“Punishment the aim of which is to alter the character of the wrongdoer.” (Bryan)

The penalisation system is an integral part of criminal justice and for maintaining Social Security. The progress of civilization has resulted within the change within the theory, technique and motive of penalisation. The practice of penalisation is important for the maintenance of social cohesion. Law is one among the vital pillar of the state. To administer justice penalisation is required and duty of the state to produce peaceful surroundings to its individuals. With the change of your time, the systems of penalisation have met with totally different kind of changes and modification.

The concept of punishment has also changed like the concept of State responsibility over the centuries. The nature of punishment depended on the basis of religion and the administration of the Kings. During ancient times, the concept of punishment was retributive basis, where the criminals were given barbaric form of punishment. Later, over the passage of ages, the importance of human rights increased which in per se paved way for the substitution of Retributive theory by Reformatory and Rehabilitative theory.

According to Reformative theory, the object of punishment should be the reform of the criminal, through the method of individualization. It is based on the humanistic principle that even if an offender commits a crime, he does not cease to be a human being. Reformative theory focuses on an individualistic approach. It focuses on the change of a criminal and a belief in re-educating and reforming of the criminals. The advocates of this theory contended that by a sympathetic, tactful, and loving treatment of the offenders, a revolutionary change may be brought about in their characters. Even the cruel hardened prisoners can be reformed and converted into helpful friends with good words and mild suggestions. According to this theory, crime is related with the prevailing psychological or physical characteristics of the offenders and with the surroundings and circumstance of the society. Hence, the criminal is treated as a patient. therefore penalisation isn’t used as a live to reclaim the wrongdoer and to not torture or harasses him/her.

Mahatma Gandhi once stated (An eye for an eye leaves everyone blind can employing reformative theory heal the current crime rate and polish the punishment system in India, n.d.) Hate the Sin, but not the offender. the foremost thrust of the reformist theory is that the rehabilitation of inmates in penal institutions in order that they’re transformed into law-abiding citizens. Few of the modern reformatory techniques of social control are primarily devised for the treatment of offenders according to their psychological traits such as: (i) probation, (ii) parole, (iii) indeterminate sentence, (iv) admonition and (v) pardon.

The early criminal justice system did not recognize any distinction between adults & juvenile offenders so far punishments were concerned. It is only with the popularity of Reformative theory of punishment, it was realized that the youngsters between a certain age group should be differently treated .in the matter of punishment because they are easily attracted to temptations of life & thus lend into criminality without any real intention of committing a crime. In modern India, the important area of the application of correctional & reformatory approach relates to Juvenile Offenders-the young & immature violators of the law who do not understand the gravity or consequences of their unlawful acts.

Criticism of Reformative theory-

Jurist Salmond, “A Reformative element in punishment is important and should not be overlooked but at the same time it should not be allowed to assume undue importance. He says that crime cannot be treated as a disease.”

Firstly, there are some criminals who are incurably bad. Secondly, if the offenders are kept in prisons very comfortably, the prisons might turn into dwelling houses, at least for the poor and destitute. Thirdly, this theory does not take into consideration numerous other causes of committing crime. In those cases where crimes are committed casually the Reformative punishment is useless. Jurist Salmond has stated that, “the application of the purely Reformative theory, therefore, would lead to astonishing and inadmissible results.”

Reformatory theory of punishment has very limited application. Psychologists say that behavior which comes under the domain of habit cannot be changed so easily. Moreover, this theory cannot be applied in every society.

Conclusion: India is the follower of the Reformative theory of punishment.  Reformative theory is a practical approach for petty crimes like theft, but not for serious offences. Further, there is no guarantee that this theory alone can change the thought process of offenders and their actions. Hence, Reformative theory must be approached along with the Deterrent theory which is a balanced approach.

References: https://www.lawctopus.com/academike/reformative-theory-of-punishment/

https://www.ijlmh.com/paper/reformative-theory-of-punishment-analyzing-the-status-in-india/

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