Restorative Justice in India: Bridging Accountability and Healing
Kailash, Dr. Moumita Rout
Page No. : 35-55
ABSTRACT
"To err is human, and to forgive is divine." Divinity is difficult to represent in legal terms; however, the force of law is employed to rectify human errors. It is a well-known fact that crimeless societies are a myth, and some forms of crime are perpetually present in society. However, the state makes every effort to exert maximum control over it and ensure that those who have suffered receive justice. This is achieved through the traditional criminal justice system, which emphasises punishment and retribution. Nevertheless, the state has experimented with a diverse array of legal systems and theories of punishment in an effort to address the actions of wrongdoers. This article takes a look at restorative justice, a paradigm shift that places an emphasis on identifying and holding wrongdoers accountable for their actions. It also endeavours to guarantee that the perpetrator understand and acknowledge their responsibility for repairing the harm done in order to prevent further harm. This article emphasises the significance of restorative justice by conducting a thorough literature review and analysis of a diverse array of restorative justice models, while also taking into account the current challenges of its implementation in India. It provides policymakers with strategic recommendations for implementing the same.
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