Theoretical Analysis of Restorative Justice and Social Healing in India: A Sociological and Legal Perspective

Abstract

Through the perspectives of sociology and law, this study investigates the theoretical underpinnings of restorative justice and its potential to foster social healing in India. The goal of restorative justice is to make amends for the harm that crime has caused by encouraging communication and understanding between victims, offenders, and the community. A different way to dealing with crime and conflict is provided by restorative justice in India, where the legal system is frequently criticized for its punishing nature and inefficiency. This essay explores how restorative justice methods, in particular the ideas of community-based conflict resolution, reconciliation, and collective healing, mesh with India's cultural and social ethos. The study assesses how community involvement affects conflict resolution and how restorative justice can aid in mending trust and cohesiveness in communities that have fallen apart, using theories from sociology. It critically evaluates the legal gaps in Indian jurisprudence about restorative justice, the likelihood of its incorporation into the Indian legal system, and the difficulties in striking a balance between it and models of punitive justice. Through the integration of legal analysis and sociological insights, this research provides a thorough knowledge of how restorative justice might aid in societal healing in modern-day India.