Therapeutic justice: role in family court cases in Pakistan.

Family disputes in Pakistan, such as divorce, child custody and inheritance issues, can be emotionally charged and have long-lasting effects on the parties involved. In such cases, traditional legal proceedings can exacerbate conflict and division. However, therapeutic justice provides an alternative approach that prioritises the emotional and psychological well-being of all parties involved. Therapeutic justice in family cases involves a shift from adversarial proceedings to a collaborative and supportive approach. It aims to resolve disputes in a way that promotes healing, reconciliation and positive relationships, rather than simply enforcing legal rules. Family courts in Pakistan have been at the forefront of implementing therapeutic justice principles.

Therapeutic justice is an approach to the justice system that emphasises the healing and rehabilitation of offenders, as well as the needs of victims and the community. This approach is based on the idea that the traditional punitive approach to justice, which focuses on punishment and retribution, is not always effective in reducing recidivism or promoting public safety. The genesis of therapeutic justice can be traced back to the early 20th century, when some progressive thinkers began to question the effectiveness of traditional punishment-based approaches to justice. One of the early pioneers of therapeutic justice was John Augustus, a Boston shoemaker who in 1841 began to advocate for probation as an alternative to incarceration. Augustus believed that some offenders could be rehabilitated if given the opportunity to receive counseling and support, rather than being punished. In the 1960s and 1970s, therapeutic justice began to gain more widespread acceptance as a response to rising crime rates and growing concerns about the punitive approach to justice. During this time, several innovative programmes were developed that incorporated therapeutic elements into the justice system, such as drug treatment courts, mental health courts and community courts.

Today, therapeutic justice is increasingly seen as a more effective and humane approach to justice, particularly for nonviolent offenders and those with underlying mental health or substance abuse issues. The goal of therapeutic justice is to promote healing and growth for all parties involved, rather than simply punishing offenders for their actions. This approach recognises that offenders are often the products of complex social and...