Practical
Effect of Reformative Theory of Punishment
| Uniform
Civil Code
Practical Effect of Reformative Theory of Punishment
By Prof. Swati Kapre: Lecturer, Balaji
Law College
The law students cannot overlook the fact, that in the
society, crimes and Law are interrelated concepts in a
social setup, which act, react and interact with one another.
Hence all the three are to be studied in connection with
each other.
This fact is very well realized by the newly started
‘Balaji Law College’ which is trying to
develop the legal—analytical approach of the students
by providing them an opportunity to learn the text of
law in context of its practical application and implementation.
This principle, motivated Pro.(Col.) A. Balasubramanian
(President Sri. Balaji Soc.) and Prof. Mrs. Sharmila
Jain Oswal (Principal, Balaji Law College) to arrange
a Central Prison, Yerwada visit for the Law College
students. It was a practical assignment for the students
studying the chapter of Prison Reforms in the Criminology,
Penology subject. The students were assisted by Prof.
(Col.) A. Balasubramanian, Prof. Sharmila Jain-Oswal
to encourage the students and also Prof. Rohini Hanap
and myself for their guidance on the subject.
After returning from the visit, the students submitted
their views & opinion on the practicality of the
Prison Reforms. As per the feedback given by the students,
they were surprised to find such an effective implementation
of the reformative theory of punishment. The students
are convinced that the reformative theory of punishment
is curative and acts as a medicine to the criminals,
after having a look at the prison industry and other
divisions and departments in the prison like:
o Carpentry division where the prisoners exhibited
their carpentry skill by producing and preparing beautiful,
elegant furniture & wooden work.
o Smithy division where offender blacksmiths joined
their hands to produce strong police shields, cupboards,
lockers, mementos and mental idols etc.
o Leather work division where the prisoners mended
beautiful leather chappals, wallets, purses.
o Textile division where the prisoners create beautiful
blankets, shawls, shirting & suiting cloth etc.
o The Prison Kitchen where the offender chefs are busy
maintaining the cleanliness and hygiene in the Kitchen
& cooking mouthwatering delicacies for the prison
inmates.
o Computer training centre providing the inmates with
computer education.
All the products of the industry are supplied to other
prisons or to the police department, thereby giving
the prisoners their remuneration for their work or job.
Thus these efforts of the Central prison to remould
the prisoners into a responsible, creative and potential
citizen is the practical implementation of Supreme Court’s
verdict.
But, on the other hand, we also need to consider the
critics of the reformatory theory, who question its
practicability.
For eg; According to H. L. A. Hart “Today treatment
has become a fashionable euphemism for the older, ugly
world. This bowdlerizing of the constitution and a conventional
speech may serve a useful purpose in discouraging unduly
harsh sentences & emphasizing that punishment is
not an end in itself. But to the extent that it dissociates
the treatment of criminals from the social condemnation
of their conduct, which implicit in their conviction,
there is danger that it will confuse thought & do
a disservice.
At least under existing law, there is a vital difference
between the situation of a patient who has been committed
to a mental hospital & the situation of an inmate
of a state penitentiary.
The core difference is precisely that the patient
has not incurred the moral condemnation of his community
whereas the convict has.”
Thus, to conclude I would like to state that even
though reformative theory, as seen by us in the central
jail has a positive effect, but at the same time we
cannot afford to ignore the other side of the coin.
“HATE THE CRIME AND NOT
THE CRIMINAL”
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