Concept of Restorative Justice in India;

1. RESTORATIVE JUSITCE vis-a-viz
VICTIM OFFENDER MEDIATION
BY-
KRITI JOHRI

2. JUSTICE
 Justitia – Idea of Joining, Fitting
The Then US President Barak Obama, 2011
‘Justice has been done’.
 Nirbhaya’s Mother, 2016
‘Justice is incomplete without
death sentence to culprits’.

3. Act of Crime
 Violation of Victims rights
 Violation of Peace and Tranquillity in
community
Navajo tribe in U.S offender conducts in a
way as if he has no relatives; lost personal
connect from people
Involves Interests of offender, victim and
community

5. Available Interests in present
legal system
 Accused
Rights at all stages of trial – D.K
Basu
 Victim
S.160, 161, 173(2)(ii), 357, 357A
– Manohar Singh v. State of
Rajasthan 2015
Not available
 Speak about Impact?
Ask questions from offender;
express sentiments ?
 Role in trial procedure besides
witness ?
 Community involvement?

6. Restorative Justice
First time term coined by Albert Eglash, 1977 Article
‘Beyond Restitution: Creative Restitution’
RJ- interprets crime as injury or wrong done to person –
not just as breaking the law or offending against State - a
way of paying the debt due to victim by offender.
John Baithwaite – RJ emphasizes healing through
material and symbolic restitution, rebuilding the self-
respect of offenders, and integrating into the community.

7. Four R’s / Goals
 Restitution - Compensation
 Reformation Sentencing
 Rehabilitation
 Repentance - apology recidivism

8. Features
 Who has broken the law?
 What is the harm?
 Who is affected by the harm? – Victim, primary,
secondary & community as tertiary; offender- witch
hunting of offender, family of offender.
 Who is responsible for repairing the harm?
 Repairing harm with or without punishment.
USP- participation and consideration of the interests of all
stakeholders in criminal act.

9. Historical Background
Not new . Jim Consedine Biblical justice -
restorative. New Zealand – Maori Tribe
US - Navajo Tribe. Rooted in philosophy of Pacific
nations such as Tonga, Fiji and Samoa. Germany -
public assemblies . India - in 600 BC ancient
Buddhist Taoist and Confucian traditions. Turning
point Norman Invasion of Britain 11th century
King Henry I – made offences as act against King
aka State

10. Programmes under RJ
Victim
offender
Mediation
Family group
conferencing
Community
conferencing
Sentencing
circles
Mediation Conferencing Circles

11. VICTIM OFFENDER
MEDIAITION
Victim - opportunity to express the emotional, mental or
physical distress and agony due to crime.
Offender - opportunity to understand the impact of the
crime, answers questions raised by the victim and amicably
churn an agreement consisting of terms of restitution.
Justice
Accountability
Restitution

12. Process
-No coercion but matter of choice
-Facilitated by mediator – Probation officer, Judicial
officer, Civil Society, Police (Australia)
- Often mediator talks to victim for conference if yes
then accused is informed but can be other way round
too.
-After meeting, a restitution agreement is settled
between the parties based on their terms.
-Such a practise mostly common worldwide in petty
offences, theft, burglary, juvenile offences.

13. Advantages
-Meeting joined by family members, community members or social
workers.
-Organised by Mediation boards, agencies of law enforcement,
probation officers and correctional institutes
-scope of compassion for victim by offender. Such attitude could be
instrumental in rationalising the criminal demeanour of offender
and reduce recidivism in future.
-Psychologists - forgiveness as a process involving cognitive and
behavioural responses in which negative emotions towards and
judgement towards the offender.
- Can promote healing by motivating reconciliation, which is an
attempt by the offender, victim or both to restore a damaged
relationship.

14. VOM in other legal systems
CANADA
First VOM Kitchener, Canada 1974
Practiced in juvenile, property and petty offences. Organised by
prosecution, Probation officers members of Church like in US
UNITED STATES OF AMERICA or Victim Offender Dialogue
Replicated in 1978 in Elkhart, Indiana .
Besides juvenile, burglary offences growing interest to practice it
in drunk driving, serious injury and death, rape, manslaughter and
murder. In 1989 court sanctioned mediation in acquaintance rape.

15. GERMANY
Embedded in German Criminal Code, 1998 as amended in 1991-
S. 10 mandatory in juvenile offences. In 1994 S. 46 – imprisonment is
less than 1 year.
New Zealand
Maori community approaches to the handling of child protection and
juvenile justice cases.
Australia
Wagga Model originated in Wagga, New South Wales where police
has been instrumental in organising conferences of victim offender.
Now practised in other states too.

16. United Kingdom
Crime Reduction programmes in 1999 wherein funds
were invested in schemes of Restorative justice – VOM
Sections 7 and 8 of the Code for Crown Prosecutors
guidance to Prosecutors on alternatives to prosecution for
adults and youths, including conditional cautions.
Whereas Standard 3 of the CPS Core Quality Standards
(CQS) stipulates that Prosecutors will use out-of-court
disposals as alternatives to prosecution, where
appropriate, to gain speedy reparation for victims and to
rehabilitate or punish offenders.

17. INDIA
Only in matrimonial cases after Deepa v. Srinivas Rao in 2013
mandated mediation as first recourse in matrimonial cases and
family disputes .
164th Parliamentary Standing Committee Report on The
Juvenile Justice Act revealed Boards lack services like
counselling, mediation, treatment other reformative measures.
Justice Krishnaiyer in Sunil Batra v. Delhi Administration
1980‘whenever a punitive response is awarded to an offender,
it must be oriented to restorative measures and not just to
deterrence.

18. Take Home
-Does our reformative measures truly reform offenders?
- NCRB report 2014 rate of recidivism increased from 7.2% to
7.8% whereas conviction rate is 45%. Is system reforming or
achieving its goal of deterrence?

19. References / Further Readings
Authors/ Scholars
- Mark Umbreit
-John Braithwite
-Gwen Robinson
Articles /Books
-Gwen Robinson & Joanna Shapland, Reducing Recidivism: A Task for Restorative
Jusitce? BJC 48, 337-358 (2008) at http://www.jstor.org/stable/23639090
-Dennis Sullivan and Larry Tifft, The Handbook on Restorative Justice- A Global
perspective, 1 Routledge, 2006
- Burt Galaway, Crime Victim and Offender Mediation as a social Work Strategy, 62
SSR 668-683
- Kieran McEvoy, harry Mika and Barabar Hudson, Introduction: practice,
performance and prospects of restorative justice, 42 BJC 469-475
-Gwen Robinson and Joanna Shapland Reducing Recidivism: A Task for Restorative
Justice? 48 BJC 337
Mark S. Umbreit, Crime Victims and Offenders in Mediation: An emerging area of
social work practice, 38 SSR 69