Harsher Punishments not serving the Purpose : Need for Rehabilitation Theory to Curb Crime

There are mainly five theories of punishment followed worldwide out of which theory of retribution is the most common one which postulates that the offender should be punished and considers harsher punishments as the only solution to put a halt to the increasing crime rate. Similar to this theory there are theories of deterrence and prevention as well which also supports the idea that an offender shall be subjected to harsher punishments so that it creates fear in mind of other individuals and to keep offenders away from the society to ensure that they do not indulge in any such criminal activity in future. Expiatory theory seeks to transform offender from within which seems quite unreasonable as it cannot be objectively proved that whether individual has undergone any form of transformation. Theory of Rehabilitation seems to be the best approach to curb the surging crime rate as it ensures that offender is not thrown out of society which in turn can fill him vengeance and treats him as victim. It says that nobody becomes criminal by choice, more often than not it is the circumstances of life that put people in such situations. It might be economic or social depravity. Countries like Norway and Germany are successful examples of effective implementation of Theories of Rehabilitation. Data shows reduction in recidivism in these countries after implementation of Rehabilitative Practices. India has also inculcated some practices, in its newly enforced criminal laws, along the lines of this theory. It has provided that offenders committing petty offences can on the judicial discretion be subjected to do community service rather than undergoing imprisonment. This paper supports the idea of making Rehabilitation of offenders as the central idea behind the criminal laws of India and supports it with successful implantation of it in various nations,