Restoring Restorative Justice In Indian Criminal Justice System: Is Victim Offender Mediation A Way

Shraddha Mahesh Rathod, LL.M., Parul Institute of Law, Parul University

Dr. Rajesh Singh, Associate Professor, Parul Institute of Law, Parul University

ABSTRACT

ADR is mechanism which is mostly used only to resolve cases which are of commercial and civil nature. As it was been held in Afcons Infrastructure case, Criminals matters are not dealt by the ADR. However, looking at the grim situation of Indian Judiciary, we should endeavour to have ADR introduced in criminal justice system.

Keywords: Criminal Justice System, ADR

Introduction:

The mounting cases in Judiciary is at alarming rate. The present system fails to deliver expeditious and reasonable support to the parties in dispute. The procedural laws acts like shackles. The parties fail to get justice in complete sense as they slog in Court premise for years. This has led to advent of ADR mechanism. India has always followed alternative dispute mechanism right since ancient days even in criminal justice system. It is time that we regard reintroduction of ADR in Criminal justice system in India.

ADR includes- negotiation, mediation, arbitration and conciliation. The essence of Criminal Justice system is speedy trial which is ensured under Art.21 of the Indian Constitution. ADR can play an active role in reintroducing RESTORATIVE JUSTICE in India. This paper shall shed light upon ADR and its role in Criminal Justice system in India.