Law Centre-II

UNIVERSITY OF DELHI
संवाद
LAW CENTRE-II - THIRD LECTURE SERIES,2019

Restorative Justice
PANEL DISCUSSION ON

Date & Time: Monday, 16 September, 2019, 1 PM

Venue: Umang Bhawan, Faculty of Law, University of Delhi
ESTEEMED PANELISTS
Mr. Robert van Pagée
Director of the Dutch NGO Op Kleine Schaal

Professor Ved Kumari

Professor, Faculty of Law and Former Chairperson Delhi Judicial Academy

Mr. Pupul Dutta Prasad

IPS Officer & Resarch Scholar LSE, London

Moderator: Ms. Vasundhra Om Prem

Managing Director of Centre of Excellence in Alternative Care of
Children

Patron-in-Chief Program Director

Prof. V.K. Ahuja Dr. Vageshwari Deswal
Professor-In Charge Associate Professor

Registration to the event is free of cost. All the participants will be given certificates.
The Concept of
Restorative Justice
IF INJUSTICE HURTS, JUSTICE SHOULD HEAL!

The conventional methods of achieving justice are flawed in many aspects. These methods are based on the
assumption that incarceration is a direct way of providing justice to the victim and that imprisonment is going to
prevent and deter further crime. This model is limiting because while a solution to the problem has been found, it
may not be the desired solution and the root cause of the problem still remains unaddressed.  Restorative Justice
aims to create a level playing field where in all key stakeholders impacted by the crime come together to define
their version of justice.

Restorative Justice is able to overcome certain flaws within the conventional justice systems. Firstly, it is able to
establish a platform for dialogue between the victim, perpetrator and the whole community at large. This allows for
the victim to be an active and direct participant in the process. The conventional systems leave the victims without
justice. More often than not victims seek answers and yearn for an apology which is lost out in an adversarial system
where in the offender is always defensive and the victim is left with many unanswered questions. Secondly, it leaves
scope for an equal dialogue that reduces the propensity of domination of a single narrative. Offenders and victims
are pitted against each other, whereas many a times they hail from similar backgrounds. Creating dialogue allows
for the community to assess what went wrong and where, aiding them to discover the root cause of the issues. Also,
in the adversarial system there is a domination of one narrative over the other ultimately leading to its ‘victory’. The
true victory in restorative justice is reaching a fairer and just society that has healed from
the wrongdoings of one of its members. Lastly, it directly attacks the idea of incarceration. Incarceration is a veil
that prevents the offender from facing the reality. It also makes the offender less accountable for his/her actions as
they have never confronted and evaluated their misconduct. Restorative practices allow for the offender to feel
shame, guilt and remorse. It also provides for an opportunity of apologizing and repairing tears in the community.

One of the largest restorative projects was undertaken by the truth and reconciliation commission in South Africa.
The result of which was a society that could live in peace and harmony, which was previously torn by the atrocities
one community inflicted on others. In an era fraught with turmoil, restorative justice is increasingly being accepted
as the saving grace. Restorative justice is garnering popular momentum and being accepted worldwide. For
instance, during the Tenth UN congress on Prevention of Crime and Treatment of Offenders, the Vienna Declaration
on Crime and Justice advocated the development of restorative justice policies, procedures and programmes that are
respectful of the rights, needs and interests of victims, offenders, communities and all of the parties.

Thus, it is evident that restorative justice is a therapeutic form of justice that is more emotionally intelligent and
inclusive than conventional forms of justice. It humanizes criminal justice procedures and provides an alternative
tool to address the matter. It ultimately leads to repairing a broken society.

Samvad 2019 01
About the Panelists
Mr. Robert van Pagée

Mr. Robert van Pagée is the Director of the Dutch NGO Op Kleine Schaal, which workd
on disseminating the Foster PRIDE child welfare model throughout Europe. At Eigen
Kracht Centrale, he promoted Family Group Conferences (FGC), which enable citizens to
employ their own strengths and resources to solve their own issues.

He has been a Publisher at MOBIEL Journal for fostercare, which is an independent

magazine for foster care work and appears six times a year. He was the Board member
of Restorative Justice Netherlands which seeks to promote communication and a
participating society. He was a Trustee at the International Institute of Restorative
Practices.

Samvad 2019 02
About the Panelists
Professor Ved Kumari

P r o f e s s o r V e d K u m a r i w a s t h e D e a n , F a c u l ty o f L a w , U n i ver s i t y o f Del h i
f r o m 2 0 1 6 - 2 0 1 9 . S h e h a s a l s o s e r v e d a te r m a s th e C h a ir p er s o n o f t h e Del h i
J u d i c i a l A c a d e m y a n d a s t h e P r o fe s s o r - I n c h a r g e a t L a w C en t r e- I , F a cu l t y
o f L a w , U n i v e r s i t y o f D e l h i . S h e h a s b e e n i n th e te a c h i n g p r o fes s i o n fo r
o v e r 3 5 y e a r s . S h e c o m p l e t e d h e r L L .M . a n d P h .D . fr o m Del h i Un i ver s i t y . S h e
w a s a F u l l b r i g h t F e l l o w a t V a n d e r b i l t U n i v e r s i ty , U S A . S h e w a s a l s o a
C o m m o n w e a l t h F e l l o w i n W a r w i c k U n i v e r s i ty i n U K w h er e s h e d i d p o s t -
d o c t o r a l r e s e a r c h o n J u v e n il e J u s ti c e i n th e U K .

P r o f . V e d h a s r e c e i v e d s e v e r a l g r a n ts a n d u n d e r ta k e n v a r i o u s n a t i o n a l l evel
i n i t i a t i v e s . S h e h a s a u t h o r e d a n d e d i te d 8 b o o k s a n d j o u r n a l s i n cl u d i n g a
b o o k o n J u v e n i l e J u s t i c e s y s te m s i n I n d i a : F r o m w e l fa r e t o R i g h t s . S h e i s
t h e F o u n d i n g M e m b e r o f t h e A s i a n C r i m i n o l o g y S o c i e ty a n d a l i fe m em b er
o f t h e I n d i a n L a w I n s t i t u t e , I n d i a n S o c i e ty o f C r i m i n o l o g y , I n d i a n S o ci et y o f
V i c t i m o l o g y a n d I n d i a n A s s o c i a ti o n o f W o m e n ’ s S tu d i es .

Samvad 2019 03
About the Panelists
Mr. Pupul Dutta Prasad

Mr. Pupul Dutta Prasad holds two Masters degrees: an MSc in Human Rights from the
LSE and an MA in International Relations from Jawaharlal Nehru University, New Delhi.
He also holds an LL.B. degree from the University of Delhi. 

Mr. Pupul has over 15 years of experience of working as a police officer including over a
year as an United Nations Police (UNPOL) officer in the United Nations Peacekeeping
Force in Cyprus (UNFICYP) headquarters in Nicosia, Cyprus. He is a recipient of Police
(Special Duty) Medal and the United Nations Medal.

Mr. Pupul is on sabbatical leave from the Indian Police Service (IPS) for pursuing his
Ph.D. at the London School of Economics and Political Science, London, UK. His
research is on the prospects of restorative justice in the Indian juvenile justice system.
He is a recipient of Commonwealth Scholarship. He is currently in India to conduct
fieldwork for his Ph.D.

Samvad 2019 04
About the Moderator
Ms. Vasundhra Om Prem

Vasundhra Om Prem is an Advocate by profession in India, with a career spanning for

more than 15 years. She completed her post-graduation in Law with a specialization in
Criminal Law. Her area of work primarily focused on issues dealing with care, protection
and rehabilitation of minors, specifically those who were victims of sexual abuse.
During her vast career, she has worked with Employees State Insurance Corporation,
Prayas, a well-known and reputed NGO and Tata Consultancy Services, one of the top IT
companies operating in 46 countries.

She is pursuing Ph.D. (Law) from Northcap University India on “Institution care, a
violation of child rights -An Indian Perspective”. A former Member of Child Welfare
Committee, she is curently working as the Managing Director of Centre of Excellence in
Alternative Care of Children. It is one of the leading organizations to implement and
strengthen the child care policies in India. Their goal is to bring changes in the minds
of people who care and protect for children in India through their expert efforts.

Samvad 2019 05
Professor V. K. Ahuja
Professor-In-charge, Law Centre-II

P r o f e s s o r V . K . A h u j a i s P r o fe s s o r I n - c h a r g e o f L a w C e n tr e- I I , Un i ver s i t y o f
D e l h i . H e h o l d s P h . D . a n d L L .M . D e g r e e s fr o m U n i v e r s i ty o f Del h i a n d M.P h i l .
D e g r e e f r o m J a w a h a r l a l N e h r u U n i v e r s i ty (J N U ) , N e w Del h i . H e d i d a
C e r t i f i c a t e C o u r s e i n L a w T e a c h i n g a n d L e g a l R e s e a r c h S k i l l s fr o m C a r d i ff
L a w S c h o o l , C a r d i f f U n i v e r s ity , U . K . i n 2 0 0 4 . H e h a s 2 5 y ea r s o f t ea ch i n g a n d
r e s e a r c h e x p e r i e n c e a t P o s t G r a d u a te a n d M a s te r s L e v el .

P r o f e s s o r A h u j a w a s a w a r d e d F i r s t P r i z e i n th e F i fth S o u t h A s i a n T ea ch i n g
S e s s i o n o n I n t e r n a t i o n a l H u m a n i ta r i a n L a w a n d R e fu g ee L a w o r g a n i zed
j o i n t l y b y t h e I n t e r n a t i o n a l C o m m i tte e o f th e R e d C r o s s , Un i t ed N a t i o n s
H i g h C o m m i s s i o n e r f o r R e f u g e e s a n d N a ti o n a l L a w S c h o o l o f I n d i a
U n i v e r s i t y , B a n g a l o r e , a t B a n g a l o r e fr o m M a y 1 4 - 2 7 , 2 0 0 3 .

P r o f e s s o r A h u j a p u b l i s h e d 6 b o o k s o n I n te l l e c tu a l P r o p er t y R i g h t s a n d
I n t e r n a t i o n a l L a w a n d e d i t e d 5 b o o k s i n c l u d i n g a F e s tsch r i ft o n P r o fes s o r
U p e n d r a B a x i . H e h a s w r i t t e n 4 7 a r ti c l e s i n l e a d i n g I n te r n a t i o n a l a n d
N a t i o n a l J o u r n a l s . H e h a s a l s o w o r k e d a s th e E d i to r o f D el h i L a w R evi ew a n d
National Capital Law Journal.

P r o f e s s o r A h u j a h a s p r e s e n te d p a p e r s a t v a r i o u s N a ti o n a l a n d I n t er n a t i o n a l
C o n f e r e n c e s a n d S e m i n a r s . H e a l s o d e l i v e r e d s p e c i a l l e ct u r es a t Del h i
J u d i c i a l A c a d e m y , J h a r k h a n d J u d i c i a l A c a d e m y , R a n c h i , UG C R efr es h er
C o u r s e s a n d a t v a r i o u s U n i v e r s i ti e s a n d I n s ti tu ti o n s

Samvad 2019 06
Dr. Vageshwari Deswal
Associate Professor, Law Centre-II

Dr. Vageshwari Deswal is a university topper and double gold medallist from MD University,
Rohtak. A recipient of the University Merit Scholarship and prestigious National Merit
Scholarship, she has over 18 years of teaching experience, in the field of Family Law, Criminal
Law, Jurisprudence and Gender Justice.

Dr. Deswal has authored a book on Principles of Criminal Liability and drafted a report on
Acid Violence against Women published by the National Commission of Women in the year
2014. She has worked on various research and consultancy projects with NCW, NHRC, Delhi
University and ICSSR.

With publication of more than 40 articles in several renowned journals to her credit, she also
regularly writes articles for leading newspapers. Her blog titled “Legally Speaking” is very
popular among readers of Times of India e-Newspaper. She is frequently invited as resource
person by various Universities, Institutes of Public Administration and State Judicial
Academies in addition to her regular association with various NGO’s and charitable
organisations.

Samvad 2019 07
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