ARCHIVES
VOL. 3, ISSUE 3 (2017)
Restorative justice system: A comparative analysis
Authors
Lipika Sharma
Abstract
Restorative Justice generally talks about criminal offences. Basically it is a process which can be used as a method or cure to prevent the conflicts between the parties and build a healthy relationship by the method of communication to repair the harm more effectively and wisely. It seeks to resolve some very basic questions i.e who has being hurt, what are their needs. Restorative questions cannot be answered without the active involvement of the one who is hurt or affected. Involving those affected is the cornerstone of restorative justice. Restorative justice focuses on weakness of offenders, it attempts to draw the strength of these individuals and their capacity to openly address the need to repair the harm caused. It denounces criminal behavior.
The concept of restorative justice rests on certain common values such as respect, responsibility, inclusion, empathy, honesty, openness and most important of all accountability. International, National and Local Justice system and correction departments along with victim advocate develop policies to be more responsive to the needs of crime victims and the community. It is basically healing in the process of creating justice and promoting accountability are part of social reform movement that has been developing through the world.
This paper is will be discussing the meaning and growth of the concept of restorative justice. What is the international scenario with regard to restorative justice and various treaties dealing with restorative justice. This system is followed in USA, UK, Canada, new Zealand, Afghanistan, Palestine etc. as a indigenous practice. It will also discuss in detail the UN basic principle on the use of restorative justice programmes in criminal matters. Further the paper will discuss the stakeholders involved and their desired comfort level. this paper talks about the functioning of restorative justice which talks about the division of functions between state, victims, offenders and communities and for greater emphasis upon procedural safeguards and substantive limits in the pursuit of the apparently beneficent goals of restorative justice. Thirdly will trace about the need for adopting restorative justice in twenty first century and why the concept of restorative justice has been given an importance now a days moreover why it is to be considered as an effective form of reforming the criminals and fourthly the paper will involve the drawbacks and hurdles which are faced by restorative justice process specially in a country like India. The paper will discuss will give comparative analysis of the restorative justice system as followed in various countries. Specific focus will be on India scenario that is to say how effective the restorative system can be in India.
Download
Pages:39-44
How to cite this article:
Lipika Sharma "Restorative justice system: A comparative analysis". International Journal of Law, Vol 3, Issue 3, 2017, Pages 39-44
Download Author Certificate
Please enter the email address corresponding to this article submission to download your certificate.

