Reimagining Justice for Women Survivors of Gendered Violence: The Restorative Justice Paradigm

Restorative Justice' emerged as a possible alternative within the criminal justice system in the seventies.However, it is to be noted that it is not entirely a novel concept, as restorative justice processes were historically prevalent among various indigenous communities, notably the Māori tribal clan of Australia.This approach can be explained as an intermediate path between the retributive and rehabilitative theories; both of which primarily focus on the offender and their integration into the system.In contrast, restorative justice emphasises addressing the needs of the victims rather than concentrating solely on the offender.Further, 'Gender-based violence'; particularly against women, predominantly involves sexual offenses.These offenses have frequently sparked significant debate among legal scholars and feminists regarding the inadequacies of the current criminal justice system.Although not a fool proof solution, restorative processes offer solace in cases where victims feel neglected and where the procedural complexities of the legal system further victimise them.To ensure that restorative justice functions effectively, it needs to be integrated into the system with sufficient procedural frameworks to avoid disorder and misunderstandings due to the absence of established procedures.