Criminal Justice Reforms In India: Challenges In Implementing Restorative Justice
- IJLLR Journal
- Aug 15
- 1 min read
Advocate Imtinungkum AO, Legal Practitioner, Tura Bar Association, Meghalaya
ABSTRACT
India's criminal justice system, rooted in old colonial laws, primarily uses punishment to address crime, focusing on penalizing offenders rather than aiding victims, resolving issues, or reuniting communities. This approach inadequately addresses victims' needs, offender rehabilitation, or community restoration, prompting calls for significant reforms. Restorative justice, which seeks to repair harm through dialogue among victims, offenders, and communities, is one proposed alternative. While the Juvenile Justice Act of 2015 employs restorative practices for young offenders, limited legislation exists for adults. Resistance from some lawyers and judges stems from a belief that justice equates to punishment. Additionally, the scarcity of qualified facilitators and limited public awareness hinder restorative justice's effectiveness. The Justice Malimath Committee and the Ministry of Home Affairs have initiated legal and policy changes to prioritize victim support and offender rehabilitation. Successful implementation requires robust legislation, collaboration, public education, and a shift in the perception of justice.
This study examines the challenges India faces in adopting restorative justice and its potential for transformative change, suggesting that despite these challenges, restorative justice can bridge the gap between law and compassion, and justice and humaneness, in India.
Keywords: Restorative justice, reconciliation and victim healing, alternative to traditional punitive models, social fabric, community reintegration
