Corrective Justiceby PR Sarkar
Vicára is “justice” in English.
- It means “a particular type of mental process to ascertain the “truth”.
Human actions depend on relative principles. Justice is the truth in this relative world, within society.
The struggle between progressive and regressive forces, between good and evil, is a permanent feature of society. Justice lets the human intellect have an increasing number of opportunities to choose the path of righteousness.
Judgements are not always correct. But no standard for measuring intellectual progress has ever been or will ever be accepted as absolute.
Nevertheless, in every sphere of life we must make an ongoing effort to progress from imperfection to perfection.
A judicial process ends once a verdict is reached about anything, so a judicial process is not something complete in itself.
The full process is complete only when the verdict is implemented.
In other words, the utility of justice in social life is felt only when a penal measure, or better still, a corrective measure is implemented as per the verdict.
- But if at any stage, the judicial yardstick is not identical with truth, special care must be taken at the time of passing sentence on the accused in accordance with the verdict given.
Flaws will always unavoidably remain, no matter how good the judicial system, it is not the intent of nature for one human being to penalize another.
Whenever a punitive action penalizes somebody, a feeling of vindictiveness arises in the minds of those administering the punishment.
- This creates a malevolent mentality.
- Thus, the term “penal system” should be deleted from social terminology.
Any action done against another should be corrective, not punitive.
- If a system of corrective measures is introduced, criminals will have no reason to complain against anyone.
- Although there may be flaws in the judgement, it will not harm them in any way.
A person who is definitely guilty will benefit from a system of corrective measures.
- Even a person who is not guilty will benefit from such a system.
Thus, no innocent person should have the opportunity to think or say, “Although I am innocent, I am being punished because I couldn’t afford a good lawyer” due to flaws in the judicial system.
Society will suffer if an offender evades the law.
- But far greater damage will be done if an innocent person is penalized.
From the social or human viewpoint, everybody has the right to correct the behaviour of everyone else.
- This is the birthright of every human being.
- No scholar can dispute the right of people to correct the shortcomings of those with whom they come in contact.
- The recognition of this right is indispensable for the health of society.
Thus, corrective measures are necessary to complement justice.
Such an arrangement prevents a government from getting any scope to impose a violent, cruel penal system and an oppressive dictatorship on the masses.
Here lies the basic difference between the administrative system and the corrective system.
The severe discipline that is needed in the administrative system to strengthen the framework of society or that of the state is not necessary in the judicial system.
Rather, the judicial system is based on rational, tolerant, humanistic ideas and benevolent sentiments.
Thus, we see that in many cases there is a fundamental difference between the administrative and the judicial systems.
Judges can and will frequently temper the merciless attitudes of the administration with humane reasoning; the verdicts of humane judges will therefore be more acceptable to the populace of a state than the pronouncements of an insensitive administration.
If this does not happen it will immediately become clear that either an individual or party is abusing the power vested in them by the state.