Restorative Justice: A Contrivance of Compensatory Jurisprudence for the Victims of Rape in India
| DOI | 10.1177/2516606919885495 |
| Author | Nisha Dhanraj Dewani,S. Z. Amani |
| Date | 01 October 2019 |
| Published date | 01 October 2019 |
| Subject Matter | Articles |
Restorative Justice:
A Contrivance of
Compensatory
Jurisprudence for
the Victims of
Rape in India
S. Z. Amani1
Nisha Dhanraj Dewani2
Abstract
Victims in rape cases are invariably the forgotten part in India’s criminal adver-
sarial system. While the accused, more often than not, is protected with all the
resources available at the expenditure of the State, the victim is left to fend for her-
self with little or no support from the State machinery. She is merely transformed
to a witness to watch the entire play being organized by the accused and the State
as the protagonists. The violations of victim’s rights, the invasion of her dignity, the
actual losses incurred to her do not constitute matter of concern of any one. India,
at present, is faced with the situations where respect for criminal law has reduced
to minimum; one of the crucial reasons being the hapless condition of the victims.
Perhaps, the most dismal condition is witnessed in the rape case. The present
article seeks to highlight the plight of victims in Indian Criminal Justice System with
special reference to victims of rape and also highlights the attempts of the judiciary
to fill all the gaps through restorative justice to repair the harm caused by criminals.
Keywords
Compensation, restorative justice, victimization, victimology
Restorative Justice
In the field of victimology and criminology, restorative justice is an incredibly
conspicuous theory. It implies repairing the damage that the offender or his crimi-
nal actions caused or disclosed to the victim. It is best achieved through a
Article
Journal of Victimology
and Victim Justice
2(2) 202–214, 2019
2019 National Law
University Delhi
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DOI: 10.1177/2516606919885495
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1 Faculty of Law, Jamia Millia Islamia, New Delhi, India.
2 Research Scholar, Faculty of Law, Jamia Millia Islamia, New Delhi, India.
Corresponding author:
Nisha Dhanraj Dewani, Faculty of Law, Jamia Millia Islamia, New Delhi 110025, India.
E-mail: dhanraj.nisha@rediffmail.com
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