Transcript No Slide Title

Presentation by
Sankar Sen, IPS (Retd.)
Senior Fellow
Institute of Social Sciences, 8, Nelson Mandela Marg, New Delhi – 110 070
Tel: 011-43158800, 9810321503
Telfax: 011-43158823/050, Email: [email protected]
1. Victims
are
forgotten
players in criminal justice
system based on Anglo
Saxon Adversarial pattern.
Concern with the rights of the
accused during investigation and
prosecution
– victims are marginalized.
2. Victims and witnesses at the
heart of the criminal justice
system. Imperative need to
empower them. If the victim
feels nobody cares for their
suffering, it is actually so
because institutionally no
one does. Comparison with
foundation stones.
3.
Over the last three and
half decades emergence of
the progressive school of
thought in Germany, UK,
Canada, USA which seeks
to shift the focus of
attention to the victim
who
really
deserves
redress.
4.
Emergence of the study of
Victimology which seeks to
study the characteristics of
the
victims,
relationship
between
offenders
and
victims,
contribution
of
victims
towards
crime
precipitation
and
victimization
surveys
to
provide
correct
crime
statistics.
5. United Nations General
Assembly
Declaration
Justice for Victims and
Abuse of Power adopted in
November
1985.
The
Declaration recognizes the
following rights of the
victims of crime.
Cont...5 …
(a) Restitution;
(b) Compensation;
(c) Assistance
–
victims
should
receive
necessary material, medical,
psychological
and
social
assistance
through
governmental and community
based means.
6.
Victimization
-
Surveys
second source of
information an effective
supplement to crime
statistics.
Contn…6…
(a) Victimization
surveys
done in India – surveys
in
Mumbai,
Bangalore
and Delhi;
(b) Latest survey done in NCR
by the Institute of Social
Sciences, New Delhi.
7. Victims’
compensation
refers to payments made
from State funds to the
victims of crime.
State is responsible for
protecting
its
citizens
from crime. The failure to
do so obligates the state
to indemnify those who
are victimized.
8.
Victim Witness Assistance
Program in USA responsible
for reducing fear complex
from the victims during
court proceedings. Render
valuable
service
in
minimizing the difficulties
and frustration of the
victims – good Samaritans
of the criminal justice
system.
Contn…8..
(a) Germany had a long tradition of
allowing victims a voice in the
criminal justice process and
victim assistance is the means
of strengthening their voice;
(b) Victim Compensation Program
in New Zealand in 1963. Similar
laws were passed by Great
Britain shortly thereafter.
Contn…8..
(c) Formation
of
National
Association
for
Victim
Assistance (NOVA) in 1975
in USA
(d) Presidential Task Force for
victims of crime – Victims
of Crime Act (VOCA) 1984.
9. India
– No comprehensive legislation
for assistance to victims
except in the case of motor
accidents and factory injuries.
Contn…9..
(a) Legislative framework, Section 357 of CrPC
provides compensation for loss or injury
suffered by the victims after a fine is
imposed by the court. Section 357(3)
makes way for payment of compensation
even if fine does not form part of the
punishment;
(b) In 1992 amendment of Section 357 by the
UP Government if the victim is the member
of Scheduled Caste or Scheduled Tribe
obligatory
for
the
court
to
order
compensation to the victim of crime.
10.
Judicial responses:
- Punjab vs Ajaib Singh,
(1995 - SCC 486)
- D.K. Basu vs. State of West
Bengal, (1997 SCC 416)
- Rudul Shah vs. State of Bihar.
11.
NHRCs role
– Illustrative case
12. Probation of Offenders Act
Section 5. The court in its
discretion may require the
offender to pay reasonable
compensation
to
the
aggrieved for loss or injury
caused to him.
13.
(a)
(b)
(c)
Current trends
Report of Malimath Committee;
Bill prepared by the Society of
Victimology in 1995;
Amendment
of
the
criminal
procedure Section 357(A); Every
state government shall prepare a
scheme for providing funds for
compensation to the victims or its
dependents who have suffered
loss as a result of crime and
requires rehabilitation.
Justice Albie Sachs
of South Africa
“Constructive healing and
not destructive punishment
should be the primary and
foremost goal of victim
policy and victim services”
THANK YOU FOR YOUR
ATTENTION
ANY QUESTIONS PLEASE
[email protected]
Sankar Sen, IPS (Retd.)
Former Director General - NHRC
Senior Fellow
Institute of Social Sciences
8 Nelson Mandela Road
Vasant Kunj, New Delhi – 110 070, INDIA
Tel: 0091-011-43158800