Applicability and Reception of Restorative Justice for Rape Victims

Abstract

The criminal justice system in India is modelled largely on the lines of retributive justice. This system indulges in an exercise of quantifying crime in terms of monetary and physical punishment. Thus, the focus primarily is on the offender, disregarding the need for victim participation. Victims of crime, therefore, feel increasingly frustrated and alienated as the criminal justice system represents prosecution and the state. Mounting arrears in the court, delay in the disposal of cases and consistently rising rate of acquittals has resulted in the loss of public confidence in the system. Mere aggressive responses to the problem of crime does not benefit the victims; neither does putting the offender behind bars serve any purpose and isolation offers no progressive solution to the conflict between the victim and the offender. The idea of restorative justice is emerging as answer to these issues and is gaining ground throughout the world as an alternative to current justice processes. The widespread dissatisfaction by battered women and rape victims with the current system of mandatory law enforcement opens the door for consideration of alternative forms of dealing with domestic violence. Restorative justice strategies have several major advantages. These strategies are solution-based rather than problem-based, give voice to marginalized people, and focus on healing and reconciliation. This chapter provides insights into the use of restorative justice as a process and examines its effectiveness and particular relevance to women who have been victimized by physical and sexual abuse. Conventional and restorative forms of justice are often viewed as mutually exclusive whereas the argument presented here is that they are complementary.