Criminal Justice Reforms In India - Challenges In Implementing Restorative Justice
Author: LawSphereX
Category: Criminal Law
Published:
Updated:
CRIMINAL JUSTICE REFORMS IN INDIA:
CHALLENGES
IN IMPLEMENTING RESTORATIVE JUSTICE
Advocate Imtinungkum AO, Legal Practitioner, Tura Bar Association, Meghalaya
ABSTRACT
India's criminal justice system, rooted in old colonial laws, primarily uses punishment to address crime, focusing on penalizing offenders rather than aiding victims, resolving issues, or reuniting communities. This approach inadequately addresses victims' needs, offender rehabilitation, or community restoration, prompting calls for significant reforms. Restorative justice, which seeks to repair harm through dialogue among victims, offenders, and communities, is one proposed alternative. While the Juvenile Justice Act of
2015 employs restorative practices for young offenders, limited legislation
exists for adults. Resistance from some lawyers and judges stems from a belief that justice equates to punishment. Additionally, the scarcity of qualified facilitators and limited public awareness hinder restorative justice's effectiveness. The Justice Malimath Committee and the Ministry of Home Affairs have initiated legal and policy changes to prioritize victim support and offender rehabilitation. Successful implementation requires robust legislation, collaboration, public education, and a shift in the perception of justice. This study examines the challenges India faces in adopting restorative justice and its potential for transformative change, suggesting that despite these challenges, restorative justice can bridge the gap between law and compassion, and justice and humaneness, in India.
Keywords: Restorative justice, reconciliation and victim healing, alternative to traditional punitive models, social fabric, community reintegration
1. Introduction
The Indian criminal justice system has made strides in acknowledging victim rights, the practical implementation of restorative justice principles remains sporadic and largely dependent on judicial discretion, necessitating a more structured and formalized approach. This sporadic application often results in inconsistencies that undermine the potential for widespread victim recovery and community healing, necessitating a re-evaluation of current practices and a move towards standardized restorative justice frameworks. 1 This re-evaluation must consider the historical context of India's legal traditions, which have often prioritized collective wellbeing and dispute resolution outside formal adversarial processes, offering a cultural foundation upon which modern restorative justice can be effectively built.
2 This paper therefore seeks to critically analyze the challenges in implementing restorative justice within the Indian context, proposing actionable strategies for overcoming systemic barriers and facilitating a more victim-centric approach to justice administration. At its core, restorative justice is a paradigm shift that redefines justice by centering on the victim and repairing harm, rather than solely focusing on offender punishment. 3 This approach moves beyond the traditional retributive model, which often overlooks the comprehensive needs of victims and communities, towards a more holistic framework emphasizing reconciliation, responsibility, and active participation from all stakeholders.
4 It seeks to mend the harm caused by crime through inclusive processes that involve victims, offenders, and the community in a collective effort to address the root causes of conflict and facilitate healing. 5 This paradigm shift acknowledges that the wholeness of justice remains significantly deficient without adequately integrating the crime victim's perspective within the criminal process. 6 This framework allows for the direct involvement of victims in expressing their needs and 1 Masahiro Suzuki, Victim Recovery in Restorative Justice: A Theoretical Framework, 50 Criminal Justice and Behavior 1893 (2023), https://doi. org/10.
1177/00938548231206828 (last visited Jul 2025) 2 Sijia Xiao, Shagun Jhaver & Niloufar Salehi, Addressing Interpersonal Harm in Online Gaming Communities: The Opportunities and Challenges for a Restorative Justice Approach, 30 ACM Transactions on Computer- Human Interaction 1 (2023), https://doi. org/10. 1145/3603625 (last visited Jun 2025) 3 Kathleen Daly, Revisiting the Relationship between Retributive and Restorative Justice, in Routledge eBooks
49 (2017), https://doi.org/10.4324/9781315264851-10 (last visited Jan 2025)
4 Suud Sarim Karimullah, From Punishment to Healing
The Transformative Power of Restorative Justice, 29 SASI 678 (2023), https://doi. org/10. 47268/sasi. v29i4. 1688 (last visited Jul 2025) 5 Puranjoy Ghosh, Restorative Justice: The New Paradigm in the Province of Justice in India? , SSRN Electronic Journal (2014), https://doi. org/10. 2139/ssrn. 2467373 (last visited Feb 2025) 6 G. S. Bajpai, Locating the Crime Victim in Criminal Procedure Ideologies, SSRN Electronic Journal (2013), https://doi. org/10. 2139/ssrn. 2332566 (last visited Jan 2025) contributing to resolutions, potentially through victim-offender panels, which foster accountability and provide avenues for healing. 7 This method prioritizes the rehabilitation of conflicts and violations, rather than merely punishing offenders, by directly engaging perpetrators, victims, and the community in the pursuit of justice and resolution.
8 Restorative justice, who originates from ancient traditions and has been successfully applied in various contexts such as schools and juvenile offending, fundamentally reorients the inquiry to focus on who has been harmed, what their needs are, and whose responsibility it is to address those needs. 9 This approach, often seen as a concept or philosophy, can provide society with a new understanding of crime and the appropriate societal response. 10 This model directly contrasts with retributive justice, which is primarily concerned with imposing punishment and upholding rules through unilateral means. 11 This nuanced approach contrasts sharply with the punitive models that dominate current criminal justice systems, which predominantly focus on retribution and institutional responses rather than the holistic restoration of societal balance.
12 The balanced approach within restorative justice, for instance, highlights the necessity of equally weighing community safety, offender accountability to victims, and the competency development of offenders. 13 This involves a fundamental re-evaluation of justice, emphasizing human rights as the bedrock for law enforcement and shifting from a punitive to a rehabilitative and restorative orientation that prioritizes individual well-being and societal harmony. 14 This shift inherently acknowledges that effective justice must extend beyond mere punitive measures, encompassing the restoration of victims, the reintegration of offenders, and the 7 Teresa Lancry Robalo & Razwana Begum Abdul Rahim, Cyber Victimisation, Restorative Justice and Victim- Offender Panels, 18 Asian Journal of Criminology 61 (2023), https://doi. org/10. 1007/s11417-023-09396-9 (last visited Jul 2025)
8 Monica Octavia, Sanusi Sanusi & Alip Rahman, RESTORATIVE JUSTICE IN RESOLVING EMBEDDING
AT CIREBON CITY POLRES, 3 JILPR Journal Indonesia Law and Policy Review 35 (2021), https://doi.org/10.56371/jirpl.v3i1.97 ( last visited Jul 2025) 9 Mannat Kaur et al., Restorative Just Culture: A Study of the Practical and Economic Effects of Implementing Restorative Justice in an NHS Trust, 273 MATEC Web of Conferences 1007 (2019), https://doi.org/10.1051/matecconf/201927301007 (last visited Jul 2025)
10 Martin McAnallen, Restorative Justice
Its Potential, 5 Child Care in Practice 361 (1999), https://doi.org/10.1080/13575279908415541 (last visited Jan 2025) 11 Michael Wenzel et al., Retributive and Restorative Justice., 32 Law and Human Behavior 375 (2007), https://doi.org/10.1007/s10979-007-9116-6 (last visited Feb 2025)
12 Jura L. S. Augustinavicius, A Case for Alternative Mechanisms of Justice, 1 1 (2010),
https://ir.lib.uwo.ca/undergradtjr/vol1/iss3/1/ (last visited Jul 2025)
13 Peter Freivalds, Balanced and Restorative Justice Project (BARJ), PsycEXTRA Dataset (1996),
https://doi. org/10. 1037/e317912004-001 (last visited Jan 2025) 14 Daffa Ladro Kusworo & Maghfira Nur Khaliza Fauzi, Hybrid Restorative Justice: Optimizing Cessation Of Prosecution The Case Theft Through Restorative Judicial House, 3 Ius Poenale 115 (2022), https://doi. org/10. 25041/ip. v3i2. 2714 (last visited Jul 2025) revitalization of communities. 15 Unlike these traditional models, restorative justice emphasizes the importance of the victim in the justice process, requiring the offender to actively pursue restoration through restitution or community service. 16 Restorative justice posits that rather than focusing solely on punishment, the justice process should prioritize repairing the harm inflicted upon victims and relationships.
17 This reorientation aligns with the growing global recognition that purely punitive approaches are often insufficient for addressing complex criminal behaviors and may not foster long-term positive change within society. 18 It shifts the focus from an offender-centric view to a victim-centric approach, aiming to address the harm caused by crime and facilitate healing for all parties involved. 19 The primary aim of this justice philosophy is to restore human relationships rather than merely inflicting punishment upon offenders. 20 This contrasts with the retributive justice system, which aims to punish the offender in a manner that is proportionate to the crime committed, often overlooking the holistic needs of victims and the community. 21
2. Background
of criminal justice system in India Historically, the Indian criminal justice system, like many others globally, has been predominantly retributive, concentrating on punitive measures against offenders.22 This traditional approach prioritizes punishment as a means of upholding societal rules and deterring future offenses, often without adequately addressing the underlying causes of crime or the comprehensive needs of victims and communities.23 This framework is characterized by an 15 Michael L. Perlin & Valerie McClain, Can Restorative Justice Be of Value in Forensic Cases? Perspectives of a Lawyer and a Psychologist, SSRN Electronic Journal (2014), https://doi.org/10.2139/ssrn.2512890 (last visited Jul 2025)
16 Supra note 13, at 3.
17 Ramy Bulan, Dispute Resolution
Restorative Justice Under Native Customary Justice in Malaysia, 319 (2014), https://academiccommons.columbia.edu/doi/10.7916/D8902D2F/download (last visited Jul 2025) 18 Siraj ul haq, Beyond Incarceration: Toward a Fairer and More Effective Criminal Justice System (2023), https://doi.org/10.31219/osf.io/ksxey (last visited Jun 2025)
19 Matthew M. Silberstein, The Just Response to Crime
To Harm or to Heal? (2018), https://crossworks.holycross.edu/cgi/viewcontent.cgi?article=1001&context=phil_stu_scholarship (last visited Jun 2025) 20 Theo van Willigenburg & E.A.J.G. van der Borght, Attacking Punitive Retribution at Its Heart – A Restorative Justice Thrust, 15 International Journal of Public Theology 401 (2021), https://doi.org/10.1163/15697320-
01530007 (last visited Jul 2025)
21Jennifer E. Swanberg, Marcie Pitt‐Catsouphes & Krista Drescher-Burke, A Question of Justice, 26 Journal of Family Issues 866 (2005), https://doi.org/10.1177/0192513x05277554 (last visited Feb 2025). 22 Kuntadi, The Existence of Decisions of Customary Institutions in the Settlement of Criminal Cases in Indonesia, KnE Social Sciences (2023), https://doi.org/10.18502/kss.v8i3.12838 (last visited Jun 2025).
23 Doris Rahmat & Santoso Budi Nursal Umar, Law Enforcement in Criminal Cases Based on Restorative
Justice by the Prosecutor’s Office, 2 East Asian Journal of Multidisciplinary Research 3399 (2023), https://doi. org/10. 55927/eajmr. v2i8. 5761 (last visited Jun 2025) adversarial process where the state acts as the prosecutor, largely marginalizing the victim's role to that of a witness rather than an active participant in the pursuit of justice. 24 This system has historically been criticized for its inefficiency, delays, and an overburdened judiciary, leading to significant backlogs and prolonged trials. This traditional focus on deterrence and punishment has often overshadowed the potential for reconciliation and rehabilitation, limiting the system's capacity to foster true societal healing.
25 Despite its long-standing presence, the punitive model has proven to be financially burdensome and has largely failed to reduce criminal recidivism, leading to strained governmental budgets and an ever-expanding correctional system. 26 Furthermore, the historical context of criminal justice systems, including those in India, often reveals roots in oppressive practices, where punishment has been disproportionately applied, hindering genuine behavioral change and prosocial outcomes. 27 However, this approach has often been criticized for its inability to fully address the societal impact of crime and for its tendency to marginalize victims and their healing processes, leading to a re-evaluation of its foundational principles.
28 The current system frequently overlooks the complex socio-economic and political factors that contribute to criminal behavior, thereby perpetuating cycles of re-offending rather than fostering genuine rehabilitation. 29 This has prompted a re-examination of its efficacy, with many scholars and policymakers advocating for a shift towards more restorative and rehabilitative approaches that offer a comprehensive solution to addressing criminal behavior and its profound societal implications. This growing recognition has led to increased interest in alternative justice models, such as the reintegrative model, which aims to establish new norms and values through approaches like restorative justice and penal mediation. 30
24 Supra note 4, at 2.
25 Maria Silvya E. Wangga, Implementation of Restorative Justice in Criminal Cases in Indonesia, 1 Law and Humanities Quarterly Reviews (2022), https://doi.org/10.31014/aior.1996.01.03.25 (last visited Jun 2025) 26 Anne G. Buchanan, Seventeen Years of Restorative Justice Circles: The Yellow Medicine County Experience, 23 Contemporary Justice Review 319 (2019), https://doi.org/10.1080/10282580.2019.1700375 (lat visited Jan 2025) 27 Worner Leland & August Stockwell, Anti-Oppressive Restorative Justice: Behavior Analysis in Alternatives to Policing, 15 Behavior Analysis in Practice 1232 (2021), https://doi.org/10.1007/s40617-021-00633-0 (lat visited Jul 2025)
28 Michael Tonry, Purposes and Functions of Sentencing, 34 Crime and Justice 1 (2006),
https://doi.org/10.1086/503374 (last visited Jul 2025) 29 Andrea Leverentz, Fostering Family Relationships and Women’s Employment, 9 International Journal for Crime Justice and Social Democracy 126 (2020), https://doi.org/10.5204/ijcjsd.v9i1.1469 (last visited Feb 2025) 30 Hajairin Hajairin, Muhammad Mustofa & Tofik Yanuar Chandra, Criminal Justice Reform: From Due Process Model to Reintegrative Model as an Alternative to Criminal Case Resolution, 1 Asian Journal of Social and Humanities 601 (2023), https://doi.org/10.59888/ajosh.v1i10.82 (last visited Jun 2025)
3 Restorative Justice
A conceptual framework The concept of restorative justice, which gained traction in the 1970s, particularly within juvenile justice systems, offers a compelling alternative by focusing on reparation and victimoffender mediation rather than solely on punitive measures. 31 This paradigm shift acknowledges that crime is not merely an offense against the state but a violation of people and relationships, necessitating a process that actively involves victims and offenders. 32 It emphasizes repairing the harm caused by criminal behavior and fostering dialogue among all parties affected, thereby promoting healing and accountability. 33 This framework emphasizes addressing the needs of victims and working with offenders to take responsibility for their actions, fostering a more constructive and rehabilitative approach to justice.
34 It posits that true justice involves victims' needs being met, offenders taking accountability, and the community being engaged in collective healing. 35 It encompasses diverse practices such as victim-offender mediation, family group conferencing, and circle processes, all designed to facilitate communication and collective problem-solving. These practices collectively aim to transform the traditional adversarial approach into a collaborative one, fostering social capital and strengthening community ties as integral components of the reintegration process. 36 Rooted in indigenous traditions, restorative justice is a mediation-based approach designed to facilitate reconciliation between victims and offenders.
37 This philosophical approach contrasts sharply with the punitive model by advocating for methods that address the underlying factors contributing to criminal behavior and support the emotional and psychological well-being of 31 Catherine L. Lawson & Joanne Katz, Restorative Justice: An Alternative Approach to Juvenile Crime, 33 The Journal of Socio-Economics 175 (2004), https://doi. org/10. 1016/j. socec. 2003. 12. 018 (last visited Feb 2025) 32 John S. Ryals, Restorative Justice: New Horizons in Juvenile Offender Counseling, 25 Journal of Addictions & Offender Counseling 18 (2004), https://doi. org/10. 1002/j. 2161-1874. 2004. tb00190. x (last visited Feb 2025) 33 Dewi Muti’ah, Firda Laily Mufid & Erma Rusdiana, Legal Certainty in Settlement of Criminal Cases through Restorative Justice, 149 SHS Web of Conferences 3019 (2022), https://doi. org/10.
1051/shsconf/202214903019 (last visited Feb 2025)
34 Thom Brooks, Punitive Restoration and Restorative Justice, 36 Criminal Justice Ethics 122 (2017),
https://doi.org/10.1080/0731129x.2017.1358930 (last visited Jan 2025)
35 Sijia Xiao, Shagun Jhaver & Niloufar Salehi, Addressing Interpersonal Harm in Online Gaming
Communities: The Opportunities and Challenges for a Restorative Justice Approach, arXiv (Cornell University) (2022), https://arxiv. org/abs/2211. 01524 (last visited Mar 2025) 36 Gordon Bazemore & Carsten Erbe, Operationalizing the Community Variable in Offender Reintegration:, 1 Youth Violence and Juvenile Justice 246 (2003), https://doi. org/10. 1177/1541204003001003002 (last visited Jul 2025) 37 Sheryl H. Kataoka et al. , Applying a Trauma Informed School Systems Approach: Examples from School Community-Academic Partnerships, 28 Ethnicity & Disease 417 (2018), https://doi. org/10. 18865/ed. 28. s2. 417 (last visited Jan 2025) those affected. 38 This approach diverges from the retributive model by seeking to actively engage all stakeholders—victims, offenders, and community members—in a collaborative process aimed at repairing the harm caused by crime and preventing future offenses.
39 The expansion of restorative justice in Western countries signals a global shift towards embracing more rehabilitative and community-centered approaches to justice, moving beyond traditional punitive measures. 40 This holistic view allows for a more comprehensive understanding of justice, moving beyond mere retribution to encompass healing and transformation for all involved parties. 41 This approach seeks to mend the fractured relationships within a community caused by criminal acts and to address the root causes of the offense, thereby preventing future harm and promoting a more cohesive society. 42 This new way of thinking challenges the existing performance of the criminal justice system and aligns with the foundational values of Pancasila, which integrates various legal systems including customary law into Indonesian legal principles.
43 The implementation of restorative justice principles is observed in different contexts, such as in Australian schools, where it has contributed to a more civil society by promoting problem-solving and repairing damaged relationships following an incident or crime. 44 This approach, which has been practiced in various Indonesian indigenous communities through what is known as the Safeguard System, seeks to restore the situation to its pre-conflict state. This model of justice emphasizes the restoration of conditions to their original state rather than focusing solely on punitive measures, 38 Anna Meléndez Peretó, The Role of Criminogenic Needs and Emotions in Restorative Justice: Offenders’ Experiences in Victim–Offender Mediation, 13 European Journal of Probation 21 (2020), https://doi. org/10.
1177/2066220320948374 (last visited Jul 2025) 39 Leonie Boskeljon‐Horst, Vincent Steinmetz & Sidney Dekker, Restorative Just Culture: An Exploration of the Enabling Conditions for Successful Implementation, 12 Healthcare 2046 (2024), https://doi. org/10. 3390/healthcare12202046 (last visited Jul 2025) 40 David Anderson Hooker & Mara Schiff, Introduction to Special Issue of Contemporary Justice Review on Reimagining Restorative Justice, 22 Contemporary Justice Review 213 (2019), https://doi. org/10. 1080/10282580. 2019. 1644625 (last visited Feb 2025) 41 Meredith Rossner & Helen Taylor, The Transformative Potential of Restorative Justice: What the Mainstream Can Learn from the Margins, 7 Annual Review of Criminology 357 (2023), https://doi. org/10.
1146/annurevcriminol-030421-040921 (last visited Jul 2025) 42 Sage Streight, How Restorative Justice Practices Create Safer More Caring School Communities, 3 Journal of integrative research & reflection 58 (2020), https://doi. org/10. 15353/jirr. v3. 419 (last visited Jan 2025) 43 Nurul Putri Awaliah Nasution, Fathul Hamdani & Ana Fauzia, The Concept of Restorative Justice in Handling Crimes in the Criminal Justice System, 1 European Journal of Law and Political Science 32 (2022), https://doi. org/10. 24018/ejpolitics. 2022. 1. 5. 37 (last visited Jul 2025) 44 Gary Shaw, Restorative Practices in Australian Schools: Changing Relationships, Changing Culture, 25 Conflict Resolution Quarterly 127 (2007), https://doi. org/10. 1002/crq. 198 (last visited Jul 2025) underscoring its potential for broad application beyond specific institutional settings.
45 While the traditional Indonesian criminal justice system adheres to a legality principle that mandates formal settlement of cases, effectively limiting out-of-court resolutions, the concept of restorative justice offers a significant paradigm shift by prioritizing problem-solving that involves victims, offenders, and community members in reaching a mutually agreeable resolution. 46 This shift represents a departure from the retributive justice paradigm, which has historically dominated legal systems globally, towards a more holistic and human-centered approach to addressing criminal offenses. 47 The success of restorative justice in promoting these outcomes is contingent upon the cooperative efforts of law enforcement officials and the active engagement of all stakeholders to forge alternatives for conflict resolution.
48 This proactive involvement allows for tailored solutions that address the specific harms caused by an offense, fostering a sense of ownership and accountability among participants. This framework aligns with the concept of pengayoman, a principle emphasizing protection and nurturing, integral to achieving balance and social justice within the community. 49 This includes the police, prosecutors, and judges, who play a pivotal role in facilitating mediation and ensuring that the outcomes are fair and equitable for all parties involved. 50 This comprehensive involvement aims to address the needs of victims, promote offender accountability, and facilitate their reintegration into society. 51
45 Boyce Alvhan Clifford & Barda Nawawi Arief, IMPLEMENTASI IDE RESTORATIVE JUSTICE KE
DALAM KETENTUAN PERATURAN PERUNDANG-UNDANGAN ANAK DI INDONESIA, 8 Hukum dan Masyarakat Madani 27 (2018), https://doi.org/10.26623/humani.v8i1.910 (last visited Feb 2025) 46 Rizal Darwis, The Synergy Between Restorative Justice Theory, Huyula and Pohala’a Values in Overcoming Juvenile Delinquency Cases in Gorontalo, 175 in IOP Conference Series Earth and Environmental Science
12135 (2018), https://doi.org/10.1088/1755-1315/175/1/012135 (last visited Jun 2025)
47 Brilian Capera, Keadilan Restoratif Sebagai Paradigma Pemidanaan Di Indonesia, 6 Jurnal Lex Renaissance (2021), https://doi.org/10.20885/jlr.vol6.iss2.art1 (last visited Jul 2025)
48 Arilasman Cornelius & Beniharmoni Harefa, PENERAPAN RESTORATIF JUSTICE DALAM UNDANG-
UNDANG SISTEM PERADILAN PIDANA ANAK, 8 Jurnal Yuridis 83 (2021), https://doi.org/10.35586/jyur.v8i1.2734 (last visited Jul 2025)
49 Sahat Benny Risman Girsang et al., PENERAPAN RESTORATIVE JUSTICE DALAM PROSES PERKARA
TINDAK PIDANA PENGERUSAKAN DIHUBUNGKAN DENGAN PERATURAN JAKSA AGUNG TENTANG PENGHENTIAN PENUNTUTAN BERDASARKAN KEADILAN RESTORATIF (Studi Di Kejaksaan Negeri Pematangsiantar), 2 NOMMENSEN JOURNAL OF LEGAL OPINION 133 (2021), https://doi.org/10.51622/njlo.v2i01.347 (last visited Jun 2025)
50 Aprison Haga, Nikolas Manu & Deddy R. Ch. Manafe, Penyelesaian Kasus Kecelakaan Lalu Lintas Yang
Berorientasi Pada Restorative Justice, 3 COMSERVA Jurnal Penelitian dan Pengabdian Masyarakat 597 (2023), https://doi.org/10.59141/comserva.v3i02.801 (last visited Jun 2025)
51 Galuh Nawang Kencana, Triono Eddy & Ida Nadirah, Penerapan Restorative Justice Dalam Penyelesaian
Perkara Tindak Pidana Pencurian Ringan (Studi Kejaksaan Negeri Binjai), 8 Syntax Literate Jurnal Ilmiah Indonesia 841 (2023), https://doi.org/10.36418/syntax-literate.v8i2.11340 (last visited Jul 2025)
3.1. Principles of restorative justice
The ultimate goals of this restorative concept include reducing the number of prisoners, eliminating stigma associated with offenders, and facilitating their reintegration into society as normal individuals. 52 This alternative approach, known as restorative justice, emerged as a response to the retributive paradigm's inability to fully address the harm and suffering experienced by victims, recognizing that conviction and punishment alone do not restore victims to their pre-crime state. 53 This system allows for the resolution of disputes outside of formal court proceedings, offering numerous benefits such as expedited resolution, costeffectiveness, and the preservation of relationships.
54 This method also promotes accountability and responsibility by encouraging offenders to reflect on their actions within a collaborative environment, thereby fostering their reintegration as valuable contributing members of society. 55 This approach not only seeks to mend the harm caused by crime but also aims to address the underlying causes of conflict through dialogue and mutual understanding. 56 This is particularly relevant for minor offenses, like traffic accidents, where the emphasis shifts from punitive measures to comprehensive solutions that consider all involved parties and address the actual harm incurred. 57 This focus on restoring well-being and promoting pro-social behaviors represents a significant shift from purely punitive disciplinary actions. 58 This approach facilitates the resolution of cases at various stages of the criminal justice process,
52 Alvi Syahrin Olma Fridoki, PENERAPAN RESTORATIVE JUSTICE DALAM PENYELESAIAN
PERKARA TINDAK PIDANA PENIPUAN DAN PENGGELAPAN DI POLRESTABES MEDAN (The Implementation of Restorative Justice in The Settlement of Criminal Crimes of Fraud and Embezzlement at the Polrestabes Medan), 4 Res Nullius Law Journal 42 (2022), https://doi.org/10.34010/rnlj.v4i1.4679 (last visited May 2025)
53 Henny Saida Flora, KEADILAN RESTORATIF SEBAGAI ALTERNATIF DALAM PENYELESAIAN
TINDAK PIDANA DAN PENGARUHNYA DALAM SISTEM PERADILAN PIDANA DI INDONESIA, 3 University Of Bengkulu Law Journal 142 (2018), https://doi.org/10.33369/ubelaj.3.2.142-158 (last visited Jun 2025)
54 Sarfaraz Ahmed Khan, Restorative Justice Under the Criminal Justice System in India: With Special
Reference to Plea Bargaining and Compounding Measures, SSRN Electronic Journal (2011), https://doi.org/10.2139/ssrn.2566126 (last visited Feb 2025) 55 Jayson Verdad, Mediating Disputes in the Barangays: The Work World of Lupon Chiefs, 6 International Journal of Law and Politics Studies 205 (2024), https://doi.org/10.32996/ijlps.2024.6.5.11 (last visited Feb 2025) 56 Jeffrey R. Baker, Christian Realism and the Sins of Mass Incarceration, SSRN Electronic Journal (2024), https://doi.org/10.2139/ssrn.4962941 (last visited Jun 2025)
57 Iman Faturrahman & Bambang Tri Bawono, Application of Restorative Justice to Solution of Traffic
Accidents, 4 Jurnal Daulat Hukum 27 (2021), https://doi. org/10. 30659/jdh. v4i1. 13881 (last visited Jul 2025) 58 Ernesto Lodi et al. , Use of Restorative Justice and Restorative Practices at School: A Systematic Literature Review, 19 International Journal of Environmental Research and Public Health 96 (2021), https://doi. org/10. 3390/ijerph19010096 (last visited Jul 2025) including investigation and prosecution, potentially avoiding the need for court proceedings. 59 This involves active participation from all stakeholders, including the victim, offender, and community, to achieve a resolution that prioritizes healing and reconciliation over punishment. Moreover, it endeavors to transform the correctional system by promoting a restorative prison environment focused on rehabilitation rather than solely on punitive isolation.
60 This transformational shift necessitates a departure from traditional retributive models, which often fail to adequately address the complex needs of both victims and offenders, towards a more humane and effective framework for justice. 61 This paradigm shift acknowledges that true justice extends beyond mere punishment, encompassing the repair of harm, the reintegration of offenders, and the empowerment of victims. 62 The shift towards restorative justice also necessitates a re-evaluation of the role of prisons, transforming them into environments that actively support the restoration of prisoners to lead successful lives post-incarceration rather than merely serving as places of confinement. This involves a fundamental shift in perspective, moving from a question of "how do we punish? " to "how do we repair the damage done?
"63 This approach recognizes that systemic oppression and violence can contribute to harmful behaviors, suggesting that addressing these root causes is crucial for true reconciliation rather than solely focusing on punitive measures. 64 Indeed, some proponents of restorative justice advocate for the complete abolition of traditional carceral systems, proposing their replacement with therapeutic communities designed to prevent violence through rehabilitation rather than punishment. 65 This holistic approach has gained significant traction in various contexts, including its successful implementation in school settings where it has been shown to improve academic 59 La Gurusi, Juridical Analysis of The Application of Diversion in Child Crime Cases to Realize Restorative Justice at The Court Level, 6 Jurnal Hukum Volkgeist 21 (2021), https://doi. org/10. 35326/volkgeist. v6i1.
1462 (last visited Feb 2025) 60 Dot Goulding, Guy Hall & Brian Steels, Restorative Prisons: Towards Radical Prison Reform, 20 Current Issues in Criminal Justice 231 (2008), https://doi. org/10. 1080/10345329. 2008. 12035806 (last visited Feb 2025) 61 Kritika Jain, Effective and Humane Restoration of Prisoners With Special Reference to India, 3 Journal of Victimology and Victim Justice 113 (2020), https://doi. org/10. 1177/2516606920904296 (last visited Jul 2025)
62 Judith Lewis Herman, Justice From the Victim’s Perspective, 11 Violence Against Women 571 (2005),
https://doi.org/10.1177/1077801205274450 (last visited Feb 2025) 63 Eleanor Hannon Judah, Rethinking Criminal Justice:, 23 Journal of Religion & Spirituality in Social Work Social Thought 1 (2004), https://doi.org/10.1300/j377v23n01_01 (last visited)
64 Anthony J. Nocella, An Overview of the History and Theory of Transformative Justice (2011),
http://www. review. upeace. org/pdf. cfm? articulo=124&ejemplar=23 (last visited Jul 2025) 65 James Gilligan, A Modest Proposal to Universalize the Insanity Defense and Replace Prisons and Punishment with Treatment and Education, 12 International Journal of Applied Psychoanalytic Studies 134 (2015), https://doi. org/10. 1002/aps. 1444 (last visited Feb 2025) outcomes, enhance school safety, and strengthen relationships among students and staff. 66 This method, in fact, has proven instrumental in resolving conflicts, fostering academic achievement, and enhancing safety within educational institutions. 67 Such initiatives highlight the versatility of restorative justice principles across diverse environments, extending beyond traditional criminal justice applications to foster positive social change.
68 These programs often involve peer mediation and community conferencing, which have been shown to reduce misconduct and promote social healing. 69 This philosophical underpinning extends beyond individual infractions to encompass broader socio-environmental conflicts, advocating for an intergenerational and ecological ethic that promotes peace and sustainability. 70 This framework emphasizes accountability through positive acts that focus on making amends rather than through negative acts like shaming, aligning with an ethics of care that values the restoration of healthy relationships within the community. 71
3.2. Benefits of restorative justice
The integration of restorative justice principles into the broader criminal justice system offers a transformative pathway towards more effective and humane outcomes, emphasizing healing and reintegration over retribution.72 This proactive approach not only prevents future harm and conflict but also extends to addressing historical injustices by restoring victims to their original state prior to any damaging activity.73 The versatility of restorative justice is further evidenced by its application in primary school settings, where it has been shown to positively impact
66 Samuel Y. Song et al., RESTORATIVE JUSTICE PRACTICES
MAKING SCHOOLS SAFE THROUGH RELATIONSHIP, 6 Social Pathology and Prevention 19 (2021), https://doi.org/10.25142/spp.2021.002 (last visited Jul 2025)
67 Thalia González, KEEPING KIDS IN SCHOOLS
RESTORATIVE JUSTICE, PUNITIVE DISCIPLINE, AND THE SCHOOL TO PRISON PIPELINE, 41 The Journal of Law of Education 281 (2012), https://works.bepress.com/thalia_gonzalez/6/ (last visited Jan 2025)
68 Id. at 152.
69 Worakamol Wisetsri Maaz Din, Restorative Justice and Its Impact on Primary Schools Students of Swat, KP- Pakistan: In Psychological Perspective, 58 Psychology and Education Journal 5526 (2021), https://doi.org/10.17762/pae.v58i2.2971 (last visited Apr 2025) 70 Joao Salm, Nirson Da Silva Neto & Josineide Pamplona, Restorative Justice: A Substantive, Intergenerational and Ecological Approach in the Amazon Region of Brazil, 24 Contemporary Justice Review 245 (2021), https://doi.org/10.1080/10282580.2021.1910813 (last visited Jul 2025) 71 Laura Wildemann Kane, Accountability and Community on the Internet: A Plea for Restorative Justice, 37 Journal of Applied Philosophy 594 (2020), https://doi.org/10.1111/japp.12427 (last visited Jul 2025)
72 Queenter A. Ondigo & Henry Rono, The Role of Prison Inmates’ Socio-Economic Characteristics on
Rehabilitation Outcomes, 16 IRA-International Journal of Management & Social Sciences (ISSN 2455-2267)
121 (2020), https://doi.org/10.21013/jmss.v16.n4.p1 (last visited Jan 2025)
73 Mohammad Hazrati & Raphael J. Heffron, Conceptualising Restorative Justice in the Energy Transition: Changing the Perspectives of Fossil Fuels, 78 Energy Research & Social Science 102115 (2021), https://doi. org/10. 1016/j. erss. 2021. 102115 (last visited Jul 2025) students' psychological well-being and reduces misconduct. 74 This shift towards restorative practices can significantly strengthen relationships among students and staff, simultaneously reducing the number of exclusionary consequences such as suspensions. 75 This is achieved by reframing school discipline as a learning opportunity, moving beyond mere rule-breaking to address conflicts and transgressions within the broader community context.
76 Moreover, these frameworks have demonstrably improved academic performance and fostered a more inclusive educational environment by prioritizing dialogue and understanding over punitive measures. This approach provides a stark contrast to traditional retributive justice, who typically focuses on punishment rather than the holistic well-being of all parties involved. This comprehensive approach is particularly beneficial for addressing severe misbehavior, as it encourages individuals to confront the repercussions of their actions, thereby diminishing the likelihood of recidivism. 77
4. Current criminal justice reforms in India
The path to fully integrating restorative justice into India's criminal justice framework is fraught with systemic and cultural obstacles that require careful navigation. However, the Indian judiciary has made concerted efforts to incorporate restorative principles, particularly in addressing the plight of victims, by attempting to bridge existing gaps through compensatory jurisprudence.78 This includes the introduction of mechanisms like plea bargaining, compounding of offenses, and Lok Adalats, which facilitate out-of-court settlements and victim participation, thereby aligning with restorative objectives.79 While these mechanisms represent significant strides toward restorative practices, their effective implementation is often hampered by a lack of public awareness and a deeply entrenched retributive legal culture.80
74 Supra note 69, at 11.
75 Stacey Rainbolt, Elizabeth Sutton Fowler & Katherine Cumings Mansfield, High School Teachers’
Perceptions of Restorative Discipline Practices, 103 NASSP Bulletin 158 (2019), https://doi.org/10.1177/0192636519853018 (last visited Jun 2025) 76 Lacey Bass & Rachel Gaines, Rethinking In-School Suspension through Restorative Practices, 8 Journal of Practitioner Research (2023), https://doi.org/10.5038/2379-9951.8.1.1224 (last visited Jun 2025) 77 Catherine H. Augustine et al., Can Restorative Practices Improve School Climate and Curb Suspensions? An Evaluation of the Impact of Restorative Practices in a Mid-Sized Urban School District (2018), https://doi.org/10.7249/rr2840 (last visited Jan 2025) 78 S. Z. Amani & Nisha Dhanraj Dewani, Restorative Justice: A Contrivance of Compensatory Jurisprudence for the Victims of Rape in India, 2 Journal of Victimology and Victim Justice 202 (2019), https://doi.org/10.1177/2516606919885495 (last visited Jan 2025)
79 Supra note 54, at 9.
80 Alejandra Díaz Gude & Iván Navarro Papic, Restorative Justice and Legal Culture, 20 Criminology &
Criminal Justice 57 (2018), https://doi. org/10. 1177/1748895818796549 (last visited Jul 2025) This challenge is exacerbated by India's complex socio-legal landscape, where traditional justice mechanisms often intertwine with formal legal processes, creating a unique set of challenges for the integration of restorative justice principles. 81 This duality necessitates a nuanced approach to reform, wherein traditional dispute resolution methods could potentially be leveraged to complement and strengthen modern restorative initiatives. The formal legal system's emphasis on legalistic interpretations and procedural adherence often overlooks the human element of crime, contrasting sharply with restorative justice's focus on healing and relationship repair.
82 A punitive approach, which often characterizes conventional criminal justice systems, tends to prioritize the punishment of offenders through retribution and their segregation from society. 83 This deeply ingrained punitive mindset often overshadows the potential for reconciliation and rehabilitation, which are central tenets of restorative justice. 84 This dichotomy often results in a narrow focus on legal culpability rather than addressing the underlying causes of harm and promoting holistic victim recovery. 85 Moreover, the persistent issue of corruption, inadequate infrastructure, and inaccessibility within the court systems further impedes the efficiency and trustworthiness of formal justice mechanisms, amplifying the need for alternative dispute resolution methods.
86 This emphasis on punitive measures, while aiming to deter crime, often neglects the broader societal impacts and the potential for victim-offender reconciliation, which restorative justice models actively seek to address. 87 This disparity highlights the critical need for a paradigm shift within the Indian legal system, moving towards a more inclusive and empathetic approach that prioritizes victim recovery and offender reintegration over mere punitive measures. 88 This transition calls for a fundamental re-evaluation of current legal frameworks to accommodate 81 Abhinav Sekhri, Pendency in the Indian Criminal Process: A Creature of Crisis or Flawed Design? , 15 Socio- Legal Review 1 (2019), https://doi. org/10. 55496/dcaw9709 (last visited Jan 2025)
82 Adebobola Omowon & Alaba Samson Kunlere, Restorative Justice Practices
Bridging the Gap between Offenders and Victims Effectively, 24 World Journal of Advanced Research and Reviews 2768 (2024), https://doi.org/10.30574/wjarr.2024.24.3.3978 (last visited Jul 2025)
83 Supra note 4, at 2.
84 Carrie Menkel‐Meadow, Restorative Justice
What Is It and Does It Work?, 3 Annual Review of Law and Social Science 161 (2007), https://doi.org/10.1146/annurev.lawsocsci.2.081805.110005 (last visited Feb 2025)
85 Supra note 1, at 2.
86 Atemi Amele Justin, Influence of Utilization of Alternative Dispute Resolution Mechanisms by Leaders on Sustainable Conflict Resolution in Bungoma County, Kenya, Public Policy and Administration Research (2021), https://doi.org/10.7176/ppar/11-6-06 (last visited Apr 2025)
87 Supra note 84, at 13
88 Supra note 4, at 2
processes that prioritize mending relationships and fostering communal harmony. 89 While retributive justice focuses on punishment for past transgressions, restorative justice endeavors to repair harm and restore relationships damaged by crime, fostering a sense of accountability and community healing. 90 The primary aim of this approach is to address the victim's needs, support the offender in taking accountability, and engage the community in collective healing, moving beyond the traditional focus on punitive measures. 91 The shift from a punitive to a restorative paradigm necessitates reframing justice as a means of achieving peace and fostering respect among all parties involved, rather than merely waging a "war on crime".
92 This involves asking who has been hurt, what their needs are, and whose obligation it is to address these needs, thereby shifting the focus from retribution to rehabilitation and reconciliation. 93 While the concept of restorative justice is gaining increasing traction globally and within India, its practical application and effectiveness, particularly concerning victims' needs, remain subjects of scholarly debate. 94 A theoretical framework focusing on victim recovery within restorative justice highlights that addressing core recovery factors common to various types of violence can significantly enhance the healing process. 95 This approach can serve as a robust alternative to conventional methods by emphasizing conflict resolution through shared consensus rather than unilateral imposition of punishment.
96 It shifts the focus from merely punishing offenders to actively involving victims, offenders, and the community in a process aimed at repairing harm and promoting healing. 97 This comprehensive approach moves beyond conventional legal retribution, prioritizing the restoration of justice and the law that was violated through collaborative efforts. 98 89 Ifeanyi A. Chukwudebelu, Reconciling Cultural Values with Legal Principles: Traditional African Justice Systems in Contemporary Context, Journal of Legal Subjects 12 (2024), https://doi. org/10. 55529/jls. 44. 12. 23 (last visited Jun 2025)
90 Supra note 3, at 2
91 Supra note 2, at 2
92 Howard Zehr, Justice as Restoration, Justice as Respect, 11 The Justice Professional 71 (1998),
https://doi.org/10.1080/1478601x.1998.9959489 (last visited Jan 2025)
93 Supra note 9, at 3
94 Jo-Anne Wemmers, Restorative Justice for Victims of Crime
A Victim-Oriented Approach to Restorative Justice, 9 International Review of Victimology 43 (2002), https://doi.org/10.1177/026975800200900104 (last visited Feb 2025)
95 Supra note 1, at 2.
96 Supra note 11, at 3.
97 Edward J. Gumz & Cynthia Grant, Restorative Justice
A Systematic Review of the Social Work Literature, 90 Families in Society The Journal of Contemporary Social Services 119 (2009), https://doi.org/10.1606/1044-
3894.3853 (last visited Feb 2025)
98 Supra note 8, at 3.
4.1. Legislative reforms
In recent years, the Indian criminal justice system has witnessed significant legislative efforts aimed at integrating restorative principles, reflecting a global shift towards more victim-centric and rehabilitative justice models. These reforms seek to align the legal framework with the evolving understanding of justice, moving beyond purely punitive measures to embrace reconciliation and reintegration as core objectives. Specifically, these legislative amendments and proposed bills aim to incorporate mediation, victim-offender dialogue, and communitybased dispute resolution mechanisms into the formal legal process, thereby broadening the scope of restorative justice.
99 The Supreme Court of India, through its evolving victimological jurisprudence, has played a crucial role in laying the groundwork for a more victim-centric approach, emphasizing the need for comprehensive support and compensation for crime victims. 100 This judicial activism has paved the way for legislative innovation, encouraging the formal recognition of victims' rights and their active participation in the justice process. 101 These efforts underscore a broader commitment to ensuring that the needs of victims are not merely acknowledged but actively addressed through systemic changes, moving beyond symbolic gestures to concrete mechanisms for redressal and support.
102 Moreover, these reforms are often justified by the argument that older statutes are outdated and incapable of addressing the demands of modern society, particularly in light of technological advancements and evolving societal norms. 103 The ongoing legislative changes, such as those related to sexual violence laws, highlight an attempt to bridge the gap between formal legal provisions and their practical implementation within trial discourse, though challenges persist. 104 The legislative pro-activeness for child rights in India, particularly in the twenty-first century, is a testament to the nation's commitment to aligning its legal framework with global human rights standards, transitioning from welfare to a rights-based regime for children. 105 This evolving legislative landscape signifies a gradual
99 Supra note 14, at 3
100 Supra note 6, at 2.
101 Andrew Ashworth, PUNISHMENT AND COMPENSATION
VICTIMS, OFFENDERS AND THE STATE, 6 Oxford Journal of Legal Studies 86 (1986), https://doi.org/10.1093/ojls/6.1.86 (last visited Jul 2025)
102 Id. at 112.
103 Tapan Kumar Jain & Bhabani Sonowal, Analyzing the Procedure for Investigation in Cybercrime and
Admissibility of Electronic Evidence, in Studies in computational intelligence 265 (2025), https://doi. org/10. 1007/978-3-031-80557-8_12 (last visited Jul 2025) 104 Neetika Vishwanath, Ethnographic Study of Rape Adjudication in Lucknow’s Trial Court, 16 Socio-Legal Review 55 (2020), https://doi. org/10. 55496/sphm2915 (last visited May 2025) 105 Shailesh Kumar, Shifting Epistemology of Juvenile Justice in India, 41 Contexto Internacional 113 (2019), https://doi. org/10. 1590/s0102-8529. 2019410100006 (last visited Jul 2025) but significant shift towards recognizing the imperative of victim participation and satisfaction within the criminal justice system, aligning with broader international trends in criminal procedure reform. 106 This is crucial for fostering a justice system that not only punishes offenders but also actively facilitates the healing and recovery of victims.
107 Further, judicial activism, particularly through the use of Public Interest Litigation, has been instrumental in promoting human rights for vulnerable populations, thereby influencing legislative reforms towards a more inclusive justice system. 108 This proactive judicial stance highlights the judiciary's role in upholding fundamental freedoms and ensuring the welfare of marginalized groups, even in instances where governmental actions might fall short. 109 The shift from a welfare-oriented approach to a rights-based framework for children, epitomized by the legislative changes, reflects an international recognition of children as rightsholders rather than mere beneficiaries of state protection.
110 This transition is further supported by the increasing emphasis on children's rights within institutionalized settings, ensuring that legal frameworks provide adequate protection and support regardless of the care environment. 111 This comprehensive approach is designed to ensure that the legislative framework not only punishes offenders but also actively facilitates the healing and recovery of victims, thereby strengthening the overall effectiveness of the criminal justice system. 112 This paradigm shift necessitates a re-evaluation of traditional legal interpretations, particularly regarding the application of procedural safeguards in child-protective legislation, ensuring a balanced approach that protects children without unduly restricting appropriate interventions.
113 The Criminal Law Reforms Committee and other policy think tanks have recommended victim-centric reforms and greater community involvements in justice delivery,
106 Supra note 6, at 2.
107 Nieke A. Elbers et al., The Role of Victims’ Lawyers in Criminal Proceedings in the Netherlands, 19 European Journal of Criminology 830 (2020), https://doi.org/10.1177/1477370820931851 (last visited Jul 2025) 108 K. R. Aithal, Judicial Activism — the Enforcement of Human Rights in India, International Journal of Law and Social Sciences 60 (2023), https://doi.org/10.60143/ijls.v1.i1.2015.11 (last visited Feb 2025)
109 Id. at 98.
110 Prithwish Ganguli, Juvenile Justice System in India
Aims, Objectives, Failures, and Suggestions for Reform (2024), https://doi.org/10.2139/ssrn.4988602 (last visited Jul 2025)
111 Luis Aguilar Esponda, Anandita Sharma & Sumedha Upadhyay, Comparative Review on the Legal
Protection Provided to Institutionalised Children in the South Asian Region, 2 Institutionalised Children Explorations and Beyond 27 (2015), https://doi. org/10. 1177/2349301120150104 (last visited Feb 2025) 112 Nessa Lynch & T. Liefaard, What Is Left in the “Too Hard Basket”? Developments and Challenges for the Rights of Children in Conflict with the Law, 28 The International Journal of Children s Rights 89 (2020), https://doi. org/10. 1163/15718182-02801007 (last visited Feb 2025) 113 Robert A. Burt, Protecting Children from Their Families and Themselves: State Laws and the Constitution, 1 Journal of Youth and Adolescence 91 (1972), https://doi. org/10. 1007/bf01537066 (last visited Feb 2025) advocating for measures that prioritize the needs of those harmed by crime and integrate community perspectives into restorative processes.
The Bharatiya Nyaya Sanhita, 2023, which replaces the Indian Penal Code, has introduced provisions aiming to improve access to justice, promote alternative dispute resolution, and fasttrack certain offenses. However, there is no comprehensive statutory framework explicitly recognizing Restorative Justice as a distinct process. Despite these progressive efforts, a significant gap remains in the formal codification and widespread implementation of restorative justice principles across the broader criminal justice system. This absence often leads to a reliance on ad hoc measures, limiting the systematic application and uniformity of restorative practices, particularly in complex criminal cases.
This legislative lacuna often results in the need for judicial interpretation to apply restorative principles within the existing legal framework, creating inconsistencies and limiting the full potential of such approaches.
4.2. Policy initiatives
India’s criminal justice system, rooted in colonial legal structures, has long struggled with inefficiencies, procedural delays, and an overburdened judiciary. In response, the government has initiated several policy measures aimed at reforming the system to make it more victimcentric, responsive, and accessible. Among these efforts, there has been a growing acknowledgment of restorative justice as a humane and effective alternative to punitive justice. Despite this conceptual shift, the implementation of RJ remains severely limited due to structural, legal, and societal barriers. Recent years have seen a series of legislative and policy reforms, notably through the recommendations of the Criminal Law Reforms Committee (2020).
The BNS incorporates certain victim-oriented provisions, such as plea bargaining enhancements and summary trials, which aim to reduce delays and encourage resolution. 114 However, these reforms fall short of institutionalizing restorative justice as a structured alternative to retributive justice. The absence of explicit statutory recognition of RJ mechanisms such as victim-offender mediation, family group conferencing, or communitybased restitution indicates a piecemeal rather than a systemic approach. A major impediment lies in the legal and procedural orientation of India’s criminal justice system. The adversarial model dominates legal education and practice, which prioritizes
114 Ministry of Home Affairs, Government of India, Bharatiya Nyaya Sanhita, 2023, available at
https://www. mha. gov. in/document/bharatiya-nyaya-sanhita-2023 (last visited July 28, 2025). punishment over restoration. There is insufficient training for judges, police, and legal practitioners in restorative methods, leading to reluctance or inability to apply RJ principles. 115 Furthermore, institutional resistance from legal actors who perceive RJ as “soft on crime” continues to obstruct progress. Another major challenge is the marginalization of victims in the criminal justice process. Although the victim's role has gained recognition in limited contexts, particularly under the Juvenile Justice (Care and Protection of Children) Act, 2015,116 victims remain largely excluded from critical decisions such as sentencing and compensation.
RJ, which depends heavily on voluntary, informed participation of both the victim and the offender, requires a cultural and procedural transformation that Indian criminal courts are yet to achieve. Infrastructure and policy implementation deficits also plague the promotion of RJ. There is a stark absence of trained RJ facilitators, and no national policy or institutional body currently oversees or standardizes restorative practices. The few instances where RJ has been piloted— such as in juvenile homes or through NGOs facilitating victim-offender dialogues—are not integrated into the mainstream justice system. 117 Social and cultural resistance compounds these issues. In a society where retribution is often equated with justice, particularly in cases of gender-based violence or heinous crimes, RJ is frequently misunderstood or opposed.
The absence of public awareness campaigns or civic education on restorative processes has prevented RJ from gaining broader legitimacy. Finally, there is a lack of empirical data and pilot studies evaluating the effectiveness of RJ in the Indian context. Without data demonstrating reduced recidivism, improved victim satisfaction, and community healing, policymakers have little incentive to prioritize or fund restorative initiatives. While India has taken incremental policy steps toward improving access to justice and reducing procedural delays, the implementation of restorative justice remains largely aspirational. As the global justice movement increasingly recognizes the benefits of RJ, India must consider it not as a fringe idea, but as a viable, ethical, and sustainable path toward criminal justice reform.
5. Challenges
in implementing restorative justice in India Despite growing international recognition and conceptual shifts towards restorative 115 Sushila Bedi & Madhurima Dhanuka, Restorative Justice and Legal System in India, 5 Indian J. L. & Soc. Just. 112, 115–117 (2022). 116 Juvenile Justice (Care and Protection of Children) Act, No. 2 of 2016, § 15(1)(b), India Code (2016). 117 Vidhi Centre for Legal Policy, Reimagining Bail Decision-Making: Incorporating Restorative Justice in Pre- Trial Justice in India, Working Paper (2021), available at https://vidhilegalpolicy. in/reports approaches, significant hurdles impede its widespread adoption and integration into mainstream legal practices. This is particularly evident in jurisdictions where the traditional retributive justice model is deeply entrenched, leading to a resistance to fundamental systemic changes.
118 One such jurisdiction is India, where the implementation of restorative justice faces numerous challenges stemming from its colonial legal heritage and an adversarial system that prioritizes punishment over rehabilitation. 119 This resistance is often exacerbated by a lack of comprehensive understanding and infrastructure necessary to support restorative practices effectively. 120 The subsequent discussion aims to delineate these multifaceted challenges, examining both the structural impediments within the existing criminal justice framework and the societal perceptions that hinder the embrace of restorative principles.
5.1. Legal and institutional challenges
A primary challenge stems from the retributive nature of India’s criminal justice system, which historically emphasizes punitive measures rather than rehabilitation or victim-offender reconciliation. 121 This foundational difference poses significant conceptual and practical difficulties for integrating restorative justice principles, which prioritize repairing harm and fostering community well-being over retribution. 122 The recently enacted Bharatiya Nyaya Sanhita 2023, which replaces the Indian Penal Code, 1860, perpetuates this retributive approach by expanding state and police powers and retaining offenses. The focus of the new code on enhancing state authority rather than fostering a rehabilitative environment signals a continued departure from the principles necessary for a robust restorative justice framework.
123 Further, the existing legal framework often lacks specific provisions or mandates for implementing restorative practices, thereby hindering their formal integration into judicial proceedings. This absence of legal recognition and procedural guidelines leaves restorative justice initiatives largely dependent on discretionary measures or pilot programs, rather than being enshrined as a fundamental component of the justice system. The prevailing adversarial
118 Supra note 23, at 5.
119 Supra note 15, at 4.
120 Padlilah Padlilah et al., Reevaluation and Reorientation of the Philosophy of Retributive Justice to Restorative Justice in Imposing Criminal Sanctions, 4 Journal La Sociale 45 (2023), https://doi.org/10.37899/journal-la-sociale.v4i2.786 (last visited Jul 2025)
121 Supra note 22, at 4.
122 Restorative Justice for Juvenile Delinquents in Bangladesh
A New Chance for Hope, Deleted Journal 1229 (2024), https://doi.org/10.62271/pjc.16.4.1229.1243 (last visited Jul 2025)
123 R. Guy Thomas, BHARATIYA NYAYA SANHITA, 2023
A CRITICAL PERSPECTIVE, SSRN Electronic Journal (2024), https://doi.org/10.2139/ssrn.4898463 (last visited Jul 2025) system, characterized by its focus on assigning guilt and imposing penalties, often marginalizes the victim's role and neglects their healing process.124
5.2. Social and cultural challenges
The emphasis on punitive approaches often overlooks broader societal goals such as reducing recidivism rates and fostering safer communities. 125 Moreover, the public perception of justice in India frequently aligns with retributive ideals, making it challenging to introduce and gain acceptance for alternative approaches that prioritize restoration over punishment. 126 Societal expectations for severe penalties often overshadow the potential benefits of restorative processes, particularly in cases involving grave offenses. This deeply ingrained punitive mindset necessitates a significant cultural shift to embrace restorative justice as a credible and effective alternative.
127 Furthermore, the "get tough" approach, which has dominated criminal justice policy for decades, has demonstrably failed to deter crime effectively, instead leading to an overburdened correctional system and strained government budgets. 128 Restorative justice, conversely, emphasizes reconciliation and the rehabilitation of offenders, focusing on repairing the harm caused by crime rather than merely inflicting suffering upon perpetrators. 129 This paradigm shift requires a re-evaluation of how justice is understood and administered, moving away from a sole focus on punishment towards a more holistic approach that addresses the needs of victims, offenders, and communities. 130
5.3. Resource constraints
Unlike the singular focus on offender rehabilitation found in traditional juvenile justice treatment models, restorative justice emphasizes the integral involvement of victims and communities in the rehabilitative process.131 This contrasts with the retributive justice model, which primarily focuses on punishing the offender in a manner deemed fitting for the crime committed.132 This inclusive approach, as seen in the balanced and restorative justice model,
124 Supra note 33, at 6.
125 Supra note 4, at 2.
126 Asmadi Syam, Measuring the Concept of Restoration in Criminal Justice System, 16 Jurnal Ilmiah Kebijakan Hukum 363 (2022), https://doi.org/10.30641/kebijakan.2022.v16.363-376 (last visited Jun 2025)
127 Supra note 18, at 4.
128 D. A. Andrews & James Bonta, Rehabilitating Criminal Justice Policy and Practice., 16 Psychology Public Policy and Law 39 (2010), https://doi.org/10.1037/a0018362 (last visited Feb 2025)
129 Supra note 20, at 4.
130 Supra note 39, at 7.
131 Supra note 32, at 6.
132 Supra note 21, at 4.
seeks to achieve a three-pronged outcome: community safety, offender accountability to victims, and the development of offender competency for reintegration into society. This broader scope necessitates a reallocation of resources and a redefinition of roles for justice system personnel, moving from a primarily office-based administrative function to active community engagement and offender supervision in competency-building initiatives. 133 This transition requires significant investment in training for justice professionals, from police officers to judges, to understand and implement restorative practices effectively. However, the lack of dedicated funding, trained personnel, and specialized facilities poses a substantial barrier to the widespread adoption and successful implementation of restorative justice programs across India.
The absence of such resources impedes the development of comprehensive restorative justice initiatives, limiting their reach and efficacy within the criminal justice system. This includes establishing specialized units or departments dedicated to restorative justice, equipping them with the necessary infrastructure and technology to facilitate victim-offender mediation, community conferencing, and other restorative processes.
6. Case studies of restorative justice initiatives in India
Restorative Justice in India is still in its nascent stages, with isolated pilot programs and a growing academic interest slowly paving the way for its broader application. Despite these limitations, various non-governmental organizations and academic institutions have spearheaded localized initiatives, demonstrating the potential efficacy of restorative approaches in specific contexts, such as juvenile justice and community-level dispute resolution. These initiatives, often operating outside the formal legal framework, highlight the need for a more structured and comprehensive approach to integrating restorative justice into the mainstream criminal justice system. These pioneering efforts, while commendable, often encounter significant hurdles due to a lack of formal recognition, inadequate funding, and limited institutional support.
These challenges underscore the necessity of a paradigm shift within the Indian criminal justice system, moving from a retributive to a more rehabilitative and restorative model. 134
133 Supra note 13, at 3.
134 Jaytilak Guha Roy & Yatish Mishra, Criminal Justice Administration in India
Emerging Trends and Futuristic Introspection, 43 Indian Journal of Public Administration 794 (1997), https://doi.org/10.1177/0019556119970346
6.1. Juvenile Justice Boards (JJBs) and diversion programs
These programs often incorporate restorative principles to address the root causes of juvenile delinquency, focusing on rehabilitation and reintegration rather than punitive measures. These initiatives aim to divert young offenders from the formal justice system, offering them opportunities for personal growth and accountability through mediated dialogues and community-based interventions. Such approaches provide a crucial avenue for addressing criminogenic needs in young offenders, fostering emotional expression and developing problem-solving strategies, which are essential for preventing re-offending.135
6.1.1. Sikkim state mediation and restorative justice pilot (2021–2022)
This pilot project, initiated in collaboration with local communities, sought to implement restorative justice practices within the existing legal framework, demonstrating the feasibility of integrating these approaches into formal legal proceedings. This initiative provided valuable insights into adapting restorative justice principles to the unique socio-cultural context of India, highlighting the importance of community involvement and cultural sensitivity in the implementation process. This approach aligns with principles observed in Indigenous community-based restorative justice models globally, which prioritize holistic healing and community well-being over punitive measures. 136 This emphasis on local adaptation ensures that restorative justice models are culturally resonant and effectively address the specific needs and values of the communities they serve.
This adaptation is particularly relevant given India's diverse indigenous populations, where customary law often incorporates dispute resolution mechanisms akin to restorative justice. This includes leveraging existing indigenous justice delivery systems, which often embody restorative principles, to provide culturally appropriate and effective dispute resolution mechanisms. 137 The benefits observed from such processes in other jurisdictions, including speedy disposal and cost-effectiveness have compelled the Indian legislature to consider their wider application within the criminal justice system. These traditional systems, often rooted in community-led conflict resolution, offer valuable insights
135 Supra note 38, at 7.
136 Brian Jarrett & Polly E. Hyslop, Justice for All
An Indigenous Community-Based Approach to Restorative Justice in Alaska, SSRN Electronic Journal (2015), https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2572274_code1113053.pdf?abstractid=2572274&mirid=1& type=2 (last visited Jun 2025) 137 Kaushik Bhagawati et al., A Unique Indigenous Justice Delivery System of Tribes of Eastern Himalayan Region of India, 59 International Letters of Social and Humanistic Sciences 56 (2015), https://doi.org/10.18052/www.scipress.com/ilshs.59.56 (last visited Jan 2025) for developing restorative justice frameworks that are both effective and culturally appropriate within the Indian context.138 Such integration could significantly enhance access to reparatory measures and sustainable agreements for all parties involved, mirroring successful collaborative mechanisms for conflict resolution seen in other countries.139
6.1.2 Community justice in Nagaland
Tribal conflict resolution This approach acknowledges that informal, community-based dispute resolution mechanisms have long been a part of India's legal landscape, especially in tribal areas. 140 This highlights the potential for "Indianizing" the concept of alternative dispute resolution to better suit local conditions and integrate traditional practices into modern justice reforms. 141 This is particularly evident in Nagaland, where tribal councils and customary laws play a significant role in resolving disputes and maintaining social harmony, often employing restorative principles. These traditional mechanisms emphasize conciliation and restitution, aligning closely with restorative justice principles by focusing on repairing harm and rebuilding relationships rather than solely imposing punitive sanctions.
The integration of these indigenous methods, which often prioritize consensus-based resolutions and community peace-making, could offer a more culturally sensitive and effective pathway for broader restorative justice implementation across India. 142 This integration could significantly enhance access to reparatory measures and sustainable agreements for all parties involved, mirroring successful collaborative mechanisms for conflict resolution seen in other countries. This localized approach aligns with global trends that recognize the efficacy of indigenous conflict resolution mechanisms in addressing complex issues at the grassroots level. 143 These systems frequently leverage the deep intimacy and understanding local elders have with their communities, allowing them to consider specific 138 Rudini Hasyim Rado et al.
, Penal Mediation Policy toward the SARA Conflict Resolution of Kei Island in the National Criminal Law Reform Efforts, 343 IOP Conference Series Earth and Environmental Science 12181 (2019), https://doi. org/10. 1088/1755-1315/343/1/012181 (last visited Jan 2025) 139 Isabel Ximena González Ramírez, Justicia Restaurativa En Violencia Intrafamiliar y de Género, 26 Revista de derecho 219 (2013), https://doi. org/10. 4067/s0718-09502013000200009 (last visited Feb 2025) 140 Lidwina Inge Nurtjahyo, The Issues of Access to Justice in The Case of Dispute Resolution within The Indigenous Community of Tulehu, Central Maluku, 1 Indonesia Law Review (2011), https://doi. org/10. 15742/ilrev. v1n3. 57 (last visited Jul 2025) 141 Prof. K. D. Raju, Alternate Dispute Resolution System: A Prudent Mechanism of Speedy Redress in India, SSRN Electronic Journal (2007), https://doi. org/10. 2139/ssrn.
1080602 (last visited Jul 2025) 142 Oheo K. Harris & Rustam Ukkas, The Postition of Village Peace Judges in the Resolution of Traditional Offences within the Tolaki Community in South-East Sulawesi, 16 Indonesian Journal of International Law (2019), https://doi. org/10. 17304/ijil. vol16. 3. 756 (last visited Jun 2025) 143 Amin Mamma Gena & Kedir Ismael Jarra, An Appraisal of the Practice of Indigenous Conflict Resolution Mechanisms in Building a Culture of Peace in Bale Zones, Oromia National Regional State, Ethiopia, 9 Heliyon (2023), https://doi. org/10. 1016/j. heliyon. 2023. e14970 (last visited Jul 2025) local conditions, languages, habits, customs, and practices when resolving disputes.
144 Such approaches resonate with decolonized social work theories, advocating for the incorporation of traditional and local helping interventions into mainstream practices, thereby moving beyond the limitations of Western-centric methodologies. 145 This localized approach aligns with global trends that recognize the efficacy of indigenous conflict resolution mechanisms in addressing complex issues at the grassroots level. 146 This recognition extends to the broader adoption of Alternative Dispute Resolution mechanisms, which have gained prominence in India as a means to expedite case disposal and manage the increasing burden on formal courts. These mechanisms often prioritize holistic healing and community well-being over punitive measures, which is consistent with the principles of restorative justice.
147 The utilization of such dispute management procedures, especially those adopted by village elders, facilitates a rapid resolution process through conciliation and mediation, echoing the historical Panchayat system in ancient India. This historical precedent underscores the deep-rooted nature of community-led dispute resolution in India, providing a strong foundation for the expanded application of restorative justice principles. While the effectiveness of these alternative dispute resolution mechanisms has been debated, particularly concerning their comparative efficacy against traditional court adjudication, their potential for cultural congruence and community empowerment remains a compelling argument for their integration into criminal justice reform efforts.
148 This includes leveraging existing indigenous justice delivery systems, which often embody restorative principles, to provide culturally appropriate and effective dispute resolution mechanisms. However, integrating these traditional systems into the formal legal framework presents challenges, as it necessitates careful navigation of the interplay between customary laws and statutory provisions, raising ethical questions about formalizing informal processes.
6.1.3. Tata Institute of Social Sciences (TISS) – RJ Project in Prisons
This raises important considerations about how to standardize the application of restorative
144 Manzoor Laskar, Lok Adalat System in India, SSRN Electronic Journal (2012),
https://doi.org/10.2139/ssrn.2420454 (last visited Jan 2025) 145 Shannal Rowkith & Raisuyah Bhagwan, Honoring Tribal Spirituality in India: An Exploratory Study of Their Beliefs, Rituals and Healing Practices, 11 Religions 549 (2020), https://doi.org/10.3390/rel11110549 (last visited Jul 2025)
146 Tibebu Kefale Muluken, The Role of Indigenous Conflict Resolution Mechanisms in the Pastoral
Community: An Implication for Social Solidarity in Somali Region, Shineli Woreda, 7 OALib 1 (2020), https://doi. org/10. 4236/oalib. 1106122 (last visited Jul 2025) 147 Jeffrey Kauffman, The African Concept of Ubuntu and Restorative Justice, in Routledge eBooks 179 (2007), https://doi. org/10. 4324/9780203346822-18 (last visited Jan 2025) 148 K. N. Chandrasekharan Pillai, V. S. Jaya & Vishnu Konoorayar, ADR: Status/Effectiveness Study, SSRN Electronic Journal (2014), https://doi. org/10. 2139/ssrn. 2535079 justice principles without undermining the organic, localized nature of these traditional practices. The TISS project in prisons exemplifies a formal attempt to introduce restorative practices within a structured carceral environment, highlighting the complexities of scaling localized community-based models to state-level institutions.
The adaptation of such models, which are often characterized by community involvement and culturally specific resolutions, presents a significant paradigm shift from conventional punitive approaches. This initiative underscores the potential for restorative justice to reform the Indian correctional system by focusing on rehabilitation and reintegration rather than solely punishment.
6.1.4. Gujarat Lok Adalats and victim-offender settlement
This shift towards a restorative paradigm necessitates a re-evaluation of current legal frameworks to accommodate processes that prioritize healing, accountability, and community involvement. The Lok Adalats in Gujarat, by facilitating victim-offender settlements, further demonstrate a pragmatic application of restorative principles within the formal legal system, albeit with limitations concerning the scope and types of cases amenable to such resolutions. These mechanisms offer a pathway for non-adversarial resolution, aiming to mitigate the adversarial nature inherent in traditional litigation and foster reconciliation.
This approach, while beneficial in certain contexts like traffic accidents through family group conferencing, may not fully address the systemic issues prevalent in more complex criminal cases, necessitating a broader application of restorative principles across all stages of the legal process. 149 The inherent limitations of current frameworks for victim-offender settlements in India highlight a crucial need for legislative enhancements that broaden the applicability of restorative justice practices to a wider array of criminal offenses, moving beyond less serious cases. Such an expansion would align with the historical context of India, where out-of-court settlements and community-based dispute resolution mechanisms, like plea bargaining and compounding of offenses, have long been integral to the criminal justice system.
150 This historical context provides a strong foundation for the continued integration and expansion of restorative justice principles within the contemporary Indian legal landscape, emphasizing the need for a comprehensive framework that supports such initiatives across all levels of the justice system. While these mechanisms offer a potent tool for providing restorative justice, their full potential is hindered by significant challenges including a large backlog of cases, low
149 Iman Faturrahman & Bambang Tri Bawono, Application of Restorative Justice to Solution of Traffic
Accidents, 4 Jurnal Daulat Hukum 27 (2021), https://doi.org/10.30659/jdh.v4i1.13881 (last visited Jul 2025).
150 Supra note 54, at 9.
legal awareness, and a lack of consistent monitoring and supervision. The persistent issue of case pendency in the Indian criminal process further exacerbates these challenges, underscoring the urgent need for systemic reforms that go beyond merely increasing judicial capacity and instead focus on fundamental design flaws within the justice system. This systemic reform must embrace comprehensive strategies to integrate restorative principles at every stage of the criminal justice process, from initial police interaction through to postconviction reintegration. A paradigm shift from conventional punitive approaches to restorative justice is essential for achieving broader goals such as victim recovery, reducing recidivism rates, and fostering safer communities.151
6.1.5. The peace-building project in Jharkhand villages
The peace-building project in Jharkhand villages exemplifies a community-driven initiative that harnesses traditional methods of conflict resolution to address interpersonal and intergroup disputes, thereby reducing the burden on the formal justice system. This grassroots approach highlights the potential for localized restorative practices to complement and relieve pressure on formal legal institutions, particularly in regions where access to the judicial system is limited. Such initiatives demonstrate how restorative justice, by promoting community engagement and self-governance, can contribute to building a more civil society and improving overall public safety.
152 This model, deeply rooted in local customs and collective decisionmaking, provides a blueprint for how restorative principles can be effectively woven into the fabric of daily life, fostering reconciliation and preventing escalation of conflicts. The success of such projects underscores the importance of integrating traditional disp