Supreme Court Advocates Restorative Justice and 'Care Ethics' in Juvenile Delinquency Cases
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The Supreme Court has called for a paradigm shift in the juvenile justice system, moving from retributive punishment to a restorative approach. This transition emphasizes the state's duty to facilitate the moral and social reintegration of young offenders through the lens of 'Care Ethics'.
The Supreme Court of India recently underscored a pivotal shift in the country’s approach to juvenile delinquency, advocating for a transition from a "retributive" to a "restorative" philosophy. In its observation, the Court highlighted that the primary objective of the juvenile justice system should not be to penalize, but to facilitate the moral and social reintegration of the child into society.
Restorative justice differs fundamentally from retributive justice. While the latter focuses on the violation of laws and the imposition of punishment as a form of vengeance or deterrence, restorative justice views crime as a violation of people and relationships. It seeks to repair the harm caused by the offense by involving the offender, the victim, and the community in a process of healing and accountability. For juveniles, this means addressing the underlying socio-economic and psychological factors that lead to delinquency, such as poverty, lack of education, or broken family structures, rather than merely focusing on the act of the crime itself.
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