Restorative Justice - a Need of Hour in India
RESTORATIVE JUSTICE --NEEDS MORE RECOGNITION:-.
ABSTRACT.
“Restorative justice in developed and few Asian countries have made a number of effectiveness of restorative and reparative areas in relation with petty/juvenile offences related with first timers as well as beginners etc. This article will examine the use of restorative justice as to have better offender’s management with respect to India where Indian Police and criminal laws are playing major role. It concludes that the role of community is very minimal and Police is also forbidden by law not to be involved in negotiation process or convince either side rather register criminal case and make charge sheet/ final report to the court of law. Thus there are inherent deficiencies in the criminal law which are forbidding justice reaching the door steps of the victims even in minor / bailable offences.” Key words:- Restorative justice, reparative, victimology, compensation, community policing, Procedural fairness, legitimacy. Plea bargaining. Introduction. In a criminal case both parties i.e. accused and victims, come close to each other and voluntarily agree to settle the matter by way of either forgiveness ,fine or compensation without registering criminal cases in the police station,. Thus victims get suitable compensation as agreed by the Accused .Since parties are getting settled the matter voluntarily , so further cases are not initiated by the Police. As all of us know that courts are over burdened, it takes a lot of time to get a decision from the court. Most often, witnesses turn hostile and Justice goes out of reach for poor victim. Thus Restorative justice has come with a great hope in the realm of criminal law. It would be a great success if the offenders are reintegrated into society without incarcerations and stigmatization and at the same time the victim get suitably compensated. This makes the situation better for both the
ABSTRACT.
“Restorative justice in developed and few Asian countries have made a number of effectiveness of restorative and reparative areas in relation with petty/juvenile offences related with first timers as well as beginners etc. This article will examine the use of restorative justice as to have better offender’s management with respect to India where Indian Police and criminal laws are playing major role. It concludes that the role of community is very minimal and Police is also forbidden by law not to be involved in negotiation process or convince either side rather register criminal case and make charge sheet/ final report to the court of law. Thus there are inherent deficiencies in the criminal law which are forbidding justice reaching the door steps of the victims even in minor / bailable offences.” Key words:- Restorative justice, reparative, victimology, compensation, community policing, Procedural fairness, legitimacy. Plea bargaining. Introduction. In a criminal case both parties i.e. accused and victims, come close to each other and voluntarily agree to settle the matter by way of either forgiveness ,fine or compensation without registering criminal cases in the police station,. Thus victims get suitable compensation as agreed by the Accused .Since parties are getting settled the matter voluntarily , so further cases are not initiated by the Police. As all of us know that courts are over burdened, it takes a lot of time to get a decision from the court. Most often, witnesses turn hostile and Justice goes out of reach for poor victim. Thus Restorative justice has come with a great hope in the realm of criminal law. It would be a great success if the offenders are reintegrated into society without incarcerations and stigmatization and at the same time the victim get suitably compensated. This makes the situation better for both the