Towards Restorative Approach of Justice – A Shift in Paradigm

Abstract

The involvement of victims of crime and the active participation of victims in the criminal justice process has been an issue of interest among both academicians and professionals globally. The ideological debate whether restorative discipline of practice offers victims a better deal than conventional criminal justice system has gathered a wave among many supporters of the concept. Moreover, restorative justice promoters argue that the status of victims of crime has been given little attention in the criminal justice process from the beginning of the modern criminal justice system to recent years. In view of this, restorative justice (RJ), an alternative to the dominant retributive/ deterrent justice system, has been argued to be more holistic approach that encompasses the victim, offender and the community. In contemporary times, more and more stakeholders of criminal justice system are looking within their existing cultures and finding models and traditions that can be adopted or adapted to suit a culturally sensitive dispute resolution and reconciliation process. However, not very much of this knowledge and practice, or its potential benefits to crime and conflict prevention and social reconciliation, have been researched. So, on the basis of the international recognition attached to the restorative justice as an alternative to prosecution, this paper will enquire into existing legal provisions and rights available for victims of crime, nature of challenges faced by victims while navigating through process of justice, how restorative justice can be an improvement over existing system and role of stakeholders involved. It will also explore, by following examples from several other common law jurisdictions, how India can experiment with more democratic models aimed at reconciliation and restoration of relationships.