Open Access Research Article
BEYOND PUNISHMENT: REHABILITATION, PROBATION AND AFTERCARE IN INDIA AND FRANCE BY – VIBITHA.M
Abstract
Traditionally, the
criminal justice system has focused on punishment, deterrence and societal
protection. But modern criminal justice techniques increasingly realize that
punishment alone is not helpful in dealing with the causes of criminal behaviour
or in preventing recidivism. Thus rehabilitation, probation and aftercare have
become an integral part of a progressive criminal justice system. These
techniques aim to reform offenders, to assist them to re-integrate into society
and to give possibilities for them to lead responsible and law-abiding lives.
India and France provide
excellent instances of different approaches to the rehabilitation of offenders.
In India there is a statutory framework of releasing eligible prisoners on
probation and after due admonition called Probation of offenders Act, 1958. The
Act specifies that in passing sentence of imprisonment, the courts may take
into account the nature of the offense, the character of the offender and the
circumstances of the offense. Furthermore, constitutional principles, jail
reform plans and correctional programs recognize the necessity of
rehabilitation and social reintegration. However, the successful execution of
rehabilitation methods is still hampered by inefficient probation services,
prison overpopulation, societal stigma and lack of post-release support.
France has built an
organized penal system with a major focus on probation, social reintegration
and personalized monitoring. The French Penal Code and the French Prison Code
provide supervised sentences and community-based procedures to prepare for
release. The Prison Integration and Probation Services (SPIP) perform a vital
role in monitoring criminals, assessing their specific requirements and helping
them to reintegrate into society through work, housing, education and social
support.
This paper is a
comparative doctrinal examination of the legal framework for rehabilitation,
probation and after-care in India and France. The article looks at the legal
provisions, institutional structures, judicial procedures and practical issues
in relation to offender reform in both jurisdictions. The report also analyses
lessons for India from the French correctional system, especially when
considering tailored probation, professional supervision and structured aid to
freed inmates. It claims that a criminal justice system has to move beyond the
old ideology of punishment and adopt a balanced approach combining
responsibility, rehabilitation and social protection if it is to be effective.
Published Paper
Author Details
Authors: VIBITHA.MRegistration ID: 1013577 | Published Paper ID: IJLRA13577Approved ISSN: 2582-6433 | Country: Delhi, India
Article Information
BEYOND PUNISHMENT: REHABILITATION, PROBATION AND AFTERCARE IN INDIA AND FRANCE BY – VIBITHA.M
Authors: VIBITHA.M
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 8
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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