RESTORATIVE JUSTICE TO ADDRESS HARM AGAINST ANIMALS
Keywords:
Restorative Justice, Animals, Rehabilitation, Traditional Carceral systemAbstract
The current approach to animal cruelty in India primarily relies on punitive measures and prosecution under existing laws, including the Prevention of Cruelty to Animals Act, 1960, the Bharatiya Nyaya Sanhita Act, 2023, and the Wildlife Protection Act, 1972. However, these laws often fail to address the root causes of animal cruelty or provide meaningful justice to animal victims. The current legal framework treats animals as property rather than recognizing them as sentient beings. As a result, animals suffer on daily basis. While we are trying to urge the government to strengthen the laws but whether nationally or internationally their status depends on individual’s personal perceptions and it is shaped by their value systems. Restorative justice offers a framework to cultivate these values by fostering empathy, accountability, and behavioural change.
This paper explores the potential of restorative justice as an alternative to the traditional carceral system, emphasizing accountability, victim recognition, rehabilitation, and healing. It assesses how restorative justice models can address animal cruelty cases by promoting empathy, societal awareness, and peaceful coexistence between humans and animals. This study adopts a qualitative research approach, incorporating review of existing literature, legal analysis, comparative analysis and ethical and philosophical enquiry. The paper compares traditional punitive approaches with various restorative justice models, such as victim-offender dialogues, talking circles, and community restorative boards, are examined to assess their applicability in animal cruelty cases.
The study finds that restorative justice can bridge gaps in the legal system by fostering empathy and behavioral transformation in offenders while acknowledging animal sentience. It identifies challenges such as legal recognition, enforcement mechanisms, and societal acceptance and suggests policy recommendations for integrating restorative justice within India’s legal framework. Ultimately, this paper advocates for addressing animal cruelty by shifting towards restorative justice models that blends rehabilitation, education and community engagement alongside traditional legal approach to strengthen animal rights law in India and build a more compassionate and just society for animals.
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