Restorative Justice: An Alternative To Traditional Criminal Justice

Dr. Devendra Singh, Professor, Amity Law School, Noida

Shreya Bhatnagar, B.A. LL.B., Amity Law School, Noida

ABSTRACT

Retributive justice focuses on punishing lawbreakers and compensating victims, with the severity of punishment corresponding to the seriousness of the crime. It revolves around questions such as what law was broken, who broke it, and what punishment is mandated by law. However, this approach often overlooks the needs of victims and fails to address the underlying causes of criminal behavior.

Restorative justice emerges as an alternative approach to address these shortcomings. Unlike the adversarial nature of traditional justice processes, restorative justice focuses on repairing harm and restoring relationships between offenders, victims, and communities.

Restorative justice strategies provide a platform for victims to have a voice and actively participate in the resolution process. It is crucial to recognize that conventional and restorative forms of justice are not mutually exclusive but rather complementary. It seeks to address the underlying causes of criminal behavior and promote healing and reconciliation.

Therefore, this paper provides insights into the potential of restorative justice as an alternative to traditional justice processes in addressing the needs of victims, particularly those affected by criminal abuse. By prioritizing healing, reconciliation, and active participation, restorative justice offers a promising pathway towards a more effective and inclusive criminal justice system in India.