Year: 2025
Type: article
Abstract: This research paper investigates the role of mediation within restorative justice frameworks for juvenile offenders, with a special focus on its scope and application in India. Restorative justice (RJ) emphasizes repairing harm, fostering accountability, and promoting reconciliation through active participation of victims, offenders, and communities. Mediation serves as a key mechanism in RJ by facilitating structured dialogues aimed at emotional healing, restitution, and social reintegration. Globally, mediation has shown promising results in reducing recidivism rates and improving satisfaction among victims and offenders. However, challenges such as inconsistent implementation and cultural resistance persist. The paper explores theoretical foundations, global practices, and legislative frameworks supporting mediation in juvenile justice systems. It highlights successful case studies from countries like Albania and the United States while comparing them to India’s evolving juvenile justice landscape. In India, the Juvenile Justice (Care and Protection of Children) Act, 2015 marks a significant shift toward restorative justice principles. Despite this progress, challenges such as overcrowded juvenile homes, lack of trained mediators, and limited awareness hinder effective implementation. Empirical evidence suggests that mediation can address gaps in India’s punitive juvenile justice system by offering alternatives focused on rehabilitation and reintegration. The study evaluates quantitative impacts like recidivism reduction and qualitative outcomes such as victim satisfaction. It also identifies barriers unique to India’s socio-legal context while proposing recommendations to strengthen legal frameworks, enhance mediator training, and promote awareness of RJ practices. Ultimately, this research underscores the transformative potential of mediation in creating humane and equitable juvenile justice systems globally and in India. By integrating RJ principles into India’s legal framework and addressing systemic challenges, mediation can serve as a powerful tool for juvenile offender rehabilitation while respecting the rights of victims.
Authors: Pooja Vohra, Kritika Ahuja
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4409893737