The Philosophies of Punishment: Retribution vs Rehabilitation

  • Ragav and Dr. Arun D Raj
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  • Ragav

    Student at VIT School of Law, Chennai, India

  • Dr. Arun D Raj

    Assistant Professor at VIT School of Law, Chennai, India

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Abstract

This paper examines India’s criminal justice system through two main perspectives: punishment as retribution and punishment as rehabilitation. It explores how courts interpret laws, the challenges within the system, and the ongoing efforts to reform the delivery of justice. While retributive punishments still dominate, there is increasing support for rehabilitation, aimed at helping offenders change their behavior and reintegrate into society. Nevertheless, persistent issues like overcrowded prisons, long pre-trial detentions, and inequalities based on class, caste, and religion continue to plague the system. The study calls for urgent reforms to ensure that the system treats individuals fairly, respects their rights, and fosters meaningful rehabilitation.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 3, Page 276 - 284

DOI: https://doij.org/10.10000/IJLMH.119622

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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