Restorative justice and environmental injustice: exploring green victimology in the indian context

• Pages: 235-243
• Author: Vipin Vijay Nair

RESTORATIVE JUSTICE AND ENVIRONMENTAL INJUSTICE:

EXPLORING GREEN VICTIMOLOGY IN THE INDIAN

CONTEXT

Vipin Vijay Nair1

1. INTRODUCTION

The concept of restorative justice is gradually emerging in the Indian Criminal

Justice system as an attempt at least to reduce the domination of conventional

criminal justice model and supplementing crime with an attempt to restore the

harm done to the victim and society. This approach that aims at correcting the loss

promoted by criminal activities is most appropriate in the area of environmental

crimes and injustice. There has been air pollution, water problem, and problems

of environmental injustice where vulnerable groups of the society have been

affected most, in India. Such problems arise from conditions of social and power

wrongs, giving rise to what is referred to as environmental racism. It can be

strongly said that the concept of restorative justice will work well in ghting

environmental crimes in India. This approach highlights that any harm incurred

on the individual and the society needs a response, and all stakeholders should be

included in the process of making amends.

According to Bartuska and Westphal (2007), considering that any process

that degrades natural system impacts human well-being, responses of ecological

justice contribute to the larger biotic ecosystem. Restorative justice frameworks

can also enhance fairer and sustainable approaches to the management of other

environmental problems by providing due consideration to the victims, offenders

and the broader community. Promoting the use of Indigenous wisdom and ways

also ts perfectly into the equation in restorative solutions to environmental

injustice. As Robyn contends (2002), exclusion of traditional knowledge in

environmental policy is harmful in intself and that harm extends to other

1 Associate Professor, Jindal Institute of Behavioural Sciences, O.P Jindal Global University,

India.