CHAPTER - 01 INTRODUCTION

Transcription

1 CHAPTER - 01 INTRODUCTION How Weak Perspectives of The Criminal Justice System Induced Restorative justice? 1. INTRODUCTION (i) Victim: A Neglected Side In The Criminal Justice System. (ii) Malimath Committee's Report on "Victims of crime." (iii) Role of "Victim" In The Investigation Process. (iv) Victims and Prosecution. 2. IMBALANCED CRIMINAL JUSTICE SYSTEM (i) Fundamental Problems. (ii) Defective Role of the Police. (iii) Defective Judicial System. (iv) Defective Prison System ECONOMIC AND THE POLITICAL FAILURE (i) Poor Victims are the Worst Sufferers. (ii) Political Corruption - A Thrust to the Criminal Justice ALTERNATE FOR THE CRIMINAL JUSTICE SYSTEM OBJECTIVES AND METHODOLOGY OF THE STUDY CONCLUSION 50

2 CHAPTER - 02 Comparative Value and Principles of Restorative Justice 1. INTRODUCTION DEVELOPMENT OF RESTORATIVE JUSTICE (i) Albert Eglash ( ) (ii) Randy E. Barnett (1977) (iii) Nils Christie (1977) (iv) Howard Zehr (1985) (v) John Braithwaite (1989) (vi) Other Contributors LATER DEVELOPMENTS DURING 90s (i) Variances in "Key Terms" of Restorative Justice (ii) Von Hirsch and Ashworth Theory of Restorative Justice LATEST CONCEPTIONS AND DEFINITIONS AGENDA OF RESTORATIVE JUSTICE IN 21 ST CENTURY PRECISE "KEY TERMS" IN RESTORATIVE JUSTICE UNITED NATIONS' VERSION OF RESTORATIVE JUSTICE PRINCIPLES OF RESTORATIVE JUSTICE PRECISE "KEY ELEMENTS" IN RESTORATIVE JUSTICE STAKEHOLDERS IN RESTORATIVE JUSTICE CONCLUSION

3 CHAPTER - 03 DIFFERENT MODELS OF RESTORATIVE JUSTICE FROM INTERNATIONAL PERSPECTIVES 1. INTRODUCTION PARTICIPANTS IN THE RESTORATIVE JUSTICE PROGRAM (i) Victim(s); (ii) Offender(s); (iii) Police; (iv) Prosecutors (v) Defence Lawyers; (vi) Judiciary; (vii) Correctional Department (viii) Community Members; (ix) Social Workers; (x) NGOs 3. RESTORATIVE PRACTICES TYPOLOGY (i) Fully Restorative Program (such as Peace Circles; Family Group Conferencing; and Community Conferencing) (ii) Mostly Restorative Program (such as Victim Support Circles; Therapeutic Communities; Victim Restitution; Victim-Offender Mediation; Positive Discipline; and Victimless conferences) (Iii) Partly Restorative Program (such as Victim Services; Youth Aid Panels; crime compensation; Related Community Service; Offender Family Services; Victim Sensitivity Training; Family Centered Social Work; and Reparative Boards) FAMILIES OF RESTORATIVE JUSTICE PROCESSES RESTORATIVE JUSTICE AND THE CRIMINAL JUSTICE SYSTEM CONCLUSION 170

4 CHAPTER - 04 RESTORATIVE JUSTICE FROM INDIA S PERSPECTIVES LAW AND JUDICIAL EXPOSITION 1. INTRODUCTION VALUES OF RESTORATIVE JUSTICE RESTORATIVE JUSTICE OR RESTORATIVE PRACTICES RESTORATIVE JUSTICE AS OPPOSED TO WHAT? DOES RESTORATIVE JUSTICE WORK? RESTORATIVE JUSTICE FROM INDIA'S PERSPECTIVE I. Panchayati Raj System in India II. Juvenile Justice System in India III. Gender justice in India IV. Alternative Dispute Resolution (ADRs) V. Custodial Crimes and Judicial Response VI. Open Prison System in India VII. Restorative Practices to Child Abuse in India VIII. Restorative Practices in Criminal justice System 7. CONCLUSION

5 CHAPTER - 05 CRITICAL ISSUES IN RESTORATIVE JUSTICE FROM INDIAN PERSPECTIVES 1. INTRODUCTION RESTORATIVE JUSTICE CRITICISM CRITICISM FROM CONCEPTUAL PERSPECTIVE CRITICISM FROM VICTIM PERSPECTIVE CRITICISM FROM OFFENDER PERSPECTIVE CRITICISM FROM COMMUNITY PERSPECTIVE CRITICISM FROM STATE CRIMINAL JUSTICE PERSPECTIVE CRITICISM FROM PROFESSIONAL PERSPECTIVE CRITICISM FROM CRIME PERSPECTIVE CRITICISM FROM CULTURE, CLASS AND GENDER PERSPECTIVE CRITICISM FROM GOVERNMENT PERSPECTIVE CRITICISM FROM "VALUE BASED" PERSPECTIVE CRITICISM FROM HUMAN RIGHTS PERSPECTIVE CONCLUSION

6 CHAPTER - 06 SUMMATIONS AND SUGGESTIONS 1. SUMMATIONS AND SUGGESTIONS

7 LIST OF CASES Laxmi Devi v. Satyanarayan 1994 SCC (Cri) Kewal Pati (Smt.) v. State of U.P (3) SCC 600. State of M.P. v. Mangilal 1995 Cri.L.J (M.P.) State of Gujrat v. Memon Md., AIR 1967 SC Nilabati Behra v. State of Orissa, AIR 1993 SC Chairman Railway Board v. Chandrima Das AIR 2000 SC 988. Basava Kom Dyamogonda Patil Smt. v. State of Mysore, AIR 1977 SC N. Nagendra Rao & Co. v. State of Andhra Pradesh, AIR 1994 SC Rattan Singh v. State of Punjab (1979) 4 SCC 719. Bhagwant Singh v. Commissioner of Police (1985) 2 SCC 537. Shivkumar v. Hukum Chand (1999) 7 SCC 467. Hari Singh v. Sukbir Singh AIR 1988 SC Delhi Domestic Working Women Forum v. Union of India (1995) 1 SCC 14. Rudal Shah v. State of Bihar (1983) 4 SCC 144.