India’s existing legal and institutional framework has several dimensions that address the psychosocial needs of children in both cases, when they are victims as well as offenders. Scope of improvisation remains in terms of implementation of the psychosocial care where Restorative Justice offers better framework. Also, Restorative Justice offers broader inclusion of stakeholders and addresses multiple needs. With help of skilled facilitators the quality of justice received by children can become better and also possibly transformative.

1. Restoring Lives of Children Coming in Contact with Crime:
Victims and Offenders
Presented at
International Conference on
“Restorative Justice and The Challenges of Twenty First Century”
22nd October, 2020
Sonal Sheth

2. Setting the Context:
"If we are to teach real peace in this world, and if we are to
carry on a real war against war, we shall have to begin with
the children.”
— M. K. Gandhi
Why look at the restoration of victim and offender both
Most offenders are also victims themselves
Deep psychosocial impact on a child coming close to crime,
can impact his/her life as an adult citizen
A Practitioner’s Perspective: Training + Public Policy Experience

3. Children asVictims and Offenders
Some Statistics:
✤ Total of 1,41,764 crimes recorded against children, Kidnapping and Abduction (44.2%) and cases under the
Protection of Children from Sexual Offences (POCSO) Act, 2012 (34.7%) including child rape
✤ Total of 38,256 juveniles were apprehended; 75.5% from the age group of 16 to 18 years; Offences affecting
human body (37.7%), of which hurt and grievous hurt were 47%, rapes 13% and assault on women to
outrage her modesty 12% (Source: NCRB, Year 2018)
Beyond Statistics:
✤ Large extent of non-reporting and non-recording of crime in India
✤ 21st Century issues: social media trolling, misuse of video technology, molestation, eve teasing, information
overload, etc.

4. Psychosocial Care in Existing Framework
✤ Protection of Children from Sexual Offences (POCSO) Act, 2012:
Special Court is to complete the trial within a period of one year, as far as possible
Disclosing the name of the child in the media is a punishable offence
The law provides for relief and rehabilitation of the child, as soon as the complaint is made
to the Special Juvenile Police Unit (SJPU) or to the local police. Immediate and adequate
care and protection like admitting the child into a shelter home or to the nearest hospital
The Child Welfare Committee (CWC) is also required to be notified within 24 hours of
recording the complaint

5. Psychosocial Care in Existing Framework (contd.)
✤ Juvenile Justice (Care and Protection of Children) Act 2015:
CWCs have the authority to dispose of cases for the care, protection, treatment, development and
rehabilitation of children in need of care and protection, as well as to provide for their basic needs
and protection
A child who has been apprehended for having committed an offence is to be placed under a child
welfare police officer and then produced before the Juvenile Justice Boards (JJBs), the Board decides
whether the child can be sent home, should undergo counselling or be sent to a special home
Role of family in controlling juvenile delinquency is recognised. Act lists the Principle of
repatriation and restoration “every child in the juvenile justice system shall have the right to be re-
united with his family….”

6. What is missing in the existing framework?
✤ Ground level implementation gaps: Poor condition of children’s homes, large
no. of pending cases, funding gaps in schemes impact quality of administration
✤ Emotional strain to the child due to multiple reiterations of the instance of
abuse; experts recommend one stop availability of the police, legal, medical
and psychological counselling
✤ Nature of juvenile delinquency in India: children in conflict with law mostly
come from underprivileged backgrounds; most of the sexual abuse with
women and children occurs within the victim’s family or community

7. Building a Case for Restorative Justice:
✤ Restorative Justice (RJ) philosophy: crime causes harm to people, relationships, and the community,
thus a just response must address those harms as well as the wrongdoing
✤ In case of children as victims, the psychosocial care under RJ involves getting in touch with needs
and feelings, expressing and listening which is more simpler for children, the care being empathetic
and effective for healing
✤ Better structure for the offender to understand results of his/her actions along with understanding
victim’s situation and taking responsibility. It also offers opportunity for restoration of the offender
✤ International evidence: studies show that applying RJ in the USA and Canada suggests higher
satisfaction among victims and offenders; Real examples show how dialoguing process creates
transformative healing

8. Implementing Restorative Justice in India
✤ Legal Justice and Restorative Justice need to go together: both should be integrated, RJ needs to
be seen as a complementary process that improves the quality of justice as a whole
✤ Participation of all stakeholders: to build a strong RJ model that goes with India’s legal,
administrative framework and suits the social needs, stakeholders at all levels including front
end facilitators like Police, CWC, JJB need to come together to integrate it
✤ Bringing institutions like schools to practise RJ from a preventive perspective; address issues
like bullying, harassment, cyber crime etc.
✤ Along with RJ, adding approaches like Nonviolent Communication, Sociocracy that work very
effectively with conflict resolution and collaborative decision making to create a holistic
solution oriented process

9. Summing Up:
✤ Several child friendly measures already in place in India’s legal framework dealing
Juvenile Justice and Children in need of care and Protection
✤ Many of these measures face issues of ground level implementation gaps and there is
need for better psychosocial care
✤ Restorative Justice offers a better framework addressing the harm faced by all parties-
victim, offender and community along with the quality of justice that is transformative
✤ With stakeholder participation, RJ can be integrated with the legal framework in India
given the nature of existing architecture

10. Thank You
Sonal Sheth
visit: https://samvadculture.org - email: info@samvadculturestudio.org - call: +919004021393
Trainings, Facilitations and Coaching
Compassionate Communication, Conflict Resolution, Empathetic Response
Leaving with a Thought:
If we are to integrate Restorative Justice, we must do it using its very own
methods. True integration can happen only when we take into account
‘Needs’ of all the stakeholders involved in the process of justice