Date of Publication :30th December 2020

Abstract: In the later half of the last century ‘restorative justice’ ideas and practices emerged as an alternative to the formal criminal justice system. By the late 1970 in countries in Europe, the United States, Australia and parts of Canada, both civil law and common law victim offender reconciliation programmes were already in place. In India, the idea of restorative justice gained acceptance rather slowly. A few explicit measures like ‘Plea Bargaining’ and ‘Compounding’ and many more implicit measures that appeal to justice rather than legalism, focus on the victims of wrongdoing rather than the wrong and accord primacy to restoration of disequilibrium by award of compensation rather than punishment. Restorative justice ideas also gained recognition as human rights by virtue of reconciliation of conflicts by several off beat and humane solutions. However, despite all these positive and pro restorative justice developments, the real breakthrough would require a conscious and express legislative decision to deploy restorative justice procedures in respect of certain categories of wrongdoings/offences. The decision to apply restorative justice procedures may be based on central legislation that may be operated by state agencies or jointly by state and civil society agencies. Obviously, the restorative justice procedures will be greatly facilitated by voluntary initiatives coming particularly from students and youth.

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