Correctional
Correctional
                                                Shailza Thakur
                                             Ph.D. Research Scholar
                                       Department of Laws,H.P.U.,Shimla-5
ABSTRACT
The current penitentiary structure‟s primary focus on punitive and retributive forms of
punishment is ill-suited in safeguarding human dignity.Various sociologists, thinkers,
jurists and lawmakers have been advocating various reforms in the prison system all across
the world. It is now widely accepted that punishment alone fails to reform the wrong doer.
It must be accompanied by some methods to motivate and mould the conduct from bad to
good and from wrong to right. It must develop the humane faculties and sensitise them to
live and let live. In this light role of correctional institutions becomes important to shift the
emphasis from confinement to training; restriction to re-education and; punishment to
reform and rehabilitation. The reformative theory of justice postulates removing the
dangerous degeneracy in a criminal and afford them a chance to make a fresh start and lead
an honest life. This ensures fundamental human dignity, a most essential constitutional and
human right.
In this paper an attempt has been made to discuss the need and justification of correctional
reforms in the form of noncustodial sanctions, non-institutional methods to address
criminality. It delves into focussing on thereaupatic jurisprudence and restorative justice.
This paper further focuses on the new alternatives to imprisonment in criminal justice
system such as Open-Air Prisons, community services and modernization of prisons. It
focuses on means and methods adopted by open air prisons, community services and other
prison programs in inculcating vocational training, skills, meditation and yoga as a means
to rehabilitate the offender. At the end the paper delves into suggestive correctional
reforms, which can be incorporated to shift towards more humane practice and
emphasising on the need of treating the criminality in the prisoners rather than isolating
and excluding them from the society.
A. Introduction
“The purpose of the criminal justice system is both to rehabilitate and to punish. If we can
rehabilitate somebody, that’s a huge, huge win.” -Blake Farenthold*
indispensable component of the criminal justice system. The system cannot neglect the
correctional and rehabilitative component. Correction in its broadest meaning entails
redesigning, re-educating, and reforming the antisocial nature's character traits, mentality,
and emotions that led to his incarceration or commitment to a few correctional groups. A
person who was formerly a criminal is no longer required to remain a criminal. Criminal
behaviour is the outcome of social, psychological, and intellectual factors, which are
frequently treatable via compassionate expertise and medical treatment.
Correctional facilities focus primarily on crime prevention and offender rehabilitation. This
is comparable to both disease prevention and disease treatment. The assumption of
rehabilitation is that people are not permanently criminal and that it is possible to restore a
criminal to a useful life, to a life in which they contribute to themselves and to society. A
goal of rehabilitation is to prevent habitual offending, also known as criminal recidivism.
Rather than punishing the harm out of a criminal, rehabilitation would seek, by means of
education or therapy, to bring a criminal into a more peaceful state of mind, or into an
attitude which would be helpful to society, rather than be harmful to society.
Correctional facilities are the most essential component of the criminal justice system. The
purpose of the correctional system is to rehabilitate offenders so they do not violate the law
again. It was hoped that by punishing the offender, many others would be deterred from
breaking the law as well. In the penal system, there are two basic options: probation and
incarceration, each of which imposes significant restrictions on one's rights. Corrections,
centres, and other rehabilitative programs, including courts, juvenile court, correctional
homes, rehabilitation centres, and correctional agents are component of the criminal justice
system.The present correctional administration in India is making an effort of restoring
through education, industrial work, vocational training, and engaging in various
activities. In addition, therapeutic methods, yoga, meditation, etc. are practiced to bring
a prisoner into a more peaceful state of mind.
No Society can be completely devoid of Crime and Punishment for every Crime is
indispensable. Modern Criminologists, however, prefer to perceive criminals as „sick‟
person who deserve „treatment‟ in form of rehabilitation and reformation, instead of being
inflicted with retributive punishment. With the growing impact of Reformative theory of
punishment accompanied with demand to protect certain rights of prisoners ensuring
fundamental human dignity, correctional institutional mechanism has come to light.
The term „Correction„ is more aptly applied to refer the rehabilitation of the offender. It is
a generic term which implies to „correct„, „amend„ or „put right„ the criminal behavior. It is
concept of “self engineering chain” where the person is actor as well as reactor, an active
participant in the development of self.† Some believes that it is a revolving door.
‡
    Rehabilitation is said to be based on consequentialism approach of punishment. The
consequentialism approach postulates consequence of sentence. Rehabilitation is the one
except deterrence and incapacitation. It has also one major limitation that it can be resorted
to only after going through the whole process of criminal justice system.§ Rehabilitation
finds theoretical justification on the premise that offender commits crime because of
unfavourable social circumstances. Hence it is an obligation of the society to intervene and
right of the offender to take help from the society. Another justification is based on the
utilitarianism of Bentham. That way should be adopted which produces greatest happiness
of the greatest number of people. The rehabilitation theory also advances the concept of
restorative justice.
So far as the grammatical meaning of the the term "correctional institution" is concerned, it
means any place designated by law for the keeping of persons held in custody under
process of law, or under lawful arrest, including state prisons, county and local jails,
juvenile detention homes, and other facilities operated by the government for the purposes
of punishment, correction, or rehabilitation following conviction or adjudication of a
criminal offense.
As per the Websters Dictionary it means a prison institution maintained by the
government or a penal organization maintained with the assistance of the government.
Detention camp, detention house, detention residence, residence of detention – A place
where adolescent offenders may be temporarily detained (typically below the supervision
of a juvenile court) Jail, jailhouse, pokey, poky, slammer, clink – an institution for holding
†
   Donald T. Shanahan, The Administration of Justice: An Introduction 317-318 (Holbrook Press Inc.,
Boston).Cited in S.P. Singh Makkar, „Correctional Objectives of Prison: A Critique on Justice Krishna Iyer„s
Correctional Meditation‟ 39 PULR 143 (1992).
‡
  Ibid
§
   Travis C. Pratt, Jacinta M. Gauet.al.,Key Ideas in Criminology and Criminal Justice(Sage Publications. Inc.,
2011), available at: - http://www.sagepub.com/upm-data/36811_6.pdf (Visited on June 11, 2021)
(i) Discipline
Inmate schoolingvia way of means ofprepared courses, moulds them into the society`s
accountable people. The prepared and targeted timetable shall we the youngstersset up
consistency inside them.
       (ii)     Yoga
**
     Webster‟s Encyclopedia Dictionary, 69 (1978, New America ed.)
††
     Tapas Kumar Banerjee, Background to Indian Criminal Law 46- 47 (Orient Logmans, New Delhi, 1963).
Yoga is good for a prisoners' mental and physical development. Introduction of adolescent
yoga activities such as Pranayama, Soorya Namaskar, Halasana, Vakrasana, Thriconasana,
Bhujangasana, Padmasana, Dhanurasana, Mudrasana, Vakrasana, Shavasana, etc. This
supports them with their everyday lives, which keeps them healthy during the day.
     (iii)      Meditation
Meditation provides to individual who consistently performs it with various conveniences.
Many of the effects of exercise for adolescents or adult prisoners are holds him stress-free,
decreases attention span, enhances digestion and metabolism, promotes functionality of
the brain and mental health, etc. They will perform a light music early in the morning.
Silence and quiet activity place the children in a pleasant and relaxed state during the day.
     (iv)       Counseling
Well-experienced counsellors will periodically educate the youth. Counseling is therefore
relevant to improving the emotional health of youngsters. Strengthening their faith and
removing the shame and other demoralizing impacts on their minds is an utter
prerequisite.‡‡
     (v)        Vocationaland skill training
Institutions ought to recognise latent strengths and potentials inside a child through careful
examination and internal evaluation of growing infant. There are times where the inmates
must get additional experience and knowledge to excel in a certain field. A collection of
vocational training courses run by NGOs for children in Homes was also prepared during
a report on rehabilitation of children in dispute with the law . It has been noted that most
organisations provide courses on beauty culture, programming courses that include count,
MS Workplace, MS Excel, computers, laptop publishing, etc., and courses for cutting and
tailoring that include dressmaking, weaving, apparel design. Typing and stenography are
also widely available. Training to the inmates allows the child to learn his / her abilities
thus making the inmates gain some income with the aid of appropriate resource persons. §§
     (vi)       Computer Education
‡‡
   Sharma, Parul, “Point of View”, JIACAM, Vol. 1, No. 4, Article 6, National Law School of India
University (NLSIU), Bangalore, India, (2005).
§§
   Shastri, Paromita and Thukrai, Enakshi Ganguly, Blind Alley Juvenile Justice in India, published by HAQ,
Centre for Child Rights, (2010) at 11-24.
We are dependent on machine for everything in this fast-moving age. Of all fields of
function machine is an essential element. Inmates have a chance to develop themselves
with technological knowledge by digital education. Correctional Institutions help inmates
for developing technical skills among them.
        (vii)    Cultural Gathering
Section 39 of the JJ Act*** mandates the creation of a comprehensive treatment plan for
each adolescent for recovery and social inclusion that addresses the requirements and
support alternatives defined in the assessment process. It helps to define and manage all
their concerns effectively. The adult care program will be revised at frequent intervals so it
is stable and can meet a growing child's needs.
        (xi)     Rehabilitation through professional course
Research have found that deprivation is always the cause, though not the sole factor, for
adolescents to fall into violence. Financial stability holds the key to children's sustainable
growth. The easiest way to gain financial stability is when these kids pursue jobs in the
***
      Juvenile Justice (Care and Protection ) Act 2015,
best job environment. Technical classes may be connected to organizations via the
universities. †††
Institution will perform daily follow-up services on all inmates discharged to ensure that
the inmates is not returned to a stressful position. Institution will hold the inmates and their
families in daily touch. Daily follow-up practices aid reduces recurrence rates. Institutions
will conduct semi-annual meetings to receive input from the youth on their present
condition and to assess the additional measures required for their effective recovery. The
programme's core goal is to ensure zero recurrence. Community, social workers from like-
minded NGOs, SJPU police officers, Government Correctional Home for Boys
Superintendent are also part of such services. The plan, for both parents and teenagers,
provides adult and social counselling programs. Daily follow-up services help the children,
and their families establish a consistent partnership. ‡‡‡
Intermediate punishment options, restorative justice, and compassionate care are the patterns
that may continue to affect corrections.§§§ Following are the challenges before correctional
institutions.
Regardless about how strong the economy may be, corrections never see support improve.
Corrections, on the other hand, are considered as a significant source of cost savings when
budget cuts are required. It is difficult to explain in our culture that appropriate spending
for correctional facilities is as important as funding for our children's education or aid for
the vulnerable.
Correctional facilities are costly to create and run until they are functioning. This is
particularly true in prisons meant to hold the most violent prisoners. Therefore, we favor
the implementation of patchwork repairs to retain the functionality of current facilities over
the construction of new ones. In actuality, malfunctioning equipment frequently
jeopardizes occupational health.
Personnel health and prisoner abuse are so interconnected that they merit being addressed
as a combined issue together. Inmate abuse, particularly in the more violent groups of the
prison population, presents a challenge for many prisoners as well as for the
§§§
   Ibid.
****
    “Manohar, Sujata, “Human Rights of The Child Implementing the Juvenile Justice (Care and Protection
of Children) Act, 2000r, SCC 2(1) 2008 Feb at J 1-14”.
workers.††††Due to the fact that correctional institutions must maintain the most violent
inmates for the longest periods of time, the risk of ongoing abuse within prisons is
increased.
If inmates threaten each other, staff may interfere to regain care of the incident. The
interference jeopardizes workers. However, it is not just inmate-on-inmate abuse that is
raising fear for the health of personnel; aggressive prisoners are often attacking workers. It
explicitly relates to a recently stated issue about ageing jails and repairs in patchwork in
buildings. When jails mature and facilities deteriorate, there are more ways for the
prisoners to take advantage of compromised structures, thus growing the danger to staff
welfare.
This is the ideology of the Indian criminal justice system whereby convicts are deprived all
the human freedoms whereby they normally enjoy not simply because of the prosecution.
In jail the convict is stripped of his rights and self-determination. Prison is a location where
the inmates' human rights are inadmissibly abused and officially denied The Regional
Human Rights Commission's review of Jail Tour Data from several States provides a
mixed picture of inmate recovery. Many prisons are overcrowded. For other prisons in UP,
the system is over one hundred years old. Hardcore prisoners who have government
security are talking of abuse on jail workers. Health and medical services are not up to the
††††
    Saran, Vineet J, “Child in need of Care and Protection,” Allahabad Law Magazine, 2008, at 278
‡‡‡‡
    “Ministry of Woman and Child Development, Government of India, Building a Protective Environment
for Children, (2006) at 23”.
mark either. The most critical aspect in recovery is a poorly trained and obsolete technical
training in the lack of rivalry and non-modernized correctional system, it impacts the post-
                                                                                  §§§§
release rehabilitation of the prisoner into community.                                   The Ministry of Home Affairs
announced to parliament in August that from April 1, 2012, to February 15, 2013, 318
                                                                                                            *****
instances of custodial torture have been identified from various states.                                          The ministry
also claimed that there were 126 cases of custodial death registered by the states during the
same period.
The Supreme Court in Bachan Singh's case refrained from extending its arms in the issue
of granting death sentence. Subsequently, in the case of Macchi Singh‡‡‡‡‡, it opened its
doors to rationalize the concept of the rarest of rare values and was not implemented
universally in the decision of the death                                    penalty or life imprisonment.                         In
SwamyShraddananda v. State of Karnataka§§§§§ the Supreme Court noted that the
sentence procedure lacked a fair playing field.
§§§§
    Ashuthosh, Rights of Accused, 2nd Edition, Universal Law Publishing (P) Ltd, New Delhi.p.143
*****
     Ibid.
†††††
     AIR (1973) 1 SCC 20
‡‡‡‡‡
      AIR 1980 SC 898
§§§§§
     AIR (2008) 13 SCC 767
There will be analysis of the criminal justice system in our nation to make it more
purposeful and efficient. When an infant is brought into detention for performing a felony,
he is held at home for monitoring before his appeal. He is facing two forms of attack whilst
in observation house. The first form of attack is physical in nature and the other is
psychological in nature.
******
      AIR 2013 SC 447
††††††
      “Gurbax Singh, Law Relating to Protection of Human Rights and Human values, Vinod Publications
(P). Ltd, Delhi”
‡‡‡‡‡‡
       Manuel Theodore D‟Souza & Another, Bombay High Court (Justice Rebello), II (two thousand) DMC
292.
§§§§§§
    Gaurav Jain V. Union of IndiaAlR 1990 SC 292
*******
     Sharma, Renu.” "Legal-Framework for Children in Conflict with the Law in India." “The Indian
Journal of Social work: Tata Institute of Social Sciences (2010).”
According to a report from Care Share India, it is even called "Pila Prison" due to the
excessive load of the inmates. As outlined by the Indian government in juvenile justice,
children's lives are more frightening than the family environment in which they fled, and
often worse than street life. According to one study, the food the government supplied to
these shelters, or. Mealsof threetimes a day, little nutritional value, almost inadequate.
Many of them show obvious signs of malnutrition when consumed from hunger. They
gave them a painful stomach cramp. "Tableware is not always washed after every meal.
With the old rice given for lunch and dinner, children often crawl on the leftovers from the
previous meal that are still clinging to the dishes. Find out. "Children's health is a cause of
concern. Poor hygiene, poor nutrition, and lack of space make children prey to many
contagious diseases. Children are rarely allowed to change clothes. Security guards do not
clean corridors and bathrooms that are infested with cockroaches and lice. As a result,
many children develop skin infections, dysentery, shingles, genital warts, and sexually
transmitted infections. The house also does not provide medicine or labor to take children
to public hospitals. Water shortages, lack of drainage systems, and functioning toilets all
have exceptionally low levels of hygiene in homes.†††††††
     E. Conclusion and Suggestions
Suggestions
     1. The new law needs to clearly define the general goals of the correctional
           institutions.
†††††††
      Muncie, John.” "Institutionalized intolerance: youth justice and the 1998 Crime and Disorder
Act." “Critical Social Policy 19.2 (1999): 147-175.”
     2. Each state government / Union territory government must set specific goals and
           objectives not only for departments but also for individual agencies.
     3.    Organizational and institutional goals should be reviewed at least annually.
     4. The National Prison Commission needs to work functionally with the state's
           criminal organization to consider the achievement of goals and objectives, and to
           consult with them to plan future organizational, human and functional structures.
           there is.
     5.    Headquarters in prisons and correction services under the direct control of each
           state and federal territory require well-staffed planning and research units.
     6.    Each state / Union territory needs to develop a long-term and short-term planning
           integration process and establish a management and operational plan. The National
           Committee on Prisons needs to coordinate these plans and monitor their progress in
           order to have a nationwide perspective on prison development.
     7. The National Prison Commission needs to develop and fund several pilot projects
           that will serve as demonstration projects for the development of prison
           management.
     8. Prison research must be problem-oriented and practical. This work should also
           require cooperation with external agencies.
     9. It is necessary to systematically collect statistical data on uniform patterns
           nationwide. The National Prison Commission is required to publish an annual
           statistical report on prisons.
     10. Prisons and National Plans Correction and rehabilitation programs for criminals
           should be part of our national plan.
     11. Funds for the renovation and new construction of old buildings will be provided to
           the state government by the central government as planned.
F. Conclusion
           now no longer like animals and chattels. At the identical time, the precautions need
           to      be     taken      the     ones      correctional          establishmentsaren'ttransformed                    into
           luxurioushousesto drawelevated people. The major problems being experienced by
           India's correctional institutions are overcrowding, prolonged detention of under-
           trial        prisoners,       unsatisfactory           living        conditions,          lack       of      treatment
           Programs‟s,indifferent and even inhuman approaches of prison staff , Abuse of
           Prisoners,Custodial Tortures /Deaths,Corruption,Poor Budget for Health and
           Care in Prison etc. In order to face these challenges authors already suggested
           some effective counter measures in the previous part of this paper.