Bridging Justice And Healing: Evaluating The Role Of Restorative Justice In Juvenile Sexual Offences In India
- IJLLR Journal
- 10 hours ago
- 2 min read
Pundarik Kumar, CHRIST University, Pune – Lavasa
Ms. Priya Mondal, Assistant Professor at CHRIST University, Pune – Lavasa
ABSTRACT
The increasing involvement of juveniles in sexual offences in India has raised serious concerns about the effectiveness and appropriateness of the existing punitive justice model. Traditional approaches, grounded in retribution and deterrence, often neglect the developmental, psychological, and social complexities associated with juvenile offenders. Moreover, these models frequently fail to address the healing needs of victims, leaving both parties inadequately served by the legal system. This paper explores the potential of restorative justice as an alternative framework for addressing juvenile sexual offences, emphasising reconciliation, accountability, and rehabilitation over punitive outcomes.
The research critically examines the current legal framework in India, particularly the Juvenile Justice (Care and Protection of Children) Act, 2015 and the Protection of Children from Sexual Offences (POCSO) Act, 2012, highlighting their limitations in facilitating restorative interventions. It draws upon comparative case studies from countries like New Zealand, Canada, Australia, and South Africa, where restorative practices have been integrated into juvenile justice responses, even in sensitive cases involving sexual harm. These global experiences are evaluated in terms of models like Victim- Offender Mediation (VOM), Family Group Conferencing (FGC), and Circles of Support and Accountability (CoSA).
Methodologically, the study adopts a socio-legal and critical discourse analysis approach, combining doctrinal legal review with sociological inquiry to assess the adaptability of restorative justice in the Indian socio- cultural context. Key findings suggest that while restorative justice presents a promising path forward, challenges such as social stigma, lack of legal infrastructure, ethical dilemmas, and the need for capacity-building among stakeholders must be addressed. The paper concludes with policy recommendations and calls for a rights-based, trauma-informed justice model that balances protection, accountability, and reintegration, ultimately contributing to a more compassionate and effective juvenile justice system.
Keywords: Juvenile Justice, Restorative Justice, Sexual Offences, Rehabilitation, Victim-Offender Mediation, POCSO, Indian Legal System.
