TITLE:

Restorative justice: A transformative approach and practice in the juvenile

justice.

By
OJASWI ADHIKARI

Supervisor:
Dr. SHIVA PAUDEL

Kathmandu University School of Law

Oct 27, 2024
 1. INTRODUCTION
1.1Backgroung of the study

Restorative Justice(RJ) is an approach that is focused on healing the harm and conflict
caused by crime and wrongdoing to people, relationships, and communities rather than
punishing the offenders by bringing together the victim, offender and other affected
parties in a structured dialogue. The dialogue focuses on repairing the harm caused by
the crime and restoring relationships between the offender and the community.
Offenders are encouraged to take responsibility for their actions, make amends for harm
done and develop a plan for moving forward in a positive direction. Unlike the traditional
retributive justice system, which centers on punitive sanctioning of the offenders, RJ
aims to address the root cause of conflict, encourage offender to reconnect with
community and foster community involvement in justice process. Restorative justice is
based on three core fundamental and interconnected concept of encounter, repair and
transformation. Encounter leads to repair, and repair leads to transformation.
Juveniles, due to their developmental stage are more prone to impulsive actions and
may struggle with decision-making, risk assessment, and understanding long-term
consequences, but this does not excuse criminal behavior and suggests that juvenile
crimes should not be viewed solely as violations of the law, recognizing the
developmental factors influencing youth behavior. Young people or adolescents are
likely to make mistakes and break the law in their crucial developing age but they
should not be tagged as criminals/ offenders. Also the behaviors of delinquent children
maybe the results of the unfulfilled or lacking elements of their lives, which can be either
individual or situational. Despite of the fact that they have broken the law they are not
offenders rather they are known as juvenile delinquents, children in conflict with law or
youths in conflict with law. In restorative justice approach, crime is understood not only
as breaking the law, but as a violation of people and relationships and a disruption of
the peace in the community. Restorative justice (RJ) programs and practices have
gained increased popularity as an alternative to more traditional criminal and juvenile
justice responses. Restorative Justice focuses on fixing the damage caused by criminal
actions. For juveniles, these programs bring together the person who committed the
crime(justice-involved youth), the victim, and the community members. This is done in a
way that encourages the youths in conflict with the law to take responsibility and helps
meet the needs of the victim and the community. Restorative justice promotes
rehabilitation by encouraging offenders to recognize their wrongdoings and take
responsibility for it. By involving the victim, the offender, and the community, it helps
juvenile delinquents understand the consequences of their actions and reconnect and
rebuild with the community, which can reduce their chances of committing another
crime. Juveniles can reintegrate into society through the restorative justice system,
which is an alternative to the traditional juvenile justice system. The rights of children
are recognized as fundamental rights in the Constitution of Nepal. Every child must be
entitled to child-friendly justice. Restorative justice spaces have been developed as a
result of the inclusion of provisions in both the Criminal Offenses (Sentencing and
Execution) Act, 2017 (2074) and the Act Relating to Children, 2075 (2018) states that
the juvenile justice system must be administered in accordance with the restorative
justice principle.
Despite the fact that restorative justice (RJ) have demonstrated many successful results
in juvenile justice systems around the world, numerous barriers and difficulties in its
implementation frequently limit its efficacy. RJ may not be appropriate for all crimes,
according to critics, especially more serious ones like murder and sexual offenses
where there is severe injury
Furthermore, the successful application of RJ requires trained facilitators and a
commitment from all parties involved, which can be difficult to achieve in practice. In
many countries, including Nepal, due to lack of awareness and understanding of RJ
principles, it leads to inappropriate practice. .Additionally, issues such as inadequate
funding, insufficient infrastructure, and a lack of incorporation with the existing legal
system hinder the implementation of RJ programs. In Nepal, the juvenile justice system
is still largely punitive, with traditional views on punishment overshadowing restorative
approaches. By holding back on fully adopting RJ may continue cycles of injustice and
preventing measures that address the core issues of juvenile crime. Thus, while RJ
shows transformative promise, significant barriers must be addressed for it to reach its
full impact in juvenile justice. This research aims to explore how RJ can transform
juvenile justice systems, assess its effectiveness, and address the challenges faced in
implementing RJ in juvenile justice—particularly within the Nepalese context.

1.2 Statement of problem

In Nepal, although several laws and child protection acts recognize juvenile rights, these
laws often exist only in laws rather than implementation in everyday practice. Our
country has committed to upholding the rights of children, including a rehabilitative
approach within the juvenile justice system. However, in reality, these juvenile rights are
frequently inadequately enforced, juvenile rights. This disconnect presents a significant
challenge for introducing restorative justice (RJ) as a new approach within Nepal’s
justice system.
Implementing RJ faces several obstacles, including a lack of awareness about RJ
principles among judicial authorities, law enforcement, and the community, as well as
insufficient resources and inadequate infrastructure. In many parts of Nepal, a large
number of juvenile children in child correction centers are deprived of their basic rights,
in such a scenario adopting the RJ approach will be a great challenge, as implementing
it requires not only systematic change but also shifts in societal attitudes toward juvenile
rehabilitation.

1.3 Research Problem

I. What are the challenges faced while implementing restorative justice in Nepal?
II. To what extent can restorative justice be applicable within Nepal's juvenile justice
system ?
III. What perspectives and attitudes do judicial authorities, child in conflict with law, and
the community hold toward restorative justice as an alternative to retributive
approaches?
IV. What strategies can be implemented to increase the implementation of RJ approach
in Nepal’s juvenile justice system?
1.4 Research Objectives

I. To analyze the extent of restorative justice's applicability within the Nepalese justice
system despite existing challenges.
II. To know the key problems hindering the implementation of restorative justice
approaches in the juvenile justice system of Nepal.
III. To evaluate the potential transformative impact of restorative justice and
reintegration of juveniles into society.

1.5 Limitations of the study

Several limitations may impact the findings and generability of a study on research
restorative justice as a transformative approach in the juvenile justice system. Some of
the potential limitations are:

I. Sample Size: The study may have a small sample size which can limit the ability to
generalize the findings to the large population involved in juvenile justice across
Nepal.
II. Sampling bias: The study may have a biased sample of participants(legal
authorities, youth in conflict with law) that may not be representative of the larger
population. For instance, the sample may include individuals from specific legal
institutions.
III. Self-reporting bias: The study may rely on self-reported data, which can be subject
to bias and inaccuracies as the participants may not fully disclose the information.
IV. Generalizability: The study may be limited to only the context of Nepal and may not
be generalizable to other countries. Cultural, social, and economic factors may differ
in other areas and may impact legal frameworks regarding juvenile justice.
V. Time-bound: The study may be conducted during a particular period, potentially
failing to account for ongoing reforms in the legal landscape concerning the
restorative justice system.

2. REVIEW OF LITERATURE

Restorative justice (RJ) a transformative approach to justice, emphasizing healing over

punishment. The foundational text, The Little Book of Restorative Justice by Howard
Zehr (2002), provides an overview of restorative principles and practices, presenting RJ
as a viable alternative to traditional punitive systems. Zehr argues that RJ focuses on
repairing harm, fostering accountability, and involving all stakeholders in the justice
process, making it particularly relevant for juvenile justice systems where rehabilitation
is paramount.

Research has shown that victims of crime often experience greater satisfaction and
closure through restorative processes compared to traditional punitive measures.
According to Shapland et al. (2008), victims frequently appreciate the opportunity to
voice their experiences and engage directly with offenders, contributing to their healing
process. This engagement can foster empathy and understanding, which are essential
for creating safer communities.

In the context of Nepal, the Restorative Justice Forum has been pivotal in promoting RJ
principles. The forum’s reports highlight the need for integrating restorative practices
into Nepal's legal framework, especially for juveniles. Their publication, Restorative
Justice in Nepal: Opportunities and Challenges (2020), outlines current practices and
proposes recommendations for implementing RJ as a mainstream approach within the
juvenile justice system.

A study by Upreti (2018), The Effectiveness of Restorative Justice Practices in Nepal,

examines various case studies where RJ has been applied, showcasing its potential to
reduce recidivism and promote social reintegration for juvenile offenders. Upreti
emphasizes that, despite cultural and institutional challenges, RJ can lead to positive
outcomes when adapted to local contexts.

Despite the promising benefits of RJ, several challenges hinder its effective
implementation. A report by the Child Rights International Network (CRIN) (2020)
highlights issues such as lack of trained facilitators, insufficient community involvement,
and resistance from traditional justice stakeholders as barriers to the successful
integration of RJ in Nepal.

A study by Bhattarai and Bhandari (2021) in the Journal of Social Sciences and
Humanities analyzes the challenges and opportunities of implementing RJ in Nepal’s
juvenile justice system. The authors argue that cultural perceptions of justice, limited
awareness of RJ, and systemic barriers present significant challenges to its broader
adoption

United Nations Development Programme (UNDP) (2019): Restorative Justice and its
Role in Nepal’s Juvenile Justice System. This report discusses the implementation of
restorative justice in Nepal, exploring its effectiveness and challenges within the juvenile
justice framework. It provides recommendations for enhancing RJ practices in the
country.

Child Rights International Network (CRIN) (2020): A Study on the Situation of Juvenile
Justice in Nepal. This report includes a section on restorative justice, examining its
integration into Nepal's juvenile justice practices and its impact on children's rights.

2.1 Summary of Literature Review

A literature review is an examination of scholarly sources on a particular subject. It gives

you a broad perspective of current knowledge, helping you to spot pertinent ideas,
methodologies. and research gaps.

Research from the different countries have done research regarding the effectiveness
and potential of Restorative Justice in Juvenile Justice System. RJ focuses on repairing
harm and fostering accountability by involving offenders, victims, and the community
together in a structured dialogue. Studies indicate that RJ helps in reducing recidivism
rates, enhancing victim satisfaction, and promoting the reintegration of young offenders.
Key works, such as Howard Zehr’s The Little Book of Restorative Justice, have set
foundational principles that emphasize healing over punishment.

RJ have gained popularity in recent days as an alternative to criminal justice and

juvenile responses. Reports from Nepal says that RJ practices are beginning to gain
recognition, particularly within juvenile justice frameworks. Despite positive
developments, challenges like limited awareness, cultural attitudes towards justice, and
infrastructure hinders RJ’s reach and impact. International comparisons, especially with
models like New Zealand’s, highlight areas for improvement in Nepal’s juvenile justice
system, including the need for specialized training and policy support.

This study aims to bridge gaps in the literature by exploring the effectiveness,
challenges, and transformative potential of RJ in Nepal’s juvenile justice system.
Through analyzing RJ practices, both locally and internationally, this research seeks to
contribute to understanding how RJ can address the needs of juvenile offenders while
promoting justice and community healing in Nepal.

3. METHODOLOGY

The study will use a mixed methods approach to know the applicability and challenges
of restorative justice in Nepal’s Juvenile justice system. Primary data will be collected
through interviews with officers of child correction center of two districts , also gather the
perspective of law professors , lawyer and those who work in the field of RJ. Also this
study is primarily based on a secondary data analysis which includes articles, book,
reports and research studies in the area of Restorative Justice and its applications in
juvenile justice. By examining a wide range of scholarly and practical literature,
including international RJ practices, studies and reports of Nepal on effectiveness and
challenges of RJ, the research aims to provide a comprehensive understanding of RJ’s
potential as a transformative approach .

This study is designed with a time-efficient plan to ensure data collection and analysis
are completed within a set timeframe, without delay.

4. CONCLUSION

This study is important because it will provide insights into the current state of RJ
practice in Nepal particularly in Juvenile Justice System . This study will help to know
the importance of RJ approach for the wellbeing of the children conflicted with law
giving them strength to reintegration in the society.
 5. REFERENCES

 Youth and juvenile justice in Nepal - by Nepal forum for restorative justice
Youth & Juvenile Justice in Nepal - Nepal Forum for Restorative Justice
 Act Relating to Children, 2075 (2018)
 Restorative justice programs and practices in juvenile justice: An updated
systematic review and meta-analysis for effectiveness Restorative justice

meta‐analysis for effectiveness - Kimbrell - 2023 - Criminology & Public Policy -

programs and practices in juvenile justice: An updated systematic review and

Wiley Online Library

 Juvenile justice in Nepal: Legal challenges and solutions Juvenile justice in

Nepal: Legal challenges and solutions

 Restorative Justice for Juveniles Literature Review: Restorative Justice for

Juveniles | Office of Juvenile Justice and Delinquency Prevention