain unturned during the course of granting justice. Therefore, Reformative
Theory aims at restoring, relearning and rehabilitation of persons influenced by
choices. Reformative Theory suggests that patterns like community services,
counselling, rehab programmes, therapy sessions and various other methods.
Focus area of the theory aims at inflicting a typical punishment which rather
aims at reform of the criminal as a person and his response towards the society.
Many Indian crime studies suggests that many criminal offenders committing
theft, robbery or any other offences are majorly motivated by external factors
or factors not in their hands or any situations of helplessness. The deeply
attached roots of the crime are sometimes unknown and therefore the cause to the
cause of action should also be known and moulded thoroughly to subtract the
amount of offences in future. According to this theory crime is the outcome of
conflicts between a man and his motive. Ideal and law abiding citizens and
protection of law is the desire of any state and thus reformative theory is
suggestive to bring about a positive thinking in the society.
Our society is already filled with various notions which by passing of time,
must be removed and rebuilt. Just like to treat a sick individual we need
medication and attention this theory states the similar format. This purpose
maybe achieved through various agencies of parole and probation which have been
accepted as the modern technique to deal with reformation of criminals and study
their behaviour throughout the phase.
Thus the advocates of this theory justify prisonisation not solely for the
purpose of isolating criminals and eliminating them from the society, but to
bring about a change in their mental attitude through effective measures of
reformation during the term of their sentence. In Narotam Singh v. State of
Punjab, the Supreme Court has suggested the following view,
Reformative approach to punishment should be the object of criminal law, in
order to promote rehabilitation without offending community conscience and to
secure social justice.
Psychologists, physiologists and sociologists have always supported this theory
with an aim to bring a change by giving proper medication, hospitalization or
sending them to reformatories by sending the proper treatment to avoid its
influence in the near future, sometimes torture or capital punishment makes a
criminal more harsh and the hope of treating the offender totally vanishes, thus
the ideology of this theory aims at removing the obstacles by going to its
roots.
Some of the statutes preserving the theory are the examples of Bortal schools
have being set up. Provision is made for a system of probation for First
Offenders. This theory is being growingly adopted in the case of Juvenile
Offenders. The oldest legislation on the subject in India is the Reformatory
Schools Act, 1890 which aimed at preventing the depraved and delinquent children
from becoming confirmed criminals in the coming years.
The Probation of Offenders Act, 1958 has been passed with a similar object in
view. About the Act, the Supreme Court observed in Rattan Lal v. State of
Punjab, that the Act is a milestone in the progress of the modern liberal trend
of reform in the field of penology.
The CRPC (Criminal Procedure Act) 1973( Section 27 & 360), also provides that
any offence not punishable with death of imprisonment for life appeared to be of
under the age of 16 can be tried by Chief judicial Magistrate or under
Children’s Act for remoulding the youthful offenders.
The conclusive scope of this theory is unlimited and can be explored as well as
it can also be taken into action with an positive attitude towards the
jurisprudence of criminology and it can also be well understood by its
application and understanding of its outcomes. Reformative theory is not
exhaustive nor is it limited it can be tried, assumed and also applied to any
person going through the phase of penal punishment. Not all offenders are the
same, some offenders require treatment and the state can brush it off aside.
The amount of crime, the record of crime and the intensity of crime reflect the
status quo of the society and therefore with changing of time the society is
bound to reformation with the only of betterment of offenders and the society
and also the harmony of the state.
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