Right To Compensation: Contemporary Trends And Judicial Doctrine
- IJLLR Journal
- 47 minutes ago
- 2 min read
Dr. Sharita Sharma, Assistant Professor, Sikkim Government Law College, Lower Burtuk, Gangtok, Sikkim.
I. Introduction
The Compensation to victim of crime is a matter of concern, throughout the world the condition of the victims of crime is not better. The function of Compensation is straightforward. Compensation serves to right what would otherwise count as wrongful injuries to persons or their property. For a quite, long time the victim was not concern for traditional criminology. It is true that the victim of any serious crime is not getting his due in whole world. We find the human rights always dishonoured by the barbarous acts at the hands of individuals, groups or the sovereign powers. It is the need of the day to recognize and respect human rights in social, cultural, economic and political spheres. By nature, the human rights are indivisible, inter- related and inter-dependent. They are natural rights come by birth as human beings. Separate efforts are not required to get them. Generally, human rights are those rights which are inherent in every human being. In absence thereof human beings are not in position to live as human beings. They are entitled for their enjoyment, protection and enforcement. Human rights are universal equally and also inalienable. They are derived from the principle of natural law, neither derived from the social order nor conferred upon the individual by the society. They reside inherently in the individual human beings independent of and even prior to his participation in the society. Consequently, they are the result of recognition by the state but they are logically independent of the legal system for their existence. Their origin may be sought in the natural law and not in the positive law. They are based on their intrinsic justification and not on their enactment or recognition by certain individuals. Human person possesses rights because of the very fact that it is a person, a whole, a master of itself and of its acts by natural law, the human person has the right to be respected, is the subject of rights, possesses rights. These are things which are owned to a man because of the very fact that he is a man. A human right is a moral right held unconditionally and unalterably by all human beings. Human Rights are often said to belong to persons already prior to and independently of legislative enactment.
However, their protection requires efforts and their violation requires to be Compensated. Victims of crime, either direct or indirect, are human beings. They have every right to get compensated. The Compensation may be awarded against wrongs committed by individuals, groups or agencies of the State. In recent years, Compensation to victims of crime has been introduced in several countries, which has its roots in the concept of protection of human rights.
