The Philosophies of Punishment: Retribution vs Rehabilitation

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.