JUSTICE TO VICTIMS OF CRIME IN INDIA.pptx

JUSTICE TO VICTIMSOF CRIME IN INDIA: AN ANALYTICAL STUDY PRESENTED BY RAMAKANT INTRODUCTION   It is now standard practice to observe that the victim has log been forgotten party in criminal justice. Occasionally victims would appear on the scene as complainant and applicant for compensation, or as complainants and applicants for compensation ,or as witnesses but thereafter they were often largely neglected. This situation has now been changed. Now sufficient attention is paid to the rights of crime victims. DEFINITION,MEANING AND CONCEPT OF VICTIM  MEANING OF VICTIM A victim of crime in ordinary language means a person againt whom a crime has been committed.  The term victim has been given a wider meaning and includes the immediate family members,such as wife ,children, aged parants.  DEFINITION OF VICTIM  “Victims” means persons who, individually or collectively, have suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that are in violation of criminal laws operative within Member States, including those laws proscribing criminal abuse of power.  According to section (wa) The Code of Criminal Procedure,1973 “victim” means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression “victim”includes his or her guardian or legal heir;’ EMERGENCE OF VICTIMOLOGY    victimology is subfield of criminology that socializes in studying the victim, victimisation, reactions and effects of victimisation. The term ‘victiomology’ is generally credited to Beniamin Mendelsohn in 1947.though some suggest that Frederick Wertham first uses the term in 1949. Latter on Tierney identifies two major early traditions in victimology. The first approach focused primarily on psychological characteristics and social circumstances. Second, focused more on attempts to measure the extent of victimization. Both of these might broadly be described as form of positive victimology. HISTORY AND DEVELOPMENT OF VICTIMOLOGY IN INDIA     The concept of victim is an ancient one that is found in many culture and that is inextricably intertwined with religious sacrifice. Epics and mythology often numerous examples of symbolic sacrifices of victim. Historically the victim had a broader meaning relating to misfortune of many sort, not just suffering caused by crime. The evolution of the concept can be traced both historically and theoratically.   Historically the concept of victimology in crude sense was not only part of Hammurabi’s code but also existed in more developed sense than the present. Manu in chapter 8 ,verse 287 also talks about the compensation to the victim. EXPANDING DIMENSIONS OF VICTIMOLOGY    During 1940’s victimologist like, Mendelson, Von hentig and Wolfgang considered victims as “helpless person who instigated their own victimization. In modern sense, the term ‘victim’ connotes any person who experiences injury, loss, or hardship and suffering due to any cause. The term is not confined to victims of crime alone but is used in other area as well, such as accident victims,Tsunami victim,famine victim,etc.  The term ‘crime victim’ refers to any person, group or entity who has suffered enjury due to illegal activity of someone.The harm can be physical, psychological or economic. ROOTS OF VICTIMOLOGY   Benjamin Mendelsohn (1900-1998)  Victimology should be part of criminology Hans von Hentig (1887-1974)  The Criminal and His Victim  Classified victims according to personality  Importance of subject-object relations  Case studies:      Reena Virk ‘Fred’ Shipman Holly Jones ’70s and ’80s ‘art of blaming the victim’ Role of political and ideological climate AFFECTED VICTIMS  PHYSICALLY AFFECTED  FINANCIALLY AFFECTED  AFFECTING FAMILY PEACE  PSYCHOLOGICALLY AFFECTED VICTIM’S RIGHT  The right to protection from intimidation and harm.  The right to be informed concerning the criminal justice process.  The right to reparations.  The right to preservation of property and employment.  The right to due process in criminal court proceedings.  The right to be treated with dignity and compassion.  The right to counsel. LIABILITIES FOR CRIME VICTIMS UNDER STATUTORY PROVISIONS IN INDIA  COMPENSATION TO VICTIMS OF CRIME 1. 2. 3. 4. 5. 6. FATAL ACCIDENTS ACT,1855 MOTOR VEHICLE ACT,1988 CRIMINAL PROCEDURE CODE,1973 COMPENSATION FOR HUMAN RIGHTS VIOLATION CONSUMER PROTECTION ACT 1986 PROBATION OF OFFENDERS ACT ,1958 RECOMMENDATION OF COMMITTEE ON JUSTICE TO VICTIM  The Law Commission in its report in 1996, stated that “the state should accept the principle of providing assistance to victims out of its own trends in cases of: • • • acquittal, or where the offender is not traceable but the victim is identified , or Where the offence is proved  The justice Malimath Committee on Reform of Criminal justice system has made many recommendation of forreaching significance to improve the position of victims of crime in criminal justice system including the victim’s right to participate in causes and to adequate compensation. ROLE OF JUDICIARY TOWARD CRIME VICTIMS AS A PUBLIC LAW REMEDY 1. COMPENSATORY JUSTICE TO THE VICTIMS OF 1. ILLEGAL ARREST AND UNWARRANTED ARREST   2. ATROCITIES,CUSTODIAL DEATHS AND FAKE INCOUNTERS   3. 4. Nilabati Behera vs. State of Orissa Saheli vs commissioner of Police POLICE FIRING ,ROITS,AND UNTOWARD HAPPENINGS RAPE  5. Rudal sah vs. State of Bihar Bhim Singh vs. State of J. & k. Chairman Railway Board vs. Chandrima Das SEXUAL ASSAULT  Delhi Domestic Working Women Forum case vs Union of India SUGGESTIONS       There must be separate law for the victims of crime so that victim may seek justice easily. corruption should be reduced from the criminal justice system. The law must also provide for institutional set up as we have in western countries. If possible it would be better to give the compensation as a right to victim. In case of women to proven victimization, the women should be empowered with political power. By this way, they will less suffered by others. Children should be given proper study and aware of their right so that they can not be victim by the wrong doer and high profile person.    Providing proper assistance to victims throughout the lagal process. Taking measures to victims, protect their privacy, when necessary, and ensure their safety, as well that of their behalf, from intimidation and retaliation.\ Avoiding unnecessary delay in disposition of cases and the execution of orders or decrees granting award to victims. CONCLUSION