Restorative Justice in India: Exploring Feasibility in Child Sexual Abuse Cases

Abstract

Restorative Justice (RJ) is a part of criminal justice system (CJS) which focuses on the rehabilitation of offenders through reconciliation with victims and the community at large. It is a theory of justice that emphasises repairing the harm caused by criminal behaviour. It is best accomplished through cooperative processes that include all stakeholders and bring change in people, their relationships and communities. The three core practices of RJ are victim–offender mediation, family group conferencing and circles. In India, we bear a system in which money repeatedly matters more than merit and the principle of equal justice is routinely weakened in practice. It is estimated that around 100 countries in the world adopt and utilise RJ practices. This article will help us to develop an understanding of the traditional and contemporary forms of RJ practices in India and how it can be taken up in our societies, specifically in the cases of gender-based violence. This article will also reflect the relevance of RJ in context of Child Sexual Abuse (CSA) survivors and their families and how its procedures can deal with this issue. In India, cases of CSA take a long time (2–3 years) in court before the final judgment takes place. Such complex procedures compelled the researcher to think that a deeper understanding needs to be developed through a sound research so that the process of victimisation and legal procedures can be understood in a comprehensive manner. This would also help in developing the body of knowledge by incorporating the previous work of scholars and various stakeholders such as; Central and State Governments, Civil Society Organizations and Criminal Justice Professionals.