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REFORM VS REHAB
AUTHORED BY
- NAGA YOGITHA THOTA
COURSE: BA.LLB
I would
like to express my sincere gratitude to my mentors for guiding me in making this
research paper on “REFORM VS REHAB” and for providing me the knowledge during
my research. We cherish the motivation that has brought in me to work harder and
think more vibrantly. It has been an enlightening experience under professors guidance
and I take immense proud in being called her student.
INTRODUCTION
An estimated
10.2 million people are believed to be incarcerated around the world - either pre-
trial prisoners or convicted prisoners. Crime or criminal activity is similar
to what has been rampant for decades. Crime may be a necessity - like a poor
man stealing apples from his hungry child. It can also be a way of pure
happiness - like a murderous killer because he finds it "fun"; The lure
of crime is rare for most people - be it a small crime or a major crime. In this
article, we will learn about Transformation and Rehabilitation.
Former
sociologist Emile Durkheim, on the subject of crime, was quoted as thinking
that “crime exists in all societies
because it affirms moral boundaries and sometimes aids social change”. With crime so prevalent, the
question arises as to how to deal with the perpetrators - whether to punish them severely, or
whether to crack down on criminals by trying to change behaviour and rehabilitate them.
OBJECTIVE
RESEARCH QUESTIONS
1. Difference between
Reformation and Rehabilitation?
2. Reformation
vs Rehabilitation
3. What are the
common needs needed for Reformation and Rehabilitation even though they are
different?
RESEARCH METHODOLOGY
Descriptive and Analytical Methodology has been followed
by the Researchers throughout
theResearch paper. Secondary Sources like books, Articles and Websites have been Referred by the Researcher for the accomplishment of the research
paper.
What Do We Mean By Reformation And Rehabilitation?
Transformation,
derived from the word ‘transformation,’ is the process of making changes in something - usually in an institution or practice - in order to improve. In the case of perpetrators, reform can help criminals to break free from immorality or crime. "The
process of re-educating and retraining those who commit crimes" is one definition of rehabilitation.
Repentance and rehabilitation go hand in hand, rehabilitating gives offenders an understanding of the world and their actions, as well as transformation that gives them the freedom
and power to overcome their mistakes[1].
Reformation
The
Criminal Justice System is a system that integrates the various organizations /
institutions involved
in the criminal justice process.
In particular there are three
components of the program
- a - vis Police, Judiciary, and Prisons
all working together
to ensure the delivery of justice.
Throughout India's history, various reports have been published / proposed to reform the justice system. Various reports from the Indian Law Commission and dedicated committees have been set
up, submitting their reports to improve the aging and criminal justice system.
In this article, we will explain the reports of Justice V.S. Malimath Committee
and Madhav Menon Committee[2].
Rehabilitation
Perhaps the best and most
humane intention to punish
in criminal law is to restore order. When a citizen's criminal tendencies are
"cured" (literally) so that we no longer have the desire to commit a crime and, even more so, become a productive member of society,
then society is not only protected from future harm.
but it is also enriched by the successful re-entry of one of its members. A state of prosperity in which both the community and the perpetrators benefit.
Logically,
rehabilitation is the most sensible goal of punishment. It is interesting and
good to think about the success of
restoring the criminal behaviour of society. If only adult offenders can be successfully dealt with, then the
crime can be eliminated, and criminal cases can be limited from that time
to child abuse and occasional act of love[3].
What Is the Reformation of Offenders Vs Rehabilitation of Offenders?
Transformation,
derived from the word ‘transformation,’ is the process of making changes in something - usually in an institution or practice - in order to improve. In the case of perpetrators, reform can help criminals to break free from immorality or crime. Repentance and rehabilitation go hand in hand, and rehabilitation gives offenders an understanding of the world and
their actions, and transformation gives them the freedom and power to overcome
their mistakes.
Today,
information is readily available in our hands at any time. As the media focuses
more on the situation
of inmates within prisons and the problems
they face with re-entry
into society, the need for reform and rehabilitation is now more clearly emphasized than ever before.
Today, many people go
to prison for a long time
after committing atrocities.
Conversion
and rehabilitation of criminals can be found in Scandinavia or Norway, where crime rates are generally lower compared
to the rest of the world. They consider it more important to have the perpetrators released than to have them
sentenced to long prison terms. On
the other side of the spectrum could be a country like the United States, with
the highest arrest rate in the world.
They focus on ensuring that offenders receive the highest sentences, even in the lowest cases.
Difference Between
Reformation And Rehabilitation
The
Reformation welcomes the introduction of any part of the Reformation, which is
widely considered. The journal
is interested in subjects on topics including theology and Bible studies; church history or religious affairs -
Protestant, Catholic or radical; English and continental literature; social, political and psychological history; modern
Catholic history; Book History; Renaissance
Humanism; history of art and architecture; and music. The journal is also of interest
to the bursary which points to the persistence and persistence of medieval religions
and religions. All Transformation articles are reviewed extensively by peers, based on the inclusion of anonymous
referees by at least two referees[4].
Rehabilitation
involves a huge spectrum in the paths of our patients. Includes support for learning basic communication skills; exercise classes
to promote or maintain good health, well- being
and employment; and complex emotional rehabilitation following severe trauma or stroke.
Rehabilitation may be appropriate at any
age as a person's needs
change throughout his life[5].
Classification in Reformation and Rehabilitation
Reformation
Legal action: The process of our criminal justice system, therefore,
begins with legal action. The
legislature, however, is not part of a program organization unless it
emphasizes that the basis of the
whole system is based on the rules they make, and their abuse must be
controlled or minimized.
Law enforcement: The police or law enforcement systems are the next part
of the criminal justice system.
The police are tasked with maintaining order,
law, and order,
preventing crime and arresting offenders. Most criminal
justice systems are unable to perform their duties without a minimal law enforcement system. Thousands of laws can be passed by lawmakers but the law can be broken without punishment when the police
refuse to take action. As a basic law enforcement agency, the police
should not only focus on trying to enforce various
laws but also on issuing
them free of charge.
Judgment: It is a judging
process and is divided into two parts namely:
Prosecutor - The prosecutor decides how the minor justice
system should prosecute
a suspected criminal. If the prosecutor views the case as serious,
the legal case will be settled. However,
he does not have the ability to intervene.
Court - The role of the courts is
much more critical and important than that of the police in the criminal
justice system. The ultimate goal of the Court is to provide justice that
should be “fair”, equitable, expeditious, and impartial. Judges
must perform their duties with utmost care and diligence
to ensure that public trust in the justice system is not compromised. The presiding officer must keep in mind that his
decision in the case will give both the defendant and the victim a fair trial, as opposed to the release
or sentencing of the defendant, whether it is lawful or unfair. The first requirement for justice is an independent, impartial, and competent
court. It must be understood that unfair dismissal
is a violation of justice and an unreasonable view. ‘Rule of law’ in a
democratic society is an effective tool of justice.
Correctional Center: Correctional facilities are the last critical
component of the criminal justice
system. The minor rehabilitation program is trying to get the perpetrator back
in order to keep him from breaking
the law again. It is hoped that by punishing the perpetrator, more and more people will be prevented
from breaking the law. In the disciplinary system, there are two main options:
probation and imprisonment, each with specific
limitations on human rights. Including rehabilitation, resources and
other rehabilitation programs such as courts, juvenile courts, and correctional homes, correctional facilities should not only be considered as correctional
agencies or correctional agents, but as a measure of their success in the
criminal justice system[6].
Rehabilitation
These are temporary homes where the child is kept before it is fully
integrated into the community. Back
care organizations are specialized homes registered with the activities of a government agency for the welfare
of rebellious children.
In aftercare organizations, children were provided with,
· Vocational training
·
Therapeutic training to improve mental
behaviour
·
Continuing education
·
Consensus on community
values
·
The economic ability
to feed oneself
·
Physical and mental
fitness activities
The
children are being cared for by the After Care Organization which is a
temporary home after leaving special homes and a children's home. Unlawful youth
and children in need of care and protection, both categories are placed in
aftercare organizations. Back care organizations help children live an honest
and active life. Back Care Organizations are set to achieve the primary goal of
allowing children and young people to become acquainted with the community. In after-care
services, children and young people are encouraged to live in a normal community
from their previous lives in institutional homes.
Background
organizations are nothing but a temporary home built for a youth group. In new born care organizations, suspended teens
are encouraged to learn a trade, and they contribute to the continuation of the after-home work. Any voluntary
institution or organization designated as an aftercare organization strives to prepare
children and youth for
independence and to develop community skills and health
to fully integrate them into society.
In the
after-child care program the children and youth are also provided with access
to social, legal and medical services
and appropriate financial support. Regular vocational education and training opportunities are provided to
children and youth in the aftercare organization to help them become financially independent and, in turn, make their own income.
The After
Care Organization should ensure regular follow-up and support after the child
or adolescent is reunited with the community
or community. Members
of the various governmental bodies
also work together to reintegrate a child or child into a
normal society by providing
psychological and economic support and providing them with post-social support through
constant monitoring.
Both
institutional and non-institutional measures are used not only for the proper
care and development of children but
also for the proper management of children's problems as the ultimate solution for the well-being of
children and youth, institutional measures must be applied[7].
Common Challenges
Although
there are differences between Reformation and Rehabilitation there are few
thins where both need few procedures/process even though
they are different-
Public attitude toward
perpetrators
Society, in general, tends to have a negative
attitude and a negative attitude
towards offenders. Many fail to understand the causes of
many crimes - poverty, addiction, mental health, etc. it can be a descriptive feature of why crimes are sometimes
committed. Most people do not see the
problems of criminals before and after being released from prison. Criminals
are rarely given jobs; they are
struggling to find jobs or continue their careers after being released from prison because of negative employers'
perceptions of the law. For many men, going to prison means they can no longer support their families financially - in
many cases, men are the breadwinners. Then they will no longer be
able to earn money because of imprisonment.
The need for change and rehabilitation of perpetrators
Changes and
renovations are often overlooked and are rarely considered a viable remedy. Currently, corrective measures for inmates
/ offenders include the selection of open prisons, trials, parole, etc. There are a number
of reasons why transformation and rehabilitation should
be considered as effective and efficient measures
for criminal justice.
Some of the reasons are:
Sinner's re-entry into society
Many lawmakers, once released, do not know how to function properly
in society. Re-entering the community and community can be very difficult and challenging for them. Despite
having a small crime record,
they may face some obstacles. Employment opportunities are also hard to come by, as employers
often do not trust people
who have just been released
from prison.
Repeat the crime
Because of the time of crime in prisons and the challenges they face when they re-enter
society in terms of social
or economic problems, it is essential
for them to return to a life that includes
crime. Once released from prison, offenders are not given adequate
support and are often left to fend for themselves outside the home. A 2005 study by the Bureau
of Justice Statistics found that in a
survey of 15 states in the United States, more than two-thirds of released
prisoners were re-arrested within three years of
their release.
Difference of Reformation and Rehabilitation in Prison
Reformation
The following are important norms and standards that have a direct bearing
on prison reform:
·
United Nations Standard
Minimum Rules for the Treatment
of Prisoners
·
A set of guidelines for safeguarding everyone detained or imprisoned in any way
·
Fundamental Guidelines for the Care of Prisoners
·
Tokyo Rules, or United Nations Standard Minimum
Rules for Non-Custodial Measures
· The Bangkok Rules (United Nations Regulations for the Treatment of Female Prisoners and Non-Custodial Measures
for Female Offenders)
Other UN documents
pertaining to the criminal justice
system:
· Human Rights
Declaration of Universal
· The Economic,
Social, and Cultural
Rights International Covenant
· Civil and Political Rights
International Covenant
·
The Convention prohibiting the use of torture and other cruel, inhuman, or degrading methods
of punishment or treatment
·
Fundamental Guidelines for the Care of Prisoners
· The following
international agreements have been signed:
· The UN
Declaration on the Protection of All Persons from Enforced
Disappearance
· The
Convention on the Elimination of All Forms of Racial Discrimination
· The Convention on the Elimination of All Forms of Discrimination Against Women
· The Code of Conduct
for Law Enforcement Officials
· The Basic Principles on the use of Force and Firearms
by Law Enforcement Officials
· The UN Recommendations on Life Imprisonment
Rehabilitation
Prisons are
no longer seen as places of punishment, instead they are called correctional facilities.
People who come here after the crime and their trial usually wait for their sentencing
which usually takes place after a long time. During this time the perpetrator
is expected to spend his time learning various skills that will enable him to
transform himself from a disorderly and disturbed criminal character into a person
with a sense of remorse who is ready to defend himself. In India according to
the prescribed rules of the Indian Jail Manual only a prisoner whose sentence has
been confirmed is required to participate in prison activities. They are paid a
small amount in the form of salaries. This has two aspects, one encouraging the
prisoner to learn a new skill, the second helping the convict to help his family
financially or in prison. The fastest way to convert a prisoner is used. Her
brain is analyzed and also given medication to stabilize her emotions and
improve her mood. Meditation and Yoga are taught in many Indian prisons so that
inmates can count their mistakes and change new leaves. All of these systems
and procedures are effective as long as one remains incarcerated. What will happen
next is a thought-provoking question yet lies in one of the pockets of the rehabilitation
program. How far does the transition work? Who are the rebels, and what is the
problem with prison re-enactment? And what is the role of the criminal justice
system in criminal
rehabilitation in the community is among the many questions this current
paper seeks to explore. A debate on
these questions is required. The idea of rehabilitation is further put forward by the criminal justice system as
its main effort is to change the judge when he is in prison. Community
safety and security play a major role. However, rehabilitation is an important
chapter in the life of a prisoner as he leaves the gates of a secure prison and
enters an unprotected world that
poses new challenges to him with the option of correction or not. Restoration of a prisoner in a free
society reveals a serious lack of support that can help the offender to be an effective role in public
life. The community finds it difficult to deal with the offender to successfully participate in the problem of
re-entry into the community. This inconsistency
reflects the lack of co-operation between the various sections of the criminal justice system. Prisoners released on
parole and without family support are experiencing difficulties in rehabilitation. The disciplinary process
seeks to secure
public safety in restoring the offender's morals emphasizing simultaneously on developing self-control and strengthening his ability to achieve his goals through law-abiding conduct.
Rehabilitation often means a positive, kind intervention aimed
at helping a prisoner return to normalcy in the community. A psychologist may
describe rehab as a result of positive reinforcement as counselling instead
of negative reinforcement as imprisonment. They all, however, disagree with this view. Scientifically there is no difference between
promoting good and bad. Behavioural psychologists are of the
opinion that both reinforcement has similar effects. It is not always true that rewards will change
behaviour in addition to punishment or vice versa. Correctional rehabilitation can involve a great deal of coercion
and even intimidation as the prisoner
realizes that he must change in order to be rehabilitated. Participation in
programs is focused as a step towards rehabilitation. Behavioural therapy helps to further guide the
perpetrator to correct himself according
to the norms of the free
world[9].
CONCLUSION
While it is
still a theory that requires more understanding and more experiments for up till
now, the view of reformation and rehabilitation stands its ground and makes a
successful case for itself. It would be in the best interest of all countries
to implement this system – both for the betterment of society and the
offender’s benefit.
[1] Khushboo Garg, Reformation and Rehabilitation of Offenders,
4th December 2020, https://legalreadings.com/reformation-and-rehabilitation-of- offenders/#:~:text=Rehabilitation%20can%20be%20defined%20as,power%20to%20overcome%20their%20mis
takes.
[2] Byju’s, Reforms in Criminal
Justice System, 22nd September 2021,
https://byjus.com/current-affairs/criminal-
justice-system-reforms-of-india/
[3] upcounsel, Punishment as
Rehabilitation and Reform: Criminal Law Basics, 2nd March 2020, https://www.upcounsel.com/lectl-punishment-as-rehabilitation-and-reform-criminal-law-basics
[4] Taylor & Francis, Aims and Scope of Reformation, 6th April
2019, https://www.tandfonline.com/action/journalInformation?show=aimsScope&journalCode=yref20
[5] Joseph Ayotunde Aderonmu,
Introduction to Rehabilitation, 19th December 2019,
https://www.physio- pedia.com/Introduction_to_Rehabilitation#:~:text=Gives%20hope-
,Range%20and%20Scope%20of%20Rehabilitation,following%20major%20trauma%20or%20stroke.
[6] Ayush Verma, Reforms needed in the Indian
criminal justice system, 5th November 2020, https://blog.ipleaders.in/reforms-needed-indian-criminal-justice-system/
[7] Anjali Dhingra,
Rehabilitation, 24th June 2019, https://blog.ipleaders.in/rehabilitation-of-juveniles/
[8] United Nation, Why promote
prison reform?, 29th July 2018, https://www.unodc.org/unodc/en/justice-and- prison-reform/prison-reform-and-alternatives-to-imprisonment.html
[9] Shubhra Sanyal,
Rehabilitation of Prisoners: A Debatable Issue, 18th August 2018, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3226279
Article Information
REFORM VS REHAB
Authors: NAGA YOGITHA THOTA
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/11/17
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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- License CC 4.0
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