India's courts embrace restorative justice over punishment for healing harm
India's courts embrace restorative justice over punishment for healing harm
India's courts embrace restorative justice over punishment for healing harm
India's criminal justice system has long relied on punishment as its main response to crime. But in recent years, courts have begun exploring restorative justice—a method that focuses on repairing harm rather than just penalising offenders. This shift gained momentum after a 2013 Supreme Court ruling that supported mediation between victims and offenders in less serious cases.
The 2013 Ankush Shivaji Gaikwad v. State of Maharashtra judgment marked a turning point. It encouraged restorative justice in non-heinous cases, allowing victim-offender mediation as an alternative to traditional punishment. Since then, some states have made progress, while others lag behind.
Maharashtra and Kerala have led the way. In Maharashtra, over 1,000 cases were resolved through mediation by 2025, according to National Crime Records Bureau data. The Bombay High Court has successfully used mediation in family disputes. Kerala's Lok Adalats have also seen success in civil matters, thanks to strong community mediation traditions.
In contrast, northern states like Uttar Pradesh have struggled with adoption. Cultural resistance and a societal preference for punishment have slowed progress. Many people remain unaware of restorative justice, and the lack of a clear legal framework creates further hurdles.
Despite these challenges, restorative justice already has roots in Indian law. The Code of Criminal Procedure includes provisions for victim compensation, reflecting some of its principles. However, experts argue that broader reforms are needed. They recommend clear guidelines, dedicated legislation, and training programmes to help judges, lawyers, and communities embrace this approach.
The current system often leaves victims sidelined and does little to reform offenders. Restorative justice, by treating crime as harm to relationships rather than just a legal violation, could offer a more balanced solution.
Restorative justice has shown promise in states like Maharashtra and Kerala, but its adoption remains uneven. Without stronger legal frameworks and public awareness, its potential to reform India's criminal justice system will stay limited. The next steps could include pilot projects, training initiatives, and clearer laws to ensure this approach reaches more courts and communities.