Events & Issues
New Delhi, 5 February 2013
Rights of Crime
Victims
NEED FOR BETTER
DEAL
By Dr S Saraswathi
(Former Director,
ICSSR, New Delhi)
The Government may have exhibited its serious intent of
checking crimes against women by promulgating an ordinance to make the law
against sexual harassment more stringent, however, it could do one better if it
enlarges its canvas.
In the wake of several crimes against girls and women, the
question of the rights of the victims has surfaced as a neglected area in the
criminal justice system in the country. This needs to be addressed as the penal
laws focus on crimes and criminals and almost exclude the victims.
There is practically no crime without one or more victims.
They receive physical and mental injury, and/or material loss and emotional
pangs. While the rights of the accused and the suspects are established by laws
and judicial procedures, little protection is guaranteed to the victims.
The concept of victims’ rights is rather new. Their
interests and any compensation for the losses they have suffered are sought to
be safeguarded mostly by the executive orders of the Government.
Victimology--- a term
that came into vogue in the 1940s – is the scientific study of the
extent, nature, and causes of criminal
victimization, its consequences on the person(s) involved and the reaction of
the public and the law enforcing authorities and the judiciary.
Among other things, it deals with two main issues
surrounding the victim of a crime. One is victim-offender relationship, and the
other, the welfare of the victim. The latter that has been ignored for a long
time, is presently receiving some attention in criminology. The criminal
justice system in India
has to catch up with the trend in other parts of the world. It has to provide a
better deal for the actual and
potential victims of crimes.
The UN General Assembly adopted the Declaration of Basic
Principles of Justice for Victims of Crime and Abuse of Power in 1985. It
recognized four major components of the rights of victims, namely, access to
justice and fair treatment; restitution; compensation; and assistance. However,
these declarations are not legally binding on the member-States.
In the US,
many States have enacted Victims’ Bill of Rights in the 1980s. At the federal
level, the Victims’ Rights and Restitution Act was adopted in 1990. In Canada also,
each province has its own bill of rights for victims. In Britain, a
Victims’ Charter of Rights has been issued.
The French legal system permits crime victims to become
parties to the proceedings from the beginning of investigation. A
recommendation to this effect was made by the Malimath Committee in India in 2003.
It has also recommended that victims should have the right to be represented by
an advocate, and should have the right to appeal against any adverse order.
Any victim of a cognizable offence can lodge a complaint at
the police station, and he/she also has the right to approach the Supt. of
Police in case his complaint is not registered by the police. He can even
directly approach a magistrate with his complaint.
But, victims in India remain victims not only of
crimes, but also of systems, social institutions, and circumstances. In fact,
even registering the case by ordinary citizens without “push and pull” is done
against many odds for various reasons including lethargy and lack of awareness
of their rights on the part of the victims.
Potential victims must therefore equip themselves with at
least elementary knowledge about their rights, and means of seeking help from
support system and managing crisis situations. This is not possible without the
active involvement of the police and the judicial machinery, and educational
institutions.
There are three important Central legislations to ensure
minimum protection to the weak and vulnerable groups – (1) The Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Act, 1989: (2) Protection of
Women from Domestic Violence Act, 2005; (3) Maintenance and Welfare of Parents
and Senior Citizens Act, 2007. Besides these, there are laws against dowry,
female foeticide, child abuse, etc. The National Commissions for SC, for ST,
for women, and for protection of child rights have been set up to protect their
rights and interests.
However, there is strong academic and public opinion in India that
actual crime rates are much higher than the number reported especially in
crimes against women. This itself is a testimony to the unenviable plight of
victims seeking justice and protection. Failure to report crimes on the part of
victims may be partly due to the ignorance of the victims, but mainly due to
their distrust in the system in place.
The latter stems from the malaise in the system itself which
discourages the victims from seeking justice. The inordinate delay involved in
the procedures and the feeling of unnecessary embarrassment and harassment
experienced in the course of investigations are indeed powerful deterrent
factors forcing the victims to prefer to suffer their fate silently rather than
seek justice and multiply their woes.
The term “secondary victimization” refers to victimization
of victims on the part of the society and in the hands of the criminal justice
system. Violence caused by crimes is intensified by crude police and judicial
investigations, lack of support and sympathy in many cases, lack of resources
and support system.
Some of these are addressed by regulations such as provision
for in camera investigations and suppression of personal details in crimes
against women, and monetary compensation to victims and their families. The
Government has along with the ordnance sought to amend the Code of Criminal Procedure
and the Indian Evidence Act which it says are intended to “protect the dignity
of the victim any police excesses and facilitate better recording of evidence.”
A welcome move may admit some, but still under-reporting
continues to be a problem in India particularly in crimes against women such as
molestation, eve-teasing, harassment at workplace, dowry demand, domestic
violence, and rape.
After the recent gang-rape case in Delhi, the demand for stringent punishment
for the offenders has grown louder and louder. Crime and punishment are
prescribed by law.
The extent of harm caused to the victim is a determinant of
the gravity of an offence. But to allow the victims or their friends and
relatives to have a say in determining the quantum of punishment in any case
seems to be stretching the rights of victims too far.
For, victims are usually emotionally charged and are prone
to imagine justice in terms of punishing the offender. Retribution is not the
sole aim of punishment. ---INFA
(Copyright,
India News and Feature Alliance)
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