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Rights of Crime Victims: NEED FOR BETTER DEAL, By Dr S Saraswathi, 5 February, 2013 Print E-mail

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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