Rehabilitation of Prisoners: A Debatable Issue

20 Pages Posted: 18 Aug 2018

Date Written: November 16, 2010

Abstract

Prisons are no longer considered as punitive places, rather they are termed as correctional homes. People coming here after committing an offence and standing trial commonly wait for their conviction which often takes place after a considerable time. During this period the offender is expected to utilize his time in learning various skills which will enable him to transform himself from a disorganized and disturbed person with criminal tendencies to a sensible person filled with remorse preparing to turn a new leaf for himself. In India according to the prescribed rules of the Indian Jail Manual only a convicted prisoner whose sentence is confirmed is made to participate in the activities of the prison. They are paid a nominal amount in the form of wages. This has a two-pronged effect, one it motivates the prisoner to learn new skill, and second it enables the convict to help his family financially even when he is in the prison. A proactive approach is practiced to reform the prisoner. His mind set is being studied and he is further provided with therapeutic treatments to stabilize his emotions and improve his mental conditions. Meditations and Yoga are taught in many Indian jails for the inmates to reckon their mistakes and to turn a new leaf. All these programs and practices are effective as long the person remains incarcerated. What happens next though is a thought provoking question yet it lies dormant in one of the pockets of the correctional system. How far is reformation effective? Who are the recidivists, and what are the crisis in the re-entry of the prison back in the community? And what is the role of the criminal justice system in the resettlement of the offender in the society are among the numerous questions which the present paper attempts to explore. A debate on these questions is necessary. The idea of rehabilitation is given a later priority by the criminal justice system as its foremost effort is to reform an offender when he is in prison. The security and the safeguard of the community take the upper hand Yet rehabilitation is an important chapter in the prisoner’s life when he steps out from the secured gates of the prison into the insecured world which holds out new challenges for him with an option to adjust or not to adjust. Return of the prisoner to the free community reveals a major lack of service which can assist the offender to become an effective participant in the life of the community. The society finds it difficult to cope with the crisis of re-entry into the community. This incongruity reflects a lack of coordination among the various segments of the system of criminal justice. Inmates discharged on completion of sentence without parole and having no family support, encounters difficulties in rehabilitation. The correction system endeavors to get the protection of the community in the rehabilitation of the offender emphasizing at the same time on developing self discipline and strengthening his potential to achieve his goals through law abiding behavior. Rehabilitation usually refers to intervention that are nice, benevolent well intended helping a prisoner to adjust back in the society. A psychologist might define rehabilitation as the effect of positive reinforcement such as counseling rather than negative reinforcements such as imprisonment. All however do not agree with this view. Scientifically there is no difference between a positive and a negative inducements. Behavioral psychologists are of the opinion that both the reinforcements have a comparable effects. It is not always true that rewards will change behavior more than punishment or vice versa. Rehabilitation can involve a substantial degree of coercion even of intimidation like making the prisoner understand that he has to change to get rehabilitated. Participation in the programs are focused as a step towards rehabilitation. Behavior modification therapy helps further in guiding an offender to reform himself according to the norms of the free world.

Keywords: Rehabilitation, Prisoners, Debate, Criminal, Reintegration, Sentencing Policy, Prison Management, Behavior, Recidivism

Suggested Citation

Sanyal, Shubhra, Rehabilitation of Prisoners: A Debatable Issue (November 16, 2010). Available at SSRN: https://ssrn.com/abstract=3226279 or http://dx.doi.org/10.2139/ssrn.3226279

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