- Research/Scholar Paper name – “Restorative Justice and Criminal Justice System”
- Author: Dr. Shabeena Anjum
- Designation: Practicing Advocate (associated with reputed Chambers of Salman Khurshid, Senior Advocate supreme court of India)
- Affiliation: Centre for Study of Contemporary Legal Issues
- Date of Publication: 24/06/2021
This research paper explores the difference and similarity between restorative justice and retributive justice. It focuses on the restorative justice system as an alternative to solve the problems of existing criminal justice system. Restorative practices gives an angle where offender help to repair the harm of victim, at the same time priority to victim, and community is given opportunity to participate in taking decision against offender. This practices aims to restore the harm, by restoring offender, victim as well as community at large. The paper deals various judicial response of Indian courts on appreciating alternative justice mechanism. The crime control models have been discussed with reference to contemporary changes, in justice delivery system.
“Retributive theory believes that pain will vindicate, but in practice that is often counterproductive for both victim and offender. Restorative justice theory, on the other hand, argues that what truly vindicates is acknowledgment of victims’ harms and needs, combined with an active effort to encourage offenders to take responsibility, make right the wrongs, and address the causes of their behaviour. By addressing this need for vindication in a positive way, restorative justice has the potential to affirm both victim and offender and to help them transform their lives.”
― Howard Zehr, The Little Book of Restorative Justice