Restorative Justice and Environmental Compensation: A Critical Evaluation of Law and Policy

Abstract

Addressing environmental challenges using the avenue of criminal law through retributive justice, has not been able to address the current ecological urgency for Nature restoration. Restorative justice as an alternative way of addressing environmental crises could prove to be more efficient. The quasi-decriminalization of several key environmental statutes through the Jan Vishwas (Amendment of Provisions) Act, 2023, signifies a departure from the carceral system. Parallel to this development, nature restoration is being solidified through the adoption of the term in many international legal instruments as well as in national laws of other jurisdictions. This paper explores the interplay between restorative justice and restoration with the penalty and compensatory regime established by the Jan Vishwas Act, 2023 and the decisions of the National Green Tribunal. Several obstacles exist in the form of definitional uncertainty, lack of proper methodology for calculating environmental compensation for establishing a restorative justice system aided along with compensation. The lessons from Compensatory Afforestation Fund Management and Planning Authority also beg the question of whether restoration can solely be achieved through environmental compensation.