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Abstract: 

The applicability of the concept of restorative justice has been very limited in the Indian Criminal Justice System, which is predominantly a holdover from colonial times. After independence in 1947, great leaders like Mahatma Gandhi practiced the principles of non-violence and forgiveness, and although the lok adalats, or people’s courts, and village panchayats were allowed to settle minor disputes amicably through reconciliation and mutually acceptable solutions outside the formal criminal justice system, the basic approach of the Indian Criminal Justice System is not yet a restorative one. However, there are a few laws that do have restorative components. The Juvenile Justice (Care & Protection of Children) Act 2000 has a provision for community service as part of the punishment of the juvenile offender. Likewise, several sections in the Criminal Procedure Code of 1973 have empowered the criminal courts of India to order payment of compensation to the victims of crime. Similarly, the Probation of Offenders Act 1958 provides a basis for providing compensation to injured persons. Various case laws on Article 21 (Right to Life) of the Indian Constitution by the Supreme Court of India encompass restitution. The Protection of Women from Domestic Violence Act 2005 was the first specific law that defined and comprehensively dealt with the specific issue of domestic violence. This article explores how restorative justice approaches are being applied to the problem of domestic violence in India.

Keywords: Restorative Justice; domestic violence

Affiliations:  1: Tata Institute of Social Sciences, Centre for Socio-Legal Studies and Human Rights.