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 ease 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 / available offences. ” Key words:- Restorative Justice, reparative, victimizing, compensation, community policing, Procedural fairness, legitimacy. Plea bargaining. Introduction. In a criminal case both parties I. . 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 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 categorization and at the same time the victim get suitably compensated. This makes the situation better for both the criminal as well as for the society. Few criminologist have also defined the Goals of Restorative Justice which requires punishment as a component of an educative to an re-integrative process(Duff;2002:2003, PAP formal Daly 2000;2002).
So it has been argued, Restorative Justice is not an alternative to Punishment. Rather, it is an alternative form of Punishment (Duff 1992;Dillydally;2002). Constitutional Mandate We all know that in a society, conflicts of interest will always be there due to some issue or other and sometimes it may lead to verbal clashes which goes up to assaults etc. On the individual, resulting which injuries are caused to the victim both physical Restorative Justice – a Need of Hour in India By dashikis the rights of a victim are encroached forcefully by the other dominant party.
It is the duty of State to protect through its instrumentalities IEEE Administrative machineries like Police, Magistrates, Judiciary and Local bodies etc the rights of an affected individual or victim.. Therefore it becomes a long battle to get Justice through formal way of Judicial system and in majority of cases it becomes too difficult for a victim to et Justice within a limited time. Undue delay in a criminal trial has the effect of bringing about blatant violation of the rule of law and adverse impact on the common man’s access to Justice.
A person’s access to Justice is a guaranteed fundamental right under the constitution and particularly Article 21. Denial of this right undermines public confidence in the Justice delivery system and incentives people to look for short cuts and other for a where they feel that Justice will be done quicker. In the long run, this also weakens the Justice delivery system and poses a threat to the rule of law. Thus to overcome from the existing problems and to get speedy Justice, now days Alternate Dispute Redressed system such as mediations , conciliations and arbitration have been promoted.
All efforts are made to minimize the number of appendices in the court, such as speedy Justice through mutual consent of parties with the help of court through ask Adult especially in compoundable offences . Len this sequence role of LOOK ADULT and Legal service authorities are very much praise worthy . Penchant Raja System In India there was a system of Penchant of five reputed people of the sociality and their opinions were accepted by both parties. These five people were named by a Hindi writer Apprehend as a PAUNCH PARMESAN .
Thus their opinions were like a God verdict. No doubt this system has several weaknesses but the majority was for betterment of the society. This system got eroded and started losing its significance. But now days criminal Justice system become burdened in such way that Justice is being denied. Hence again there is a need felt to revive this old local self sufficient administrative units which was functioning on natural Justice and remained one of the best method of restorative Justice. In this regard, Honorable Justice S.
B Sinai, Judge Supreme Court of India, emphasizing the importance of Anyway penchants in a lecture delivered to District Judges observed that, “There is also a need to deliberate on the methodologies to be adopted for encouraging Justice dispensation through the traditional forum of Penchants. This age-old institution has found new vigor with the introduction of the 73rd Amendment to the Constitution, and most accordingly to be considered another pillar in the edifice that symbolizes Justice.
Strengthening the institution of Penchants and empowering people at the grass-root level to resolve their disputes amicably would solve many of the problems that are faced by the conventional Justice dispensation machinery in its attempts to percolate to the lowest levels. This would provide a, solution to the problems of access to those living in remote regions. ” The Gobo. Of India has passed THE ANALLY ACT 2008 with the following objectives as enshrined in the preamble of the Act as to provide Justice at the grass root level to it’s citizen.
An Act to provide for establishment of Gram Analyses at the grass roots level for the purposes of roving access to Justice to the citizens at their doorsteps and to ensure that opportunities for securing Justice are not denied to any citizen by reason of social, thereto. Indian Legal Provisions. The Concept of Victimizing where suitable compensations can also be awarded by court to the offending parties has now started gaining momentum in view of intervention of Supreme court of India for pressing States to formulate Policy .
At this point it is mentioned that present provision of Cry. P. C. 357, 358 are basically having thrust over Punishment ,followed by compensation. Similarly the revision of PLEA BARGAINING which has been introduced in the criminal law recently where parties can adopt option of Plea bargaining if particular offences are punishable by 7 years or less. Thus concept of victim’s compensation is available in criminal matters also but it is at the last stage ‘e when matter is before the court . In this process much delay is caused and victim as well as his family suffers irreparable loss.
In accident cases, fire accidents, minor assaults , minor theft of property offences ,libel slander, trespass, abuse and like so many offences which are trivial in tauter it become very expensive for the victim’s family. For example, in a case of serious accident where the bread winner is struggling for his life and family is not in a position to arrange medical expenses conviction of few months or fine of few rupees will not serve the purpose and console the victim . EPIC provide only fine or Punishment , so preference of court will go generally on fine ,which will also be limited .. N such cases what will be the preference of the victim’s family ? Whether they will go to court for conviction of the accused or to impose fine or try to have a speedy recovery of the victim?. For the victim’s medical expenditure at least the offender has to be negotiated keeping in mind all the conditions of the victim? In such situations if both parties are reaching a respectable solution voluntarily with or without Police help should be welcome. Thus there is no need to have a criminal case and sent to the court or getting compounded with the court intervention.
In this process Victim gets negotiated with the offender and it is his choice to make settlement with or without court intervention or parties among themselves with the help of some respectable person. In fact settlement at first step e at Police station level may help a lot to the needy victim as to improve financial condition of his [her house and family as police will produce convincing evidences. Overcrowding and lack of classifications in Jails. At present approximately more than 2 Lacks are languishing in Jail as Under Trial .