Is harsh punishment necessary to ensure better governance and ensuring democracy? – UPSC Ethics

Is harsh punishment necessary to ensure better governance and ensuring democracy?

Prescription of harsh punishment to violators of law is often seen as a tool to better governance and strengthening of democracy. This argument rests on the following pillars-
  1. Law-violating politicians would be punished while law abiding ones would form part of government. This would ensure upholding of rule of law and hence constitution
  2. Anti-social elements of the society would be subjected to punishment thereby allowing other citizens to participate in democracy strengthening systems such as elections
However, harsh punishments can backfire in the following manner-
  1. Fear of getting subjected to punishments can prevent some bona fide decisions that can prove unhealthy for governance of the country
  2. Stronger punishments can alienate the wrong-doers instead of integrating them back into the society thereby weakening the moral fabric of democracy
Thus, it can be said that governments across the world should go for a mix of reformative and retributive justice with mild punishments.

 

 

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