The recent ruling from the Supreme Court states that the length of a prison sentence or the severity of the crime cannot exclusively determine denial of a convict’s premature release. This verdict was a response to an appeal made by two prisoners involved in a botched kidnapping-for-ransom case in Uttar Pradesh, who are now middle-aged with a record of good conduct behind bars.
In what the court described as a fanciful attempt to procure easy money, the two have “learned a painful life lesson.” Consequently, the court ordered their release. The bench ruled that when assessing the probability of future criminal behavior upon release, considerations must go beyond the individual’s age or the victims’ and witnesses’ fears.
The Concept of Reformative Justice
The court emphasized that reformative justice should extend beyond maintaining public harmony to foster brotherhood and mutual acceptance. Specifically, first-time offenders should be given a chance to turn their lives around. In essence, the objective is not just punishing the offender but offering them a brighter future.
Understanding the Criminal Justice System in India
The Criminal Justice System comprises government agencies responsible for enforcing laws, adjudicating crimes, and correcting criminal behavior. It is a social control instrument. Some behaviors deemed too dangerous or destructive by society are strictly regulated or outlawed. The agencies of justice aim to prevent these behaviors and deter future occurrences through apprehension and punishment of transgressors.
Retributive and Reformative Justice
While retributive justice focuses on punishment proportional to the offense, reformative justice, widely appreciated, focuses on eliminating crime instead of the criminal. According to this theory, no one is born criminal; it’s the circumstances surrounding an individual that lead to criminal behavior.
Objectives and Challenges of The Criminal Justice System
The system’s objectives include crime prevention, punishment of criminals, rehabilitation of transgressors, compensation to victims, maintenance of law and order, and deterrence of future crimes. However, it faces challenges, such as inefficiency, harassment of innocents, pendency of cases delaying justice, a large number of undertrial prisoners, and police corruption hindering speedy, transparent justice.
Possible Solutions and Way Forward
Enhanced focus on the reasons for victimization is suggested to revamp laws that identify crime victims’ rights. New offenses must be constructed, and existing ones reworked following substantially altered criminal jurisprudence principles over the last four decades. The classification of offenses should cater to effective future crime management. Deciding the quantum and nature of sentences for similar offenses should be predicated on judicial precedent principles.
On one hand, society has a right to live peacefully without fear from criminals. On the other hand, reformative theory asserts that a civilized society cannot be achieved solely through punitive attitudes and vengeance. Thus, finding a balance between these two extremes is crucial for an effective justice system.
