Position Of Victims In Criminal Justice System With Special Reference To The Right Of Victim Compensation In India And The World
Mansi Gaba, Asian law college
ABSTRACT
The rights of the victims are not majorly discussed in Indian society and it has always been the secondary concern of the Indian criminal justice system. It is well said that victims are the forgotten part of our justice system. The primary concern has always been the rights of the offender, his correctional needs and protection of all his basic rights until proven guilty. The recognition of the need to provide services to victims to help them recover from the effects of crime had been taken for granted for years. It was only until 1970s when the movement of victimology came into being and developed awareness around the rights and necessities of victims of crimes. Certain rights for victims such as the right to compensation, right to speedy trial and the right to restitution were introduced in this era. The principal aspects of victims support lies in the compensation for his injuries which also read as an integral part of “right to life” by Indian judiciary. The UN Declaration on Basic Principles of Justice for Victims and Abuse of Power was adopted by the General Assembly in 1985 to introduce the mechanism of compensation. The vulnerability of victims is easily found in a country like India which has a background of poverty and socio-economic inequality. The position of victims in India is essentially adverse if the offenders seem to be wealthy and mighty. Though the gradual steps have been taken by the Indian Legislature and Judiciary to develop the principles by which compensation could be provided to the victims of crime and their dependents. This paper will study the evolution of victim compensation as one of the fundamental right of victims and analyze the victim compensation schemes taken up by different states of India.
Keywords: victimology, universal declaration on basic principles of justice for victims and abuse of power, victim compensation, socio-economic inequality.
