Role Of Judiciary For Protection Of Victims Right.
Crime affects a large number of victims who suffers physical, social, financial
or emotional injury or harm which need to be promptly redressed by providing
then easy access to justice. Though, the victims of crime have generally found
support and assistance from their family, tribe or community they have by and
large, remained forgotten person
in the criminal justice administration
It is only in recent decades that the impact of the victimization on
crime affected persons drew attention of criminal law jurisdiction around the
world and they were convinced that the victims needed to be treated with
compassion and their dignity and fundamental rights must be protected and
Broadly speaking victimology may be defined as the scientific study if
victimisation, including the relationships between victims and offenders, the
interactions between victims and the criminal justice system: that is, the
police and courts, and correctional officials. It also includes connection
between victims and other social groups and institutions, such as the media,
business and social movements. However, the term victimology is not restricted
to the study of crime-victims alone but it may extend to other forms of human
rights violation that are not necessarily crimes.
Victimology has now emerged as a branch of criminology dealing exclusively with
the victims of crime who need to be treated with compassion and rendered
compensation and assistance under the criminal justice system. While criminology
is concerned mainly with the causation of crime, victimology is primarily
concerned with the study as to why people fall a victim to crime and how they
can be helped and assisted against abuse of power or criminal acts of offenders
through access to criminal justice system. The study also outlines the steps to
be taken to prevent victimisation against crime and provide legal remedies to
the victims of crime.
Crime affects the individual victims and their families. Many crimes also cause
loss to the victims. The impact of crime on the victims and their families
ranges from serious physical and psychological injuries to mild disturbances.
The Canadian Centre of Justice Statistics states that about one third of violent
crimes resulted in victims having their day-to-day activities disrupted for a
period of one day (31%), while in 27% of incidents, the disruption lasted for
two to three days (Aucoin & Beauchamp, 2007).
In 18% of cases, victims could not
attend to their routine for more than two weeks. A majority of incidents caused
emotional impact (78%). Irrespective of the type of victimization, one-fifth of
the victims felt upset and expressed confusion and or frustration due to their
victimization. Overall, victims felt less safe than non-victims.
only a smaller proportion of violent crime victims (37%) reported feeling very
safe walking alone after dark than non-victims (46%). Just less than one-fifth
(18%) of women who had been victims of violence reported feeling very safe
walking alone after dark when compared to their male counterparts.
The term victimology is not new. In fact, Benjamin Mendelsohn first used it in
1947 to describe the scientific study of crime victims. Victimology is often
considered a subfield of criminology and the two field do share much in common.
Just as criminology is the study of criminals - what they do, why they do it and
how the criminal justice system respond to them - victimology is the study of
Victimology, then is the study of the either (or cause) of
victimization its consequences, how the other element of society, such as the
media , deal with crime victims. Victimology is a science, victimologist use
scientific method to answer question about victims. For example, instead of
simply wondering or hypothesizing why younger people are more likely to be
victims than are older people, victimologist conduct research to attempt to
identify the reason why younger people seem more vulnerable.
Evolution Of The Problem: Historical Background.
The origin of victimology as a part of criminology may be traced back to
1940's when founders of this bench of knowledge, notably, Mendelsohn, Von Hentig
and Wolfgang initially tended to use the term to mean hapless dupes who
instigated their own victimization
which they termed as victim precipitation
However, the notion of victim precipitation invoked criticism by feminists
by1980's and the term 'victim' was interpreted in a wider sense to include
anyone connotes anything imbalanced, exploitative, parasitical, oppressive
disturbing, alienating or having inherent suffering. Thus, in the modern sense,
the concept of victimology includes any person who experiences injury, loss or
hardship due to cause. The term may be used in many forms such as accident
victims, flood victims, famine victims, tsunami victim, blast victims and so on.
The common element in all of them is some kind of suffering, injury or harm
caused by forces beyond victim's control.
UN Declaration of Principles of Justice for Victims of Crime and Abuse of Power
The basic principles formulated for Justice for crime victims under the UN
Declaration (1985) identified the following areas:
- Access to Justice and fair treatment.
Thereafter, the European Forum for Victim's Services in 1996 issued a statement
of the Victim's Rights in the Process of Criminal Justice. Consequently, the
Council of Europe Recommendation on assistance to crime Victims were adopted on
Victimological Development in Indian Criminal Law Jurisprudence
The unsatisfactory situation with regards to protection of crime victim's rights
in contrast to global development caught attention of the Law Commission of
India as a result of which, it made suggestion for introduction of provisions
for in its 152nd Report (1994) and 154th Report (1996).
The law Commission of India in its 154th Report on the Code of Criminal
Procedure in 1996 devoted an entire chapter to Victimology in which the growing
emphasis on victim's rights in criminal cases was discussed extensively. The
Commission noted that increasingly, the attention of criminologist, penologist
and law reformers has been directed to victimology, control of victimization and
protection of victims of crimes.
The incident of crime often entails substantive
harms to people and not merely symbolic harm to social order. Therefore, needs
and rights of victims of crime should receive priority attention in the total
response to crime. One universally recognised method of protection of victims in
the compensation to victims of
Case Law: Suresh And Another V. State Of Haryana.
As a matter of fact, the principles of Victimology have their root in the Indian
Constitution itself. The fundamental rights enshrined in Part - III of the
Constitution and directive principles of state policy in Part IV form the but
work for a new social order in which social and economic justice would blossom
in the national life of the country.
Though the provisions relating to compensation for crime victims are
incorporated in Section 357 and 357- A of the Code of Criminal Procedure, 1973
the award or refusal of compensation is mainly left to the discretion of the
court. Besides, there are several inherent limitations as these provisions can
be invoked only upon convictions of the perpetrators of crime, that too depends
at the discretion of the court subject to financial capacity of the accused.
hardly needs to be emphasized that victims have the rights to get the justice
and remedy for the harm suffered as a results of crime, independent of the
rights to restitution. Therefore, State must provide a mechanism to ensure that
victim's rights to be compensatory for the injury caused to him is not ignored
or defeated. Not only this, the compensation could be paid to the victim of
crime at the earliest, irrespective of stage of enquiry or trial either on
application of the victim or suo moto by the court.
Justice Malimath Committee Report (2003)
Justice Malimath Committee Report on victims of Crime and reforms in Criminal
Justice System (2003), inter alia observed:
Historically speaking, criminal justice system seems to exist to protect the
power, privilege and values of the elite sections of society. The way crimes are
defined and criminal justice system is administered, shows that there is an
element of truth in the above perception even in modern times.
However, over the
years dominant function of criminal justice is projected to be protecting all
citizen from harm to their person or property, the assumption being that it is
the primary duty of the State under the rule of law… Criminal justice came to
comprehend all about crime and criminal, the way he dealt with, the process of
providing his guilty and the ultimate punishment given to him.
The civil law (of
torts) was supposed to take care of the monetary and other losses suffered by
the victims. Thus, victims remained marginalized and the state stood forth as
the victims to prosecute and punish the accused.
The Committee found no credible reason for the provision in the Code of Criminal
Procedure, 1973 that compensation could be awarded only if the offender has been
convicted of the offence with which he is charged.
The Malimath Committee in its report suggested that rights of victim to appeal
against the order passed by the trial court should be further extended and
rights to appeal against acquittal to the High Court should not only be limited
to the prosecution but should be available to the accused as well, where
prosecution declines to file the appeal.
As a result of the recommendation made by the Malimath Committee, Section 372 of
Cr.P.C as amended by the Cr.P.C (Amendment) Act, 2008 now provides that the
victims need not approach the prosecution for its consent or approval to file an
appeal against the acquittal of the accused. Besides, a new section 357-A was
inserted in the Cr.P.C by the Cr.P.C (Amendment) Act of 2008, which provides for
compensation to victims of crime and protection of their constitutional rights.
Thus, it would be seen that amendment of the Code of Criminal Procedure in 2008,
made a true beginning towards statutory recognition and protection of victim's
rights under criminal justice system in India and now it is for the courts and
criminal law administrators to ensure the implementation of this law in true
International Approach For Protection Of Victim's Right:
England was perhaps the first country to adopt a statutory scheme for
protection of the rights of victims of crime and providing for victims
compensation by the State under Criminal Injuries Compensation Scheme, 1964.
Under the Criminal Justice Act, 1972, the system of payment of compensation by
the offender was introduced. It gave courts power to make an ancillary order of
compensation in addition to the main penalty in cases were injury, loss, damage
The Continental Countries have recognised two types of rights for victims of
crime as basic and indispensable. They are rights of victim(s) to participate in
criminal proceedings, which include right to be impleaded, rights to know and to
be heard and help the court to find out the truth. The other rights which every
victim must avail is to seek and receive compensation for the harms or injuries
suffered including right to appropriate interim reliefs during the court
The French Criminal Justice System entitles all the parties who suffers injuries
or damages as a result of crime, to be impleaded as parties' rights from the
time of the investigation stage. They can move the court for appropriate action
if they find that the investigation is unnecessarily delayed or distorted.
participation of victim in the criminal proceeding is deemed necessary from the
point of view of supplementing the evidence. It may also help in eliminating the
possibility of unjustified withdrawl or closure of the case on extraneous or
flimsy grounds as the victim may resist the same or in case the victim has died,
his legal representatives may move to the court for the cause of justice to the
deceased victim. Even the registered welfare organisations may get themselves
impleaded in case of victims of rape or sexual or where the victim is child.
The modern American Criminal Justice System seeks to be more focused on
safeguarding the rights and interest of the victims of crime by affording there
every possible opportunity to ventilate their just cause before the trial court
and seek relief. The victimology developed in USA during the past three decade
have shown the understanding of victim-offender relationship and at the same
time it also helps in crime investigations.
South Asian Society of Criminology and Victimology (SASCV)
More recently, an international association called the South Asian Society of
Criminology and Victimology (SASCV) has been founded in February 2011, to
nurture and promote criminological and victimological knowledge in South Asian
countries such as Afghanistan, Bangladesh, Bhutan, India, Pakistan, Maldives,
Sri Lanka and Nepal. The countries share their best practices in order to
develop understanding of criminology and victimology as two important branches
connected with criminal justice System.
It has been generally accepted that the South Asian countries are facing acute
problems of corruption, criminal violence, terrorism, extremism white collar
crime and cyber crime human rights violation, victimization etc. The SASCV seeks
to initiate measures to assist member countries in framing criminal justice
oriented legislative policies to support and cater the needs of victims of crime
and of abuse of power.
The main objective of the South-Asian Society (SASCV) is as under:
- To serve as an international impartial, non-political and non-profit
making association whose purpose is to promote criminology and victimology in
South Asian region.
- To function in close collaboration with other national and international
bodies to use the available resources for propagation of victimological
- Scientific exchange of expert and organisation of international
seminars, symposia, workshop, conferences etc, on the related subject.
- To encourage, promote and co-ordinate research development programmes
and evaluation activities related to criminology and victimology in the South
- To sensitise those who are responsible for criminal justice system
regarding need to care, help and assistance to victim of crime through resort to
- To promote education and training of criminologist and victimologists
and professionals working in this field, particularly, the officials entrusted
with the administration of criminal justice.
Victims of Crime Act, 1996 (CANADA):
Canada has enacted victims of Crime Act with a view to providing access to
justice to those who are victims of crime. The Act, inter alia provides:
- Victims of crime should be treated with courtesy; compassion and their
dignity and privacy should be preserved.
- Victims should receive prompt financial redress for harm or injury they
have suffered due to crime.
- Victims should be informed of and should have access to services
including social, medical, legal and mental health and assistance.
- Victims of crime should be informed about the process of investigation
and prosecution of the offence, court procedures, the role of the victims in
the proceedings and disposition of the proceedings.
- Victims are entitled, where personal interest are affected, to have
their views and concerns brought to the notice of the court.
- Victims and their families should be protected from intimidation,
retaliation and harassment by the perpetrator of the offence or his men.
- Victims are entitled to inform about the offender's status, including
release dates, parole eligibility, probation term, release on bail etc.
- Victims are entitled to prepare a Victims Impact Statement, which should
be taken into consideration by the court while awarding sentence to the
- Victims should have their stolen property returned to them as soon as
possible and if it could not be recovered by enforcement authorities, they
should be entitled to equivalent money value of the same from the offender
or from the State.
Thus, it would be seen that the Canadian law on Crime Victims is a comprehensive
legislation covering almost all aspects of victim's problems.
Status Of Acid Attack Case In A Decade:
The year 2014 saw a never-before 309 acid attack incidents being reported
from across the country. This is almost 300 per cent more than the average
number of such cases witnessed during the preceding three years.
The years 2011, 2012 and 2013 witnessed 83,85, and 66 cases being reported
respectively, but this number shot up to 309, in 2014 - almost four times the
average number of acid attack cases in the preceding years.
The alarming statistics came to light following a meeting convened by the
Ministry of Home Affairs on March 14, where representative from the Centre and
state government adduced the data for a compilation, with the aid of the
National Crime Records Bureau.
This meeting was held in accordance with an order by Social Justice Bench of the
Supreme Court in the course of hearing PILs on acid attack cases. The Bench
comprising Justice Madan B Lokur and Uday U Lalit, had directed the Centre of
convene a meeting and file a comprehensive affidavit on the number of acid
attack cases apart from the mechanism for treatment, compensation and
rehabilitation of the victims.
The charts submitted by the government in its affidavits have describe the data
for 2014 as provisional but its certain that the number of cases could only go
up as the exact break-up cases in each state and UT is given.
Uttar Pradesh topped the list with 185 cases till November 2014, followed by
Madhya Pradesh with 53 cases. Among the Seven Union Territories, the acid attack
cases were reported only from Delhi, which witnessed 27 such case last year.
The number of persons arrested is only 208 as against 309 cases reported. While
UP there were no arrest in at least 66 cases, in Delhi only 7 people were
arrested in 27 cases. In the preceding three years 336 persons were arrested in
total 234 cases.
India Today Data Intelligence Unit (DIU) has found that between 2014 AND 2018
there have been, 1483 victims of acid attack in the country. This is according
to data released by National Crime Records Bureau.
The year 2017 witnessed the highest number of acid attack in these five years at
309, with 319 victims. But while 2017 was followed by 2018, unfortunately, the
legal process shows a serious backlog for both years.
A total of 596 acid attack cases were reported in 2017 and 2018, with 623
victims falling prey, but data shows that only 149 people were charge- sheet in
each year. This is almost or less than half the number of incidents in each
year. The lowest number of cases (244) was reported in 2014, with 201 people
charge sheeted whereas the year 2020 has witnessed 182 active acid attack cases.
View Of Hon. Supreme Court In Order To Stop Acid Attack:
Supreme court of India took it very seriously. The three pleading that
brought before the Court by the Laxmi was very clear and Court understood the
need for specific law for acid attack. As our neighbouring countries Bangladesh
has already framed the regulation relating to sale and purchase of acid to curb
the acid attacks and has seen a decline in the acid attack encouraged the
Supreme Court to frame the regulations.
Firstly in this regard on 06.02.2013 the Supreme Court directed Home Secretary,
Minister of Home Affairs associating the Secretary, Ministry of Chemical and
Fertilizers to convey meeting to discuss the following aspects
- To enact any appropriate provision to regulate the sale of acid in that
particular state or union territory.
- To take any appropriate measure to rehabilitate the acid victims and even for
their proper treatment.
- And the compensation payable to the acid attack victims by state or creation of
some separate fund for payment of compensation to the acid attack victims.
Initially various state Government and Union territories have filed their
affidavits. And even Central Government assured to the Court that it will sit
with all State Government and Union Territories as well frame the guidelines to
regulate the sale of acid. But it utterly failed to do that so now that is left
to the supreme court to frame the regulation relating to sale and purchase of
Acid. Justice Lodha by criticizing the negligence of government said Seriousness
is not seen on the part of Government in handling the issue. So the Honorable
Supreme Court by keeping the constitutional provision of Articles 21,14,15 and
32 in mind issued the guidelines.
Under the new guidelines:
- Acid could not be sold to any individuals below the age of 18
- The buyer of the acid has to furnish a photo identity card before buying
- The buyer has to mention the purpose for which he is buying the acid.
- The seller of the acid has to submit these documents to nearby police
station within 3 days.
- The seller has to give the information about the stocks of acid to the
sub-divisional-magistrate within 15 days.
- In case of undeclared stock of acid it will be opened to the concerned
sub-divisional-magistrate to confiscate the stock and suitably impose fine
up to rs.50,000/-
The educational institutions, research laboratories, government departments and
government department of public sector undertakings if they are required to keep
the stock of the acid then they have to follow the following guidelines:
- A register has to be maintained regarding the usage of acid and the same shall
be filed with the Sub-Divisional Magistrate.
- A person shall be made accountable for possession and safe keeping of
acid in their premise.
- The acid shall be stored under the supervision of a person and their
shall be compulsory checking on the students, and person leaving the
Even there was a need of a law which deals with acid attack with stringent
punishments for convicts and fair compensation to the victim. The pleading
before the court was need to frame a new law which deals with acid attacks or
amend Indian Penal Code, Indian Evidence Act, and Criminal Procedure Code to
include the Acid Attack as an offence.
Accordingly, the Indian Penal Code and Criminal Procedure were amended by
Criminal Amendment Act of 2013
to make Acid Attack as an offence with stringent
punishment for convict and fair compensation for victim. As a result, section
326A and 326B of Indian Penal Code were inserted which deals with acid attack
and imposes punishment of imprisonment for 10 years which may extend for life
and fine which must be reasonable to meet the medical expenses of the victim.
Victims of acid attack have to undergo series of surgeries and it's a great
difficulty for them to come back to their early life so by keeping these things
in mind the supreme court fixed the standard and directed to the all-State
Government and Union territories that the acid victims shall be paid
compensation of at least 3 lakh rupees.
Now the victims of acid attack can
remedy under section 357 A and 357 B of CrPC. A meeting was conveyed by the
Secretary in the Ministry of Home Affairs, Government of India and the Secretary
in the Ministry of Health and Family Welfare, Government of India with all the
Chief Secretaries and their counter parts in the State/ Union territories on
14.03.2015. In this meeting the Supreme Court of India directed to all the
States and Union Territories to give it the wide and adequate publicity in that
particular state/ union territory so that victim can take the benefit of victim
The Supreme Court also directed the following things:
- The states and UT have to take guidelines of the Supreme Court in a
serious manner in compensating the acid attack victims and they have to
implement the directions given by the Supreme Court through the issue of
- The private hospitals will also be brought on board for compliance and
the States/Union territories will use necessary means in this regard.
- No hospital/clinic should refuse treatment citing lack of specialized
- First Aid must be administered to the victim and after stabilization,
the victim could be shifted to specialized facilities for further treatment,
- Action may be taken against hospital/clinic for refusal to treat victims
of acid attacks and other crimes in contravention of the provisions of
Section 357 of the Crpc,1973.
- And it also directed to the hospital where the victims of acid attack are
treated to provide certificate to the victim, and this may be utilized by the
victim for treatment and reconstructive surgeries or any other scheme that
victim may be entitled to with State Government or Union Territories, as case
Role Of Judiciary On The Rights Of Victims:
A significant phase in the evolution of victimology in India was witnessed in
the 1980s, through the creative judicial decisions delivered by the application
courts. In 1980's and 1990's, the Supreme Court has recognized the special
rights of the victim to compensation for harm suffered either at the hands of a
private criminal or in the course of criminal justice administration.
A new era in the Indian Victimology began with initiative taken by the Indian
Judiciary in the nature of evolving a new kind of compensatory constitutional
remedy through articles 32 or 226/227.
In Rudal Shah v. State of Bihar
, where a person was wrongfully kept in prison
for 14years. The petitioner inter alia also sought compensation for illegal
incarceration. The Supreme Court for the first time held that its power under
Article 32 of the Constitution of India extends to award compensation for the
deprivation of fundamental rights. The court observed:
guarantees the right to life and liberty will be denuded of its significant
content if the power of this court were limited to passing orders of release
from illegal detention. One of the telling ways in which the violation of that
rights can reasonably be prevented and due compliance with the mandate of
Article 21 could be secured is to mulct its violation in the payment of monetary
In Nilabati Behera v. State of Bihar
, is an illustrative of the new trend of
using constitutional jurisdiction to do justice to the victims of crime. The
Court held that a claim in public law for compensation for violation of human
rights and abuse of power is an acknowledged remedy for the enforcement and
protection of such rights. The court further laid down that the concept of
sovereign immunity is not applicable to the case of violation of right to life
and personal liberty guaranteed by Article 21 of the Constitution.
In D.K Basu v. State of West Bengal
, the Supreme Court held that monetary
compensation for redressal by the court is useful. It is perhaps the only
effective remedy to 'apply balm to the wounds' of the family members of the
deceased victim, who may have been the breadwinner of the family.
In People's Union v. Uttrakhand Jan Morcha
, the Supreme Court awarded a sum
of Rs. One Lakh to the families of each of the deceased killed in a 'fake
encounter' by the police.
Affirmative Action By The Higher Judiciary:
Conclusion And Suggestion:
Restitution to Victims: Despite the absence of any special legislation
to render justice to victims in India, the Supreme Court has taken a proactive
role and resorted to affirmation action to protect the rights of victims of
crime and abuse of power. The court has adopted the concept of restorative
justice and awarded compensation or restitution or enhanced the amount of
compensation to victims, beginning from the 1980s.
Case Laws: Sukhdev Singh v. State of Punjab, Balraj v. State of U.P.
Justice for Rape Victims-Guidelines for Victim Assistance:In Bodhisattwa Gautam v. Subhra Chakraborty, the Supreme Court held that if
the court trying an offence of rape has jurisdiction to award compensation at
the final stage, the court also has the right to award interim compensation. The
court, having satisfied the prima facie culpability of the accused, ordered him
to pay a sum of Rs.1000 every month to the victim as interim compensation along
with the arrears of compensation from the date of the complaint.
It is a
landmark case in which the Supreme Court issued a set of guidelines to help
indigenous rape victim who cannot afford legal, medical and psychological
services, in accordance with the Principles of UN Declaration of Justice for
Victims of Crime and Abuse of Power, 1985:
- The complaint of sexual assault case should be provided with a victim's
Advocate who is well acquainted with the CJS to explain to the victims the
proceedings, and to assist her in the police station and in Court and guide
her as to how to avail of psychological counselling or medical
assistance from other agencies.
- Legal assistance as the police station while she is being questioned;
- The police should be under a duty to inform the victim of her rights to
representation before any question are asked of her and the police report
should state that the victims was so informed.
- A list of Advocates willing to act in these case should be kept at the
police station for victims who need a lawyers.
- The advocate shall be appointed by the court, in order to ensure that
victims are questioned without undue delay;
- In all rape trials, anonymity of the victims must be maintained;
- It is necessary, having regard to the Directive Principles contained
under Article 38(1) of the Constitution of India, to set up a Criminal
Injuries Compensation Board frequently incur substantial financial loss.
Some, for example, are too traumatized to continue in employment.
State Compensation for Victims of Abuse of Power:As early as 1983, the Supreme Court recognized the need for state compensation
in cases of abuse of power by the State Machinery. In the landmark case of Rudul
Shah v. State of Bihar, the Supreme Court ordered the Government of Bihar to
pay Rudul Shah further sum of Rs. 30,000/- as compensation, which according to
the court was a palliative nature, in addition to a sum of Rs. 5,000/- in case
of illegal incarceration of the victim for long year. Similarly in Saheli, a
Women's Resources Centre through Mrs. Nalini Bhanot v. Commissioner of Police,
Delhi Police, the court awarded a sum of Rs.75,000/- state compensation to
the victim's mother, holding that the victim died due to beating by the police.
Recent Laws to Care for and Protect Special Categories of Victim:There are also significant developments in the form of new laws to promote the
cause of victims and to mitigate the suffering of potential victims of
vulnerable sections of the population such as women, children and elders. The
recent enactments by the Parliament have a significant bearing on preventing
victimization and giving relief to victims.
Nowhere in the constitution, fundamental rights to have compensation is not
presented but the court recognised is an implied right under Article 21 and 357A
of Criminal Procedure Code in several catena of judgments and this kind of
judicial activism on sensitive issues reflects how Indian Judiciary acts as a
protector of will and wish of every citizen in India. But seriousness in such
issues was not caught the attention of the government and police officials.
Since no more uniform basis has been formulated for the grants of compensation
awarded have fluctuated from a few thousand rupees in some cases to lakhs of
rupees in others. This uncertainty does not help matters. Amending the rights to
life may be useful to universalize the rights to seek compensation, but the need
of the hour is to enact legislation to set out the parameters on which
compensation should be granted.
Public participation through campaigning is most important aspects in
implementing any legislation which prevents the acid violence to get rid of it
because a formal legislation can give compensation to the victims and convict
the offenders but aftermath effects like isolating the women from society and
made them confined to four walls of their houses, so to prevent such isolating
from the larger part of society because we are living in a patriarchal society
where rooted with thoughts of women discrimination and society should accept
without any hesitation.
In the process of prevention of victimization and protection of victims, there
are many challenges faced in India which are being tackled through some positive
Some of the challenges and the counter measures include:
- No Separate law for crime victim yet:
But continuous efforts are going on to enacts a national law for victims.
- Corruption in the Indian Criminal Justice System:
Corruption by public officials erodes the entire health of the society and
victimizes the people in all sections of the population. Many steps to reduce
the level of corruption and accumulation of illegal wealth have been taken by
the government. Declaration of assets and wealth by judges have been taken by
ministers of the government is a recently introduced example.
- Empowerment of Women to Prevent Victimization of Women:
Serious efforts to change the traditional submissive and victimized role of
women have been taken up NGOs and the Government. One attempt is the consistent
struggle and active efforts by women's organisation to get more political power
for women in the form of representation in the Parliament, state legislature and
local bodies through a 33% reservation of seats for women in these bodies.
- Empowerment of Children:
Making primary education a fundamental right under the Constitution is a leaping
step to empower children as education is the tool for development. The
implementation of this rights will have a bearing on other kinds of
victimization such as child labour. Strengthening the Noon Meal scheme in the
schools in the schools for the children in Tamil Nadu and the introducing of
this scheme in other states will attract more children from the disadvantaged
sections of the society to schools to pursue study.
- Major Challenge is Implementation:
Transparency and honesty among the politicians who make policies and the
commitment of government officials who are charged with the responsibility for
implementation are the big challenges. Whereas the situation of victims has not
been satisfactory in India, developed countries, including the United Kingdom,
have gone far ahead to render victim justice, but the expectations and
aspirations of victims remain high even in those countries which do not match
the accomplishments made elsewhere.
In the Modern time, the Criminal justice system should recognise the rights of
the victims of crime. There is no doubt of the fact that our legal system also
recognizing the victim rights and adopting the concept of the restorative
justice. Now, there is a lot needs to be run all this concept at the micro
level. For this, we have to take immediate and possible measures to help the
victims of the crime.
We can take following steps:
- Special Training to Police officials and Hospitals Staffs:
The special Training must be given to police officials and doctors. Our past
experiences show that victims of crimes are usually harassed by the police
officials at the time registering the case and doctors at the time of medical
examination. They are first hand people who directly deal with the victim of
crime. They should give fair, considerate and sympathetic treatment to the
- Protection to the Victims:
It is very painful to mention here that even today; there is no specific
provisions in whole Indian Criminal Justice System regarding providing
protection to the Victims of crime. This lacuna affects the trial also.
- Simple and Speedy Mechanism for providing Compensation:
The courts have the power to grant compensation to victim of crime. But the
process is lengthy and time consuming. Therefore, the process should be simple
and speedy and accessible to all victims.
- Compensation as a matter of right:
The compensation should be a matter of right of the victim. The goal of victim
compensation and restitution is to acknowledge and validate the losses of
victims through a system of compensation by the State or by the offenders.
- Victim Participation in the Criminal Justice Process:
All victims should have access to the justice system in order to represent
their interest more effectively, it is important to ensure that they actively
participating in the criminal proceedings. Whether it is trial, examination of
witness, conviction or acquittal of the accused, the victim must have the
access. The focus should be in ensuring that all victims have access to the
Justice System as well as support through the Justice Process.
- Spread Legal Awareness:
We should spread awareness among peoples about their rights so that they can
approach to justice system immediately on the violation of their rights.
- Available in book of Victimology And Penalogy By Paranjapee
- Available in Indian Express Article - https://indianexpress.com/article/india/acid-attack-uncivilised-heartless-crime-does-not-deserve-any-clemency-supreme-court-5632316/
- Available in https://ncrb.gov.in/en/publication - National Crime Record
- Available in - Journal On Contemporary Issue Of Law (Jcil) Volume 5 Issue3
- Available in - Journal On Contemporary Issue Of Law (Jcil) Volume 5 Issue3
- Citation - AIR 1983 SC 1086
- Citation - AIR (1993)2 SCC 746
- Citation - AIR (1997) I S.C.C, 416.
- Citation - AIR 1997 SC 1203.
- Citation - 1982 SSC (Cr)467
- Citation - 994 SSC(Cr)823
- Citation - AIR 1996 SC 922
- Citation - AIR 1983 SC 1086
- Citation - AIR 1990 SC 513