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15 AUGUST, 2017 (MAINS)



Q1. Which theory of punishment retributive or restorative, do you recommend and why? (2014/20)


Please write the answer in comments section

  • jaish

    Concept of crime and punishment related to each other. Crime is generally a legal concept and refers to the violation of law which may be violent and non violent in nature. The concept of crime is essentially concerned with the social order and it is relative term which means at one place, it may be crime and for other place it may not be.
    The concept of punishment is that of inflicting some sort of pain on the offender for doing crime.
    Retributive theory of punishment:-
    It is deontological theory of punishment which ends in itself. It is based on “an eye for an eye and tooth for a tooth”. In this type of punishment, it is proportional punishment given by the court of law to crime done.
    However, it has some demerits, like it is not necessary that it will create a deterrent to the criminals and moreover it is also not sure that criminal will realise his mistake and feel remorse. It is also possible that criminal will become even worse after punishment. As a matter fact, it do not remove the cause of crime. For controlling the crime, it is important to to remove the root cause of the crime. Which retributive theory fails to do that.
    Restorative is type of distributive theory of punishment in which citizen who have affected by the crime must take an active role in addressing that crime. Here law of court has secondary role. In this, offender should take responsibility of crime and victim should heal the harm inflicted by crime.
    However in this type of punishment, offender will do the crime and take responsibility and will get free but deterrence against the crime will not happen and reformation in the criminals is also not certain.

    As a matter of fact, we should hate the crime not criminal. For doing so, there is need to understand the root cause of the crime and it should be eliminated as soon as possible to reduce the crime. And reformative theory of punishment is what we should adopt to reform the criminal because we should treat the criminal behaviour as sickness. And for heinous crime retributive theory should be adopted.