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The Impact Of Solitary Confinement On Theories Of Punishment




Roshana R. Gopal, B.M.S. College of Law, Basavangudi

ABSTRACT

Solitary Confinement (hereon, SC) is a form of punishment where the inmates live in single cells with little to no contact with others. It is usually practiced to protect an inmate against a threat or as a form of disciplinary segregation. Indian penal code under section 731 allows for this rigorous punishment to be exercised for a period not exceeding 3 months on the whole, but, globally, there are prisoners who are rotting in "the Hole" 2 for decades. It is an established fact that these inmates exhibit signs of mental illness from anxiety to cognitive disturbances and paranoia. They are susceptible to self-harm. They have weakened voice-box, reduced eye-sight, and suffer from heart palpitations. The phenomenon of 'social death' makes it seemingly impossible to restore these inmates to normal life after they are released. Anybody coming out of this desolate room is incapable of not committing a further offense and its deterrence is but a hollow claim.

This research paper is a study of the repercussions of Solitary Confinement on Reoffence, the extent of Deterrence, and the quality of Rehabilitation.

Keywords: Solitary Confinement, Punishment, Reoffence, Deterrence, Mental health, Rehabilitation, Prison, Disciplinary Segregation, Isolation

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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