The Ignored Half Of Justice: A Victimological Approach To Rehabilitation Compensation, And The Digital Future Of Compassionate Justice

Victimology and Compassionate Justice in India

In the corridors of criminal justice, there is that one voice that often echoed the least — that of the victim. Over time, law has focused on the offender: their guilt, trial, punishment, and sometimes even their rehabilitation. But what about the person left behind — silenced, bruised, and often forgotten? Victims of crime are not mere “cases”; they are individuals who carry invisible wounds long after courtrooms close and justice remains one-sided.

Victimology often emerged as a moral and legal awakening — a call to recognize victims not as evidence but as human beings entitled to justice, restoration, and dignity. In India, this shift is not just theoretical but constitutional, flowing from Articles 21 and 14, which guarantee the right to life and equality before law. The concept of victim rights now intertwines with human rights, criminal jurisprudence, and emerging technologies that promise to make justice more accessible, empathetic, and efficient.

The Indian justice system has gradually evolved to include compensation mechanisms, rehabilitation schemes, and institutional support for victims. Yet, challenges of awareness, implementation, and empathy remain. This paper examines the scope of victimology, its legal framework, victim support systems, and the emerging role of AI in shaping a new era of compassionate justice.

Concept and Scope of Victimology

Victimology, derived from “victima” and “logos”, literally means the study of victims. Benjamin Mendelsohn introduced it in the mid-20th century, describing it as “the scientific study of the relationship between victims and offenders.” Eventually, the field expanded beyond understanding why victimization occurs to exploring how societies and laws respond to it.

Scope and Significance

• Legal Dimension: Recognizing victims’ rights in criminal procedure and constitutional law.
• Psychological Dimension: Addressing trauma, post-crime depression, and emotional rehabilitation suffered by the victim.
• Sociological Dimension: Understanding how gender, caste, poverty, and social structures contribute to more victimization.
• Administrative Dimension: Ensuring proper enforcement of compensation, witness protection, and rehabilitation programs.
• Technological Dimension: Integrating AI, digital reporting, and virtual counseling systems for faster justice delivery.

Victimology today is not merely reactive but also preventive, focusing on early risk prediction, detection, and digital protection mechanisms. It aligns with the United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power (1985), which India endorses, emphasizing access to justice, restitution, compensation, and assistance.

Theoretical Foundations of Victimology

Victim Precipitation Theory

Introduced by Marvin Wolfgang (1958), this theory examines how victims’ behavior may unintentionally provoke or contribute to criminal acts. It is often discussed in cases of homicide or interpersonal violence, where both parties share a conflict history. However, modern victimologists caution that this theory should never justify victim-blaming, especially in sexual assault or domestic violence cases.

Lifestyle Exposure Theory

Developed by Hindelang, Gottfredson, and Garofalo (1978), it suggests that individuals’ lifestyles affect their risk of victimization. Unsafe housing, late working hours, or limited economic choices increase exposure to crime. In India, gender, caste, and poverty often intersect — a woman traveling alone at night or a Dalit laborer walking through dominant-caste areas face structural vulnerability.

Deviant Place Theory

C. R. Jeffrey (1971) emphasized that crime risk depends on where people spend time. Urban slums, poorly lit streets, and socially neglected zones become “deviant places” prone to crime. Indian data shows higher crime density in areas with urban congestion, unemployment, and weak policing, proving that crime follows inequality.

Routine Activity Theory

Cohen and Felson (1979) proposed that crime occurs when three elements meet: a motivated offender, a suitable target, and absence of a capable guardian. This applies not only to street crimes but also cybercrime — a young user without cybersecurity knowledge becomes easy prey for an online scammer.

Legal Provisions and Compensatory Reliefs for Victims in India

Victim protection in India has evolved over time through judicial activism and statutory reforms. Earlier, the focus was solely on punishing offenders, but since the 1980s, the Supreme Court has emphasized victims’ rights to compensation, participation, and dignity.

Code of Criminal Procedure, 1973

Sections 357–357C empower courts to grant compensation to victims. Section 357A mandates each State to establish a Victim Compensation Scheme (VCS). In Ankush Shivaji Gaikwad v. State of Maharashtra, the Supreme Court held that compensation is a right, not benevolence.

Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

Section 395 ensures digital disbursal of compensation, expands the definition of “victim,” and emphasizes time-bound relief, marking a shift toward e-governance and accountability.

NALSA and DLSA Initiatives

The NALSA (Victim Compensation) Guidelines, 2015 provide for specialized compensation in cases of rape, acid attacks, child abuse, and trafficking. DLSAs handle implementation but often face delays, indicating a need for uniform standards.

Protection of Women from Domestic Violence Act, 2005

This Act recognizes physical, emotional, sexual, and economic abuse, mandating residence orders, protection orders, and monetary relief.

Protection of Children from Sexual Offences Act (POCSO), 2012

POCSO ensures child-friendly trials and immediate medical and psychological support. In Alakh Alok Srivastava v. Union of India (2018), the Court reinforced the need for utmost care for child victims.

Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018

Although pending, this bill focuses on rehabilitation and reintegration of trafficking victims as survivors, not offenders.

Motor Vehicles Act, 1988

Sections 140–166 enable no-fault liability compensation for road accident victims through MACTs — an efficient model of victim compensation.

Landmark Cases

Victim Support and Rehabilitation

True justice begins after conviction when the state must help victims rebuild lives. The Central Victim Compensation Fund (CVCF, 2015) supports victims of sexual violence, acid attacks, and trafficking.

Psychological Rehabilitation

Legal aid must include mental health care. NGOs like Shakti Shalini, Stop Acid Attacks, and TULIR offer therapy, employment, and housing — focusing on empowerment, not charity.

Social and Economic Reintegration

Rehabilitation includes education, job training, and acceptance. Schemes like the Ujjawala and Swadhar Greh support long-term recovery.

International Parallels

• UK: Criminal Injuries Compensation Scheme (1964) for quick aid.
• USA: Victims of Crime Act (1984) funds victim support via fines.

The Role of Artificial Intelligence in Victim Assistance

AI-driven technologies are transforming victim support:

• AI Chatbots and E-Counselors: Wysa, YourDOST provide trauma-sensitive counseling.
• Predictive Policing: Identifies domestic abuse hotspots.
• Secure Data Management: Blockchain ensures evidence integrity.
• Online Complaint Portals: India’s cybercrime.gov.in enables anonymous reporting.

However, technology has limits — AI cannot feel empathy. Data misuse and bias pose risks. The goal must be AI with accountability, not automation without ethics.

Analytical Perspective: Victim–Offender Relationship and Restorative Justice

Restorative justice reimagines the victim–offender relationship through dialogue and empathy. New Zealand’s model, where both parties meet under supervision, could inspire Indian reforms for minor offences. AI could enable virtual restorative sessions maintaining dignity and safety.

Challenges and the Way Forward

• Inadequate awareness of compensation rights
• Delayed disbursal of funds
• Societal stigma against victims
• Fragmented support schemes
• Digital ethics and data privacy gaps

Recommendations

• Establish a National Victim Justice Authority to unify schemes.
• Mandate victim impact statements in serious offences.
• Train police and judiciary in trauma-informed procedures.
• Integrate AI ethics frameworks into criminal procedure.
• Include victimology in legal education to sensitize future practitioners.

Conclusion: Toward a Compassionate Justice

Victimology is more than an academic discipline — it is a moral compass pointing justice back toward humanity. In India’s evolving legal landscape, victim-centered justice represents both a constitutional duty and a civilizational responsibility.

Compensation, rehabilitation, and technology are tools, but empathy is the soul of justice. As long as victims remain unseen, justice remains unfinished. The future must belong to a system that not only punishes crime but also restores the broken, listens to the silenced, and redeems the forgotten.

References

1. Benjamin Mendelsohn, Victimology and Contemporary Society’s Trends (1956).
2. United Nations, Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, U.N. Doc. A/RES/40/34 (1985). URL: www.un.org/documents/ga/res/40/a40r034.htm
3. Marvin Wolfgang, Patterns in Criminal Homicide (1958).
4. Hindelang, Gottfredson & Garofalo, Victims of Personal Crime (1978).
5. C. R. Jeffrey, Crime Prevention Through Environmental Design (1971).
6. Cohen & Felson, Routine Activity Approach, 44 Am. Soc. Rev. 588 (1979).
7. Code of Criminal Procedure, 1973, §§ 357–357C.
8. Ankush Shivaji Gaikwad v. State of Maharashtra, (2013) 6 SCC 770. URL: main.sci.gov.in
9. Bharatiya Nagarik Suraksha Sanhita, 2023, § 395.
10. Protection of Women from Domestic Violence Act, 2005, §§ 12–23.
11. Protection of Children from Sexual Offences Act, 2012, § 33.
12. Alakh Alok Srivastava v. Union of India, (2018) 17 SCC 291.
13. Motor Vehicles Act, 1988, §§ 140–166.
14. Laxmi v. Union of India, (2014) 4 SCC 427.
15. Nipun Saxena v. Union of India, (2019) 2 SCC 703.
16. Delhi Domestic Working Women’s Forum v. Union of India, (1995) 1 SCC 14.
17. Bodhisattwa Gautam v. Subhra Chakraborty, (1996) 1 SCC 490.
18. Ministry of Home Affairs, Central Victim Compensation Fund Scheme, Notification No. 13011/1/2014-VS (2015). URL: mha.gov.in
19. Howard Zehr, The Little Book of Restorative Justice (2015).