India's justice system weighs restorative alternatives over punishment

India's criminal justice system currently relies on punishment as its main response to crime. However, calls for a more victim-focused and reform-driven approach have grown louder in recent years. The Supreme Court has highlighted the need for better victim compensation, while experts suggest restorative justice could offer a balanced alternative.

Restorative justice shifts the focus from punishment to repairing harm caused by crime. It encourages offenders to take responsibility and gives victims a direct voice in the process. Countries like New Zealand and Canada have already adopted this model, reporting higher victim satisfaction and reduced re-offending rates.

Indian law already includes some restorative elements. Victim compensation is provided under Sections 357 and 357A of the Code of Criminal Procedure, while the Probation of Offenders Act, 1958, allows for rehabilitation over imprisonment in certain cases. The Supreme Court's ruling in Ankush Shivaji Gaikwad v. State of Maharashtra further stressed the importance of compensating victims.

Despite these provisions, challenges remain. A lack of public awareness, no clear legal framework, and a societal preference for punishment slow progress. No major court cases have applied restorative justice principles since the Ankush Shivaji Gaikwad judgment. Experts argue that structured guidelines, training programmes, and pilot projects could help bridge this gap.

For restorative justice to take hold in India, legal reforms and public education will be necessary. The system could benefit from clearer rules and real-world testing to ensure effective implementation. If adopted, this approach may provide a more balanced and healing-focused alternative to traditional punishment.