Critical Appraisal of Judicial Creativity in the Development of Prison Reforms

  • Aditi Shreenivas Prabhune
  • Show Author Details
  • Aditi Shreenivas Prabhune

    Student at Symbiosis Law School, Pune, India

  • img Save PDF

Abstract

Liberty is one of the most precious and cherished possessions of a human being and this would resist forcefully any attempt to diminish it. Similarly, rehabilitation and social reconstruction of life convict, as objective of punishment become paramount importance in a welfare state. All men are born Equal and they are endowed by their creator with similar basic rights. These rights are mainly rights of life and liberty which has been recognised by various Constitutions of world, but if there are some persons who don’t comply with ethics and standards of society then that person is deprived of these rights with proper punishment. If there is a Society without crime is a Utopian theory. The State has to achieve the goal of protecting the society from convict and also to rehabilitate the offender. There is a very real risk of revenge attack upon the convict from others. Punishment enables the convict to expiate his crime and assist his rehabilitation. This research Paper aims at understanding the judicial reforms and judicial creativity in understanding the Prisoners right with the help of various constitutional provisions and providing suggestions for the development of prison system in India.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 3, Page 3308 - 3317

DOI: https://doij.org/10.10000/IJLMH.11878

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright

Copyright © IJLMH 2021