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What is Restorative process

Restorative Justice and Practices in the 21st Century
It means any process in which the victim, the offender and/or any other individuals or community members affected by a crime actively participate together in the resolution of matters arising from the crime, often with the help of a fair and impartial third party.
Published in Chapter:
Democratic Model of Restorative Justice: Sheath to the Criminal Justice System in India
Unanza Gulzar (NorthCap University, India)
Copyright: © 2023 |Pages: 25
DOI: 10.4018/978-1-6684-6145-7.ch010
Abstract
The adversarial model of criminal justice, with punishing the offender as its main aim, has proven counterproductive. Mounting arrears in the court, delay in the disposal of cases, and consistently rising rates of acquittals resulted in the loss of public confidence in the system. In India, hundreds of reports from different bodies and individuals are testimony to the fact that the system in the country is virtually collapsed. This chapter establishes that in a democratic country like India, while keeping the adversarial system for certain serious and complex offenses, India needs to experiment with more democratic models aimed at reconciliation and restoration of relationships through restorative justice. Further, this system with more democratic models aimed at reconciliation and restoration of relationships is a welcome step, particularly in the matter of rape offenses, juvenile justice, and family disputes; thereby providing a viable alternative to the criminal justice system.
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