NCJ Number
114850
Journal
Indian Journal of Criminology Volume: 16 Issue: 2 Dated: (July 1988) Pages: 88-105
Date Published
1988
Length
18 pages
Annotation
India's colonial penal code, the product of Lord Macaulay, used draconian measures to inflict mental and emotional pain on offenders. India's current criminological thrust should reflect Gandhi's vision of the healing of deviance through humane treatment and correction.
Abstract
The state's retributive infliction of pain on offenders perpetuates rather than terminates violence among India's citizenry. Criminal behavior stems from stress and anxiety fostered by unfulfilled needs and understimulation. Deviant behavior can be modified by addressing the stress and anxiety at the root of criminal behavior. This is not to ignore the consequences of criminal behavior for its victims. The state must focus on victims' needs as well as offenders' needs. When possible, part of an offender's rehabilitation should be to assume responsibility for relieving the victim's distress or loss. International law and India's Constitution both emphasize the humane treatment and rehabilitation of offenders. We must pursue Ghandi's view that offenders are patients and that prisons are mental and moral hospitals. India's courts have the responsibility of monitoring the implementation of such a philosophy in India's correctional institutions. 11 references.