LIJDLR

restorative justice.

CAPITAL PUNISHMENT AND REHABILITATION METHODS IN GANDHIAN VIEWS ON THE PRISON SYSTEM

CAPITAL PUNISHMENT AND REHABILITATION METHODS IN GANDHIAN VIEWS ON THE PRISON SYSTEM Dilsha.S, Research Scholar Department of Gandhian Thought and Peace Science, Gandhigram Rural Institute (DU), Gandhigram, Tamil Nadu, (India) Dr.R.Mani, Professor and HoD Department of Gandhian Thought and Peace Science, Gandhigram Rural Institute (DU), Gandhigram, Tamil Nadu, (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.175 The relationship between the death penalty and rehabilitation in the Indian criminal justice system is examined in this study, with a particular emphasis on Gandhian ideas. Despite ongoing discussions on its morality and legality, India has maintained the death sentence for the “rarest of rare” cases over time. According to Amnesty International (2021), there is insufficient proof to conclude that the death penalty deters significant crimes, despite its intended deterrent effect. Meanwhile, rehabilitation has become a more constructive and humane option. Programs including skill training, education, and counselling have been implemented in several Indian jails to reform offenders and lower the number of repeat offences (NCRB, 2022). The emotional and social effects of the death sentence on prisoners and their families are also highlighted by this study; these effects frequently result in social shame and chronic trauma. However, when done correctly, rehabilitation allows successful reintegration into society, better mental health, and personal transformation (UNODC, 2020). Additionally, the paper discusses the growing popularity of restorative justice techniques, which emphasize reconciliation and accountability above punishment. Mahatma Gandhi was adamantly against the death sentence, and his opinions form the basis of a significant portion of this study. He held that the goal of the legal system should be to heal, not to damage, and that no one is beyond reform. Gandhi’s focus on self-improvement, non-violence, and moral growth makes a strong case for meaningful rehabilitation in place of the death penalty (Gandhi, 1931). His theories urge society to view prisons as venues for change rather than as sites of retaliation. In light of contemporary criminal policy, this study revisits Gandhian ideas to make the case for a more humane and reform-focused approach to justice in India.

CAPITAL PUNISHMENT AND REHABILITATION METHODS IN GANDHIAN VIEWS ON THE PRISON SYSTEM Read More »

THE IMPACT OF CLIMATE CHANGE ON INDIGENOUS COMMUNITIES AND THE SIGNIFICANCE OF THEIR TRADITIONAL KNOWLEDGE IN CONSERVING ENVIRONMENT

THE IMPACT OF CLIMATE CHANGE ON INDIGENOUS COMMUNITIES AND THE SIGNIFICANCE OF THEIR TRADITIONAL KNOWLEDGE IN CONSERVING ENVIRONMENT Kavya Shukla, Student at the Rajiv Gandhi National University of Law, Punjab Download Manuscript This paper sheds light on the plight of indigenous communities as victims of climate change whose concerns have been institutionally sidelined and paid disregard by both the governmental and non-governmental bodies. The knowledge of the indigenous communities that has been garnered by them through centuries of experience and seasonal survival strategies shall be helpful in adapting and mitigating climate change, however, owing to our obsession with the modern and scientific methods, such traditional ecological knowledge is not paid due regard hence acting as retarding force in our collective development. The paper further enlightens regarding the intricate connection of indigenous communities and environment and how reciprocity exists between healthy environment and these people. The paper elucidates the injustice being meted out to these communities and seeks to enforce restorative justice through governmental measures. The paper attempts to sensitise the conscience regarding the sufferings of indigenous communities owing to disproportionate burden being placed on them despite contributing least to the adverse climatic changes. These communities have been forced to relocate and adapt to new changes in lifestyle which impacts their health and development. These communities share a spiritual bond with their lands and struggle to survive in the world of redrawn boundaries where these communities have been dislocated either regionally or nationally. The persecution faced by these people is a relic of historical colonization and contemporary capitalistic developments across the globe. This builds a strong case for indigenous communities to come forward and voice their concerns regarding the injustice faced by them. Restorative justice is the need of the hour to correct testimonial and environmental injustice. The paper elucidates the role played by Indian judiciary in safeguarding their rights while highlighting the significance of adaption and restoration. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 769-794. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

THE IMPACT OF CLIMATE CHANGE ON INDIGENOUS COMMUNITIES AND THE SIGNIFICANCE OF THEIR TRADITIONAL KNOWLEDGE IN CONSERVING ENVIRONMENT Read More »

CYBERBULLYING AND HATE SPEECH ON SOCIAL MEDIA: EVALUATING LEGAL REMEDIES FOR VICTIMS IN INDIA

CYBERBULLYING AND HATE SPEECH ON SOCIAL MEDIA: EVALUATING LEGAL REMEDIES FOR VICTIMS IN INDIA Girisha Pathak, Penultimate Student at ICFAI University, Dehradun. Dr. Vivek Kumar, Assistant Professor at ICFAI University, Dehradun Download Manuscript ABSTRACT Cyberbullying and online hate speech are pervasive issues affecting millions of internet users, especially young people. This research examines the legal framework in India for addressing cyberbullying and online hate speech, such as provisions in the IT Act and IPC. However, gaps exist as these laws were not designed for digital spaces. This paper analyzes potential legal remedies for victims, including strengthening intermediary regulations for social media platforms, enhancing law enforcement capabilities, empowering victims with civil remedies like injunctions and damages, and alternative dispute resolution methods. Doctrinal and qualitative research methods are utilized to evaluate these remedies. Findings suggest that while criminal laws help punish perpetrators, they have limited ability to prevent harms and compensate victims. Hence, solutions like imposing a duty of care on intermediaries to moderate content, allowing anonymity removal to aide enforcement, establishing cyber-courts and fast-track procedures for civil suits, and promoting mediation and restorative justice to give victims a voice, are proposed. The paper concludes that a multifaceted strategy is required to address this complex issue. Holistic legal reforms that balance free speech, privacy, prevention of harm, accountability, and user welfare are recommended. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue III, Page 244- 254. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content CYBERBULLYING AND HATE SPEECH ON SOCIAL MEDIA: EVALUATING LEGAL REMEDIES FOR VICTIMS IN INDIA EXAMINING THE AGE OF CONSENT: A CRITICAL ANALYSIS OF THE POCSO ACT ANTITRUST AND AMBITIONS: MICROSOFT’S ACTIVISION MERGER THE IMPACT OF TECHNOLOGY ON THE LAW EQUALITY: EXPLORING TRANSFORMING LAW AND WOMEN’S RIGHTS THE COLLEGIUM VS NJAC DEBATE: ANALYZING INDIA’S JUDICIAL APPOINTMENT SYSTEMS

CYBERBULLYING AND HATE SPEECH ON SOCIAL MEDIA: EVALUATING LEGAL REMEDIES FOR VICTIMS IN INDIA Read More »