System of Restorative Justice and Juvenile Justice in India: a Brief Comparative Study with Latin American System

Abstract

Justice everywhere is threatened by injustice anywhere. After the Nirbhaya case verdict in Delhi, the State was accused of being lenient with one of the juvenile offenders; this may have been the cause of the public outcry. Consequently, the Juvenile Justice (Care and Protection) Act, (JJ Act) was passed by India in 2015. Children who commit horrible crimes cannot be dealt with lightly. However, as has been the case in the West, placing them in adult prisons would turn them into hardened criminals and repeat offenders. “Old enough to do the crime, young enough to do the time,” says the adage. Those who commit crimes must serve their sentences. The child activists contend that the Act is founded on the concepts of retribution and vengeance and has overturned all previous good laws. Children need food, not impediments to their growth. They require our society’s compassion rather than the harshness of the law. Restorative justice is a welcome idea. What is required is a shift in perspective, a readiness to prioritize victims in criminal proceedings, and an understanding that mending relationships and undoing harm are crucial components of the criminal justice system. Therefore, rather than simply passing judgment, it is our responsibility to uplift the weak, mend the broken, and comfort the grieving. The article focuses on youth crime kinds and causes, factors that lead to crime and restorative justice. This article also focuses on comparative analysis of Indian restorative justice system with Latin American restorative justice system in juvenile cases.