CJP213 | Justice Beyond Punishment: An Introduction to Restorative Justice

Course Description

Existing legal systems, more often than not, fall short of providing effective recourse to victims of wrongdoing, including those impacted by sexual harm and oppressive acts of identity-based discrimination/exclusion. Within the legal system in India (and elsewhere), victims are not provided space to be heard, validated, or for their needs to be met. Those who have done wrong are either  allowed to escape all accountability measures or incarcerated for long periods/shamed extensively, without there being a focus on preventing the harm from reoccurring.

The #MeToo movement was a prominent example of how many survivors cannot seek recourse in legal systems. Those experiencing identity-based oppression and violence also do not have spaces to be heard and supported. Those who have caused harm often remain unaccountable for their actions and are not provided support to undo the damage done or to comprehend the impact of their actions.

Restorative justice is an alternative paradigm that creates spaces for repairing the harm caused and ensuring that similar acts are not repeated. By inviting the victim, the wrongdoer, and any other individuals who may have been impacted, the process creates space for dialogue around what happened, how the harm can be repaired, and how all parties can collectively prevent the harm from reoccurring.