VIDHIGYA: The Journal of Legal Awareness
  • Year: 2017
  • Volume: 12
  • Issue: 2

Evaluating plausibility of adr for patterned crimes in India

KIIT Law School KIIT University, Bhubaneswar

Online published on 2 November, 2018.

Abstract

In our legal system crimes are considered to be against the state not against individuals or communities at large. Given this definitional parameter the unmet needs of the victims and society takes a back seat. In the backdrop of this scenario the preoccupation of the retributive theory is felt more than the restorative. This nonetheless springs up the need to highlight the advantages and goals of the restorative justice. Therefore, the researcher is keen on finding an alternate to the typical criminal justice process for patterned crimes. This paper is an endeavour to evaluate the expansion of alternate dispute resolution for patterned crimes in India, such as the unending conflict between the Bodos, Muslims and other ethnic groups of Assam and communal clashes. This paper will further explore the benefits of mediation and reconciliation for victims and offenders, exploring ways in which it is being practiced internationally. Lastly, this paper will set forth a proposal for criminal law mediation and reconciliation which would specifically deal with patterned crime of communal or ethnic clashes.

Keywords

Restorative Justice, Alternate Dispute Resolution, mediation and reconciliation, Assam Violence, Ethnic cleansing