"Too err is human". We all must have committed some wrong in
our lives. It is a natural tendency to believe that all wrongdoings must be meted out
with a commensurate punishment. However whether any wrongdoing warrants a
punishment that goes to the extent of imprisonment is debatable on ethical
grounds.
Punishment is one of the way to reform people. It
indicates that certain behavior will not be tolerated in society and one must
conform to the rules of society for the greater good of society. Imprisonment,
a form of punishment, is based on following premises
1) Isolation of accused from society to avoid repeat of
the criminal act.
2) Retribution - By taking away freedom of free space,
vocation and other rights , inherent values of accused is taken away, which is
the price for breaking the laws of society.
3) Justice -It provides justice for the mental, physical,
economic and social problem undergone by the victim.
4) Reform -Imprisonment provides time to rethink ones
behaviour and reform his behaviour according to social norms of the time.
5) Deterrence to upcoming crimes
Punishment is not only way to correct wrong doings. Love
and acceptance, penance, and reform houses are other options. Though these
options seems quite lofty, but are ineffective in practice if the criminal does
not repent his crime.
Many crimes are committed by those who are unable to find
any employment and are made to commit some wrong out of necessity to
earn livelihood. Also, crime done due to circumstances, temporary
insanity, societal pressure or threat to life need not be punished by imprisonment.
Also, crimes by minor should not be punished by imprisonment as it will morph
his understanding of the society and leave an indelitable impression on him.
Thus, there is a need of balance to provide psychological
support and rehabilitation with lesser degree of punishment like social work
for lesser crimes while harsher punishment like imprisonment for harsher crimes
and repeat offenders. After all the purpose of punishment is reform and
rehabilitation of offender in the society.
