RESTORATIVE JUSTICE: A VICTIM’S PERSPECTIVE- (Blog)


Concept

Restorative Justice is a theory of justice in which crime is considered to be more than just breaking of the law; it is concerned with the harm caused and aftermath of the consequences which the commission of the crime leads to. According to National Institute of Justice, Restorative Justice is a philosophical concept in criminal justice system where the repair needs to be done by the harm which is caused by the wrongdoer. The concept of Restorative Justice System can be traced back to the United States of America where it reportedly first began in early 1970’s , labelling it as  a “new” mode of criminal justice system.

The concept may also be referred to as a movement which compels the criminal justice system to re-think the attributes of implicit crimes. It is quite evident in developed countries where due leverage is given to the victim who has suffered because of the wrongdoer. Apart from punishment, it also emphasises on helping the anguished victim of the crime committed. Often the concept of Restorative Justice is clubbed with mediation and arbitration, by which the victim can get fairly compensated but this theory is a myth. Moreover, in restorative justice the wrongdoer is made to realize the wrong and the consequences following his/her actions.

Restorative Justice vis-à-vis Criminal Justice

When we compare criminal justice system to restorative justice system the broad line of difference is that in the criminal justice system, the crime committed violates the Law and State, whereas on the other hand, in the restorative justice system the crime committed violates people and obligations which are to the contrary. 

There are few questions which arise in restorative system of justice, like who is the sufferer? What are their needs now? By these questions we can deduce that Restorative System of Justice is not a parallel to the criminal or penal system, but it has to be imbibed into the existing system.

Laws and Statutes

In India, there has been several legislations to support the restorative justice system, such as The Code of Criminal Procedure (Amendment), 2006 wherein the Bill defines a “victim” and provides for a victim compensation scheme. The victim may be permitted to appoint a lawyer to “coordinate” with the prosecution and for claiming his damages which are ought to be provided to him. Similarly in The Juvenile Justice (Care and Protection), 2015 wherein it addresses children in conflict with law and in need of Care and Protection from the law to which he/she is entitled to. In this legislation, we learn that the concept of Restorative Justice is strictly adhered to. 

I would like to conclude by distilling the concept of restorative justice with the prospect of pervasive criminal justice in theory as well as in practice, so that we can arrive at a decision  on the issue whether the victims sufferings is pro rata to the damages awarded.

 -Muskaan Bangani

 Mody University of Science and Technology


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