VICTIMOLOGY PROJECT REPORT ON

LEGAL AND HUMAN RIGHTS OF VICTIMS

SESSION- 2021-22

SUBMITTED TO:
Dr. GEETA JOSHI,
Prof. VIJAY NAGPAL SUBMITTED BY:
REETIKA
ROLL NUMBER-1226/21
LLM, SEMESTER-1

DEPARTMENT OF LAWS,
PANJAB UNIVERSITY, CHANDIGARH
 ACKNOWLEDGEMENT

The success and final outcome of this project required a lot of guidance and assistance from
many people and I am extremely fortunate to have got that all along the completion of my project
work. Contributions of various people have resulted in this effort. Firstly, I would like to thank
the God for the knowledge he has bestowed upon me.

I owe my profound gratitude to Dr. Geeta Joshi and Prof Vijay Nagpal, who guided me all
along, till the completion of my project by providing all necessary information for the project
report.

I am thankful and fortunate enough to get constant encouragement, support and guidance from
my friends for having kept the flame of competition burning, which spurred me on through these
days.

I would like to thank my parents, who have been a support to me throughout my life and have
helped me, guided me to perform my best in all interests of my life and also who have always
inculcated best of their qualities in me.

Reetika

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 TABLE OF CONTENT

PARTICULARS PAGE NO.

INTRODUCTION 5
WHO IS A VICTIM 6
VICTIMOLOGY 6
VICTIM AND LEGAL RIGHTS 7-9
VICTIM AND HUMAN RIGHTS 10-11
VICTIM RIGHTS AT INTERNATIONAL LEVEL 11-12
VICTIM RIGHTS: INDIAN POSITION 12-15
ROLE OF JUDICIARY 15-17
SUGGESTIONS 18
CONCLUSION 18
REFERENCES 19

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 TABLE OF CASES

NAME OF THE CASE PAGE NO.

CHAIRMAN, RAILWAY BOARD v. CHANDRIMA DAS 16

CUSTODIAL TORTURE OF RAKESH KUMAR VIJ BY UP POLICE 17

DELHI DOMESTIC WORKING WOMEN FORUM v. UNION OF INDIA 11, 16

HARI SINGH v. SUKHBIR SINGH 16

NILABATI BEHARA v. STATE OF ORISSA 16

RATAN SINGH v. STATE OF PUNJAB 15

RUDAL SHAH v. STATE OF BIHAR 16

STATE OF M.P. v. SHYAMSUNDER TRIVEDI 15

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 INTRODUCTION

The main objective of criminal justice system in any country is to protect the rights of the
individual and the state against intentional infringement of the basic norms of the society by
unscrupulous persons. This objective is sought to be achieved by ensuring that the accused is
punished in accordance with law, in the process of which every measure is taken to ensure that
the rights of the accused is safeguarded.

However it is disgusting to note that the system do not give much similar concern for the victims
of crime, who are the “bye products of the crime”. It is always presumed that when the offender
is convicted and punished, the victim’s claims are sufficiently satisfied. However the reality is
far from true. In any criminal case, the victim is considered only as an informant for the material
source of evidence and in most cases, as an informant, he sets the criminal process in motion by
reporting the crime to the police.

But after that he has no further role to play unless the police consider it necessary. Even if it is
decided to proceed, in most cases he is harassed under the guise of collecting adequate
information. Later in the trial stage, where he is required to participate as a prosecution witness,
his position becomes more vulnerable because of several factors like frequent adjournments,
indifferent attitudes of judges, questioning by prosecutor and the defence lawyer etc.

Moreover as he is the material source of information, he has to identify the suspects which again
put him at the risk of being intimidated by the accused/suspects. His life and safety is put at peril.
Thus victim in the criminal justice system feels not only dejected but becomes a victim of
“secondary victimisation” by the criminal justice system.

Hence modern victimologists argue that the traditional presumption that victim’s justice is
satisfied on the conviction of the offender is farce and it is unjust, unfair and inequitable.

They argue that the state’s primary responsibility is to protect the life, limb and property of its
subjects and the crime victim suffers because of state’s failure in protecting his life, limb and
property. Hence State has an obligation to ensure equal fairness and justness to the crime victim
as that of the offender. It is really a matter of solace that the recent trends of criminal justice
policy in most countries exhibit a victim centric perspective in their criminal justice. In fact in
recent times, there is an exponential expansion in victim related norms in international human
rights law which points to the prominent position they have assumed in the present scenario.

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Though there are some debates as to victim’s participatory rights in trials and sentencing
procedures, there is wide consensus as to their protective rights and reparative rights. Victim’s
compensatory rights have assumed maximum prominence in the modern criminal justice system
that almost all the developed countries have comprehensive legislation in this area.1

WHO IS A VICTIM?

The legal definition of victim includes a person who has suffered direct or threatened physical,
emotional or pecuniary harm as a result of the commission of crime; or in the case of victim
being an institutional entity, any of the harms by an individual or authorised representative of
another entity. Thus victim of crime refers to any person, group or entity who has suffered
injury, or loss due to illegal activity and the harm may be physical mental or economic.

As per UN Declaration of Basic principles of justice for victims, 1985, Victim is defined as
“persons who, individually or collectively, have suffered harm, including physical or mental
injury, emotional suffering, economic loss or substantial impairment of their fundamental rights,
through acts or omissions that are in violation of criminal laws operative within the member
states, including those laws proscribing criminal abuse of power.” Thus any person who has
suffered harm because of violation of criminal law is a victim. Harm may be physical, mental,
economic or emotional in nature. The definition seems wide enough to include both natural and
artificial persons, individual and collective groups and also the dependants of the victim. The
Basic principles also stipulate that a person will be considered as victim even if the offender is
not identified, apprehended or prosecuted. Term victim also includes persons who have suffered
harm as a result of assisting victims in distress or to prevent victimisation. The definition of
victim in other international Human rights instruments are also in similar lines.

As per Code of criminal procedure, victim means a person who has suffered any loss or injury
caused by reason of the act or omission for which the accused person has been charged and the
expression includes guardians and legal heir of the victim. This definition which was
incorporated by the 2008 criminal procedure (Amendment) Act, 2008, is a step in positive
direction. However the term “for which the accused is charged” shows the restrictive nature of
this definition. The definition is narrow when compared to the definitions provided in other
International human rights instruments. Moreover for every crime that is committed, there are at

1 Available athttps://thelawbrigade.com/wp-content/uploads/2019/05/AnusreeA.pdf
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least two victims. One is the public/ society, who suffers due to the violation of criminal law and
the other, is actual individual who has suffered injury to person, property or reputation.2

VICTIMOLOGY

The word “victimology” was coined in 1947 by a French lawyer, Benjamin Mendelsohn from a
Latin word victima which referred to a person or animal sacrificed in a religious ceremony and
Greek word logos, which means science of victims. Victimology is essentially an investigation
of crime from the perspective of the victim, of the persons experiencing damage or devastation
by activity of someone else or a gathering of persons.

Thus Victimology is:

‘The scientific study of the extent, nature, and causes of criminal victimization, its consequences
for the persons involved and the reactions hereto by society, in particular the police and the
criminal justice system as well as voluntary workers and professional helpers.’3

VICTIM AND LEGAL RIGHTS4:

The advocates for victim’s rights suggest that there is a need for a paradigm shift in criminal
justice from retributive justice to restorative justice. This will enhance the visibility of victim in
the legal process, by involving him in terms of participation and restoration. Today, the
understanding of justice includes accessibility to courts of law. The victims approach the system
and give their testimonies only if the system provides them and their family adequate protection.
It is imperative to the criminal justice system to show concern for victim’s interests by
incorporating and addressing their needs. This is going to be a fairly bigger challenge for the
criminal justice system in advancing the interests of victim’s within the contours of law and
justice, without erosion of fair trial and rights of accused.

2 Supra 1
3 Available at
https://www.lkouniv.ac.in/site/writereaddata/siteContent/202004120812184884omendra_yadav_SW_Victimolog
y_and_Victims_Rights.pdf
4 Available at http://shodhganga.inflibnet.ac.in:8080/jspui/bitstream/10603/226732/11/11_chapter-

iii%20victims%ef%bf%bd%20rights%20%ef%bf%bd%20a%20conceptual%20analysis.pdf
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In the past two or three decades, there has been a strong movement to acknowledge victims’
rights in traditional criminal proceedings. This movement has focused on enacting law to codify
the rights of victims. Today, the rights of victims are required to be clearly defined by taking into
consideration the unique concerns of distinct victims such as sexual assault victims, domestic
violence victims, child abuse or neglect victims, victims of abuse of power, victims with
disabilities, victims of hate-motivated crimes etc., These groups have to be provided rights and
remedies to address their special needs, such as restraining orders for domestic violence victims,
videotaped testimony and testimonial aids for child victims, and protective services for elderly
victims.

However, the victim’s rights can be in general be classified in to following categories:

I. Right to be treated with dignity and respect

The right to be treated with dignity and respect asserts that crime victims will be treated with
sensitivity during all phases of justice processes and by all the agents of justice system. This
critical right needs to be included in all statutes that define victims’ rights. The Indian Criminal
Justice System governed by Code of Criminal Procedure doesn’t contain any provision securing
the victim the right to be treated with dignity and respect. The nearest approach in this regard is
special treatment of victims of sexual abuse or rape cases. However, this right is protected as a
fundamental right under Art.21 of the Constitution. Article 21 of the Constitution in its broad
perspective seeks to protect the persons of their lives and personal liberties except according to
the procedure established by law. The said article in its broad application not only takes within
its fold enforcement of the rights of an accused but also the rights of the victim.

II. Right to notification

The criminal justice system is often required to provide general information of interest to
victims. Most states also give victims or their families the right to be notified of important,
scheduled criminal proceedings and the outcomes of those proceedings. They also notify victims
when hearings have been canceled and rescheduled. Victim notification is considered to be the
threshold right from which all other victims’ rights emanate. .

If crime victims are unaware that they even have rights, they will be unable to exercise them.
Victim notification is generally provided in person by the court official or service provider; by
telephone; by letter and by e-mail. Further it may be through technology that places automated
calls to victims or allows them to callinto a computerized system

for case status updates and also by uploading the status of cases on the websites of Courts.

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 III.Right to be present

A victim’s right to be present (referred as the right to attend), by the simplemeaning of its terms,
asserts the right of a victim to be physically present during criminal justice proceedings. Few
States like America, Germany have defined the right to be present though varying in degrees of
specificity. Some states mandates state the right in near absolute terms (e.g., “Victims shall have
the right to attend all criminal justice proceedings that the defendant has the right to attend”).
Others establish a rebuttable presumption regarding a victim’s right to attend, allowing judges
considerable discretion in its application. In India the Code of Criminal Procedure, is silent about
this important right of victim. There are no express provisions which provide the victim a right to
be present during the trial.

IV. Right to be heard

A victim’s right to be heard provides that victims have a voice at critical hearings relatedto their
cases, from bail and bond hearings to sentencing and parole hearings. This rightallows victims to
express their concerns about the status of their offenders and, in thecase of a Victim Impact
Statement (VIS), the opportunity to tell the court or parolingauthority about the physical,
psychological, financial, social, and spiritual impact thecrime has had on them and their families.
The right to be heard has been extended by statute to include other stages of the criminal justice
system such as pretrial release hearings, bail hearings, disposition of plea agreements, before a
probation agreement,etc.

V. Right to reasonable protection from intimidation and harm

This right is to enhance the personal safety of victims and prevent analleged or convicted
offender from intimidating, threatening, or harming them in future. Legislations related to victim
protection in many forms are to be enacted.

VI. Right to Restitution

Restitution is the oldest of the victims’ rights. The concept of restitution dates back thousands of
years. Restitution statutes were among the first victims’ rights laws passed nearly 50 years ago.
Restitution is a civil remedy that is applied to criminal cases in an attempt to restore to the extent
possible the crime victim to his or her pre-offense state. It also serves to prevent unjust
enrichment of the offender.

VII. Right to Information

A victim’s right to information and referral to include the provision of information about basic
victims’ rights, the justice process, community and system based services that are available to
help victim survive the post crime situations.

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 VIII. Right to apply for compensation (for violent crime victims)

Victim compensation programs reimburse violent crime victims for crime-related expenses that
are not covered by collateral sources—such as medical costs, mental health counseling, funeral
and burial costs and lost wages or support.

IX. Right to Speedy Trial

A victim’s shall have a right to speedy disposal of the case without unreasonable delay. It means
that the court is required to consider any adverse impact the delay may have on the wellbeing of
the victim when an application is moved before it by the defense for the adjournment of the trial
for whimsical reasons. Also the defense shall be ordered to reimburse the expenses of the victim,
every time when trial is delayed by the defense.

X. Rights to privacy

The victim’s right to privacy will ensure at least two things. One is protection of victim’s contact
details and second right against disclosure of the identity. These two rights are so important to
protect the victims from further victimization, harassment and intimidation by the offender.

VICTIM AND HUMAN RIGHTS5

Human rights are rights that every human being has by virtue of his or her human dignity. They
have been described as inalienable rights in the sense that without them life lived is not fully
human life. They have four major characteristics i.e., universal; inherent; invisible and
inalienable.

On December 10, 1948, the United Nations (UN) General Assembly unanimously passed a
resolution approving the Universal Declaration of Human Rights (UDHR) as a common standard
of achievement for all peoples and of nations. The thirty articles of the Universal declaration
cover almost the entire range of human rights. In 1966, two international covenants were enacted
to give effect to the Universal Declaration i.e:

 On Economic, Social and Cultural Rights; and

 On Civil and political rights

5 Available at http://www.legalserviceindia.com/legal/article-4494-an-analysis-on-victims-compensation-a-human-
rights-approach.html
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The basic philosophy that lay behind the international covenants is that realization of the rights
incorporated in the UDHR is possible only if every human being has civil and political rights as
well as economic social and cultural rights. The UDHR declares in Article 8: Everyone has the
right to an effective remedy by the competent national tribunals for acts violating the
fundamental rights granted him by the Constitution or by law.

In current scenario the human rights are the concern of the International community as a whole
since they are the rights that every human being has. Apart from giving legal sanctity to Human
Rights, now there is a trend even to pay compensation to the victims of Human Rights violations.

The national conviction rate in India for offenses of the Indian Penal Code is only around 46%.
Hence we need to look at whether the human rights of victims are being protected. Whether the
victims of crime being adequately compensated and guilty getting adequately punished.

Declaration of basic principle of justice for victims of crime and abuse of power

In 1985, to improve the plight of victims UN general assembly adopted the Declaration of Basic
Principles of Justice for Victims of Crime and Abuse of Power. It includes a number of rights of
victims.

The recognition of these rights is possible when appropriate legal, administrative, and policy
decisions are made to ensure justice to the victims of crime. They are:

 Right to protection from crimes through policy and the law;

 Right to Information from organizations of criminal equity framework at each stage.
 Right to help at each stage; such help will incorporate clinical money related and
legitimate guide.
 Right to gracious and human treatment.
 Right to compensation from guilty parties.
 Right to remuneration from State.
 Right to mediate at any phase of the procedures through direction, including the option to
look for audit or endorsement.

The Supreme Court of India has adopted new methods for the purpose of making human rights
meaningful even to the victims of crime. In Delhi Domestic Working Women's Forum V Union
of India6, the Delhi Domestic Women's Forum filed a writ petition in the Supreme Court under
Article 32 of the Constitution to espouse

6 (l995)1 SCC 14
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the pathetic plight of four domestic servants who were subjected to indecent assault by seven
army personnel in a train.

The Forum urged the Supreme Court to spell out the parameters on compensation to victims of
rape. Taking note of the seriousness of the matter, the Supreme Court suggested to the
Government to set up a Criminal Injuries Compensation Board, in order to award compensation
to the victims of rape, whether or not a conviction has taken place. At the same time, the court
directed the trial courts to award compensation to the victims of sexual assault on conviction.

VICTIM’S RIGHTS: AT INTERNATIONAL LEVEL

At the International arena, the adoption by the General Assembly of the United Nations at its
96th Plenary on November 29, 1985, of the Declaration of Basic Principles of Justice for Victims
of Crime and Abuse of Power, (hereafter UN Declaration) constituted an important recognition
of the need to set norms and minimum standards in international and national legal framework
for the rights of victims of crime.

The UN Declaration recognised four major components of the rights of victims of crime:

I. access to justice and fair treatment;

II. restitution
III. compensation
IV. rehabilitation.
i. Access to justice and fair treatment – This right includes access to the mechanisms of
justice and to prompt redress, right to be informed of victim’s rights, right to proper
assistance throughout the legal process and right to protection of privacy and safety.
ii. Restitution – including return of property or payment for the harm or loss suffered;
where public officials or other agents have violated criminal laws, the victims should
receive restitution from the State.
iii. Compensation – when compensation is not fully available from the offender or other
sources, State should provide financial compensation at least in violent crimes, resulting
in bodily injury for which national funds should be established.
iv. Assistance – victims should receive the necessary material, medical, psychological and
social assistance through governmental, voluntary and community based means. Police,
justice, health and social service personnel should receive training in this regard.

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 VICTIM’S RIGHTS: INDIAN POSITION

LEGAL FRAMEWORK:

1. Victims‟ Compensation in the Criminal Procedure Code, 1973 u/s 357-59

Section 357(1) concerns itself with the grant of compensation out of the fine imposed on the
offender at the time of sentencing the convict. Sub-clause 1(a) of Section 357 empowers a
criminal court to indemnify the prosecuting agency against expenses incurred in the prosecution
by way of fine imposed on the convict. Sub-Clause 1(b) of Section 357 entitles the court to
award compensation for any loss or injury caused by the offence to the victim but this is subject
to the condition that compensation must be recoverable by the victim in a civil court. This
condition i.e. the word “recoverable” may be construed in two ways: 1. That the victim is
entitled to sue the offender for damages in a civil court and that the offender is liable to pay, 2.
That the offender had the capacity to pay the compensation. Section-358 of the Criminal
Procedure Code, 1973 provides for payment of compensation up to Rs. 100/- to persons
groundlessly arrested. While sub-clause (3) of Section 359 of the criminal procedure code, 1973
empowers a court to award costs in non-cognisable cases to the complainant who is generally a
victim of the crime, from the offender, providing further that if the offender did not pay costs as
ordered, he shall suffer simple imprisonment up to 30 days.

In crux the following are the salient features of the Criminal Procedure Code (Amendment) Act,
2008: 1) “Section 357A.

(1) Every State Government in co-ordination with the Central Government shall prepare a
scheme for providing funds for the purpose overcompensation to the victim or his dependents
who have suffered loss or injury as a result of the crime and who require rehabilitation.

2) Whenever a recommendation is made by the Court for compensation, the District Legal
Service Authority or the State Legal Service Authority, as the case may be, shall decide the
quantum of compensation to be awarded under the scheme referred to in sub-section (1).

3) If the trial Court, at the conclusion of the trial, is satisfied, that the compensation awarded
under Section 357 is not adequate for such rehabilitation, or where the cases end in acquittal or
discharge and the victim has to be rehabilitated, it may make recommendation for compensation.

4) Where the offender is not traced or identified, but the victim is identified, and where no trial
takes place, the victim or his dependents may make an application to the State or the District
Legal Services Authority for award of compensation.

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5) On receipt of such recommendations or on the application under sub-section (4) the State or
the District Legal Services Authority shall, after due enquiry award adequate compensation by
completing the enquiry within two months.

6) The State or the District Legal Services Authority, as the case may be, to alleviate the
suffering of the victim, may order for immediate first-aid facility or medical benefits to be made
available free of cost on the certificate of the police officer not below the rank of the officer in
charge of the police station or a Magistrate of the area concerned, or any other interim relief as
the appropriate authority deems fit.”7

Compensation to the Victims in the Special Laws

I. Under the Probation of Offenders Act,1958:

According to Section 5 of Probation of Offenders Act, 1958, a court directing the release of an
offender under Section 3 or under Section 4 of the Act may, if it thinks fit, at the same time, a
further order directing him to pay such compensation as the court thinks reasonable for the loss
or injury caused to any person due to the commission of the offence by him.

II. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, provides the
monetary relief to the victims of crime ranging from Rs 25,000 to 2,00,000 depends on the
nature of offence and circumstances of the case. Generally 25 per cent of the monetary support is
provided at the time of submission of charge sheet, 75 per cent at the time of conviction by the
lower court but in case of heinous crimes as murder, the victims are provided 75 per cent relief
after the post-mortem and 25 per cent at the time of conviction by the lower court. In case assault
on the women with intention to dishonour or outrage her modesty and exploit her sexually, 50
per cent of the monetary relief is given at the time of medical examination and the remaining 50
per cent of the relief is given at the end of trial respective of the outcome thereof.

However, the field reality is that majority of cases registered under SC/ST Act are not reaching
to the logical conclusion. As the matter of fact in 70 per cent cases the accused are not punished
by the court due to procedure lapses.

The recent example is judgment delivered by Nagpur Bench Bombay High Court in CBI v Sakru
Mahgu Binjavar & Others. This judgment has received sharp reactions from Dalit leaders as well
as human right activists across the country broadly on two aspects; i) It commutes the Trial Court
death penalty for the accused to life imprisonment; ii) It refuges to accept the killings as Caste

7Available at
https://www.lkouniv.ac.in/site/writereaddata/siteContent/202004120812184884omendra_yadav_SW_Victimolog
y_and_Victims_Rights.pdf
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atrocity. In view of this, how far the provisions of the Acts in providing monetary relief to the
victims of caste atrocities could have been useful is the subject of further inquiry?

III.The Custodial Crimes (Prevention, Protection and Compensation) Bill, 2006

The proposed bill aims to prevention and protection against custodial crimes and also provides
compensation to the victims of custodial offences.

IV. The Communal Violence Bill, 2005

The Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill, 2005 provides
for (a) prevention and control of communal violence, (b) speedy investigation and trials, and (c)
rehabilitation of victims.

Currently, the National Advisory council( NAC), Government of India has constituted a core
group of human rights activists to examine the efficacy and effective of the bill in the context of
rights based approach to the victims of communal violence.

V. Prevention of Torture Bill, 2010

The Prevention of Torture Bill (passed by Lok Sabha without any debate on 6 May 2010 and
Rajya Sabha referred the Bill to a select committee on August 31, 2010), in its present form, is
being dubbed by the commentators as the “ Sanction of Torture Bill”.

The critique of the proposed bill is made on mainly on two aspects-definition of torture and weak
redressal mechanism; and lack of compensatory provisions for the survivors of torture and their
families.

ADMINISTRATIVE MEASURES

During last decade, the Government of India has framed various schemes to strengthen victim’s
justice however their implementation at grassroots level has always been questioned due to
procedural lapses.

Among others, the following schemes are worth mentioning;

a) Scheme for relief and rehabilitation of victims of rape

b) Scheme for compensation to the victims of violence by left wing extremists
c) Central Schemes for Assistance to victims of terrorist and communal violence
d) Rehabilitation packages to provides relief to the victims of 1984 riots

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e) Ujjawala Scheme for prevention of trafficking and rescue, rehabilitation and reintegration of
victims of trafficking for commercial and sexual exploitation

ROLE OF JUDICIARY IN PROTECTING VICTIM’S RIGHTS

The Indian judiciary has played an important role in protecting the rights of victims through its
judgments and directions. The Indian criminal justice system allows the accused to enjoy various
rights, but the victim has been neglected and his position is relegated just to that of a witness.
Observing this discrepancy, the judiciary started showing concern towards the victim’s rights
during 1980s.

Highlighting the apathy shown to the victims Krishna Iyer J in RatanSingh v. State of Punjab8,

has rightly held “It is a weakness of our jurisprudence that victims of crime and the distress of
the dependents of the victim do not attract the attention of law. In fact, the victim reparation is
still the vanishing point of our criminal law. This is the deficiency in the system, which must be
rectified by the legislature.”

It was observed by the Supreme Court in the case of State of M.P. v. Shyamsunder Trivedi9 that
the exaggerated adherence to and insistence upon the establishment of proof beyond every
reasonable doubt, by the prosecution, ignoring the ground realities, the fact situation and the
peculiar circumstances of a given case often results in miscarriage of justice and makes the
justice delivery system a suspect. In the ultimate analysis, the society suffers and a criminal gets
encouraged. Sometimes it is stated that only rights of the criminals are kept in mind, the victims
are forgotten.

In Hari Singh v. Sukhbir Singh10, the Supreme Court observed that courts have seldom invoked
Section 357 of Cr.P.C. perhaps due to the ignorance of the object behind it. The power under
Section 357 is intended to assure the victim that he is not forgotten in the criminal justice
administration. The court recommended that the power of the courts to award compensation
under this section be exercised liberally so as to meet the ends of justice in a better way.

8 (1974) 4 SCC 719

9 (1995) 4 S.C.C. 262.
10(1988) 4 S.C.C. 551

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Compensatory Jurisprudence Evolved by the Supreme Court

The Supreme Court of India has played the most commendable role in evolving compensatory
jurisprudence for the victims. Some of the landmark cases in which the Supreme Court provided
compensation to the victim include Chairman, Railway Board and Others v. Mrs. Chandrima
Das11, in which the Supreme Court ordered compensation to the rape victim, who was a
Bangladeshi national, by the government for the rape committed in the Yatri Niwas managed by
the Indian Railways at Howrah Station.

Then again, in Nilabati Behara v. State of Orissa12, the Court ordered compensation for
custodial killing of the victim by the police in the State of Orissa. In both the cases, the Court
held that victims’ fundamental rights under Article 21 of the Constitution of India, 1950 were
violated.

In Rudal Shah v. State of Bihar13, the Supreme Court made it categorically clear that the higher
judiciary has the power to award compensation for violation of fundamental rights through the
exercise of writ jurisdiction and evolved the principle of compensatory justice in the annals of
human rights jurisprudence.

Thus, the role of the Supreme Court in this direction is laudable. The only thing required is the
assistance of the legislature in the form of comprehensive law on victims’ compensation and
rehabilitation and executive assistance in the form of better implementation of the law.

Broad Guidelines by the Supreme Court for the Assistance of Victims of Rape

Shocked and aghast at the plight of the rape victims, the Supreme Court in Delhi Domestic
Working Women’s Forum v. Union of India14 laid down broad guidelines for the assistance of
the rape victims:

• The complainant of sexual assault cases should be provided with legal representation. It is
important to have someone who is well-acquainted with the criminal justice administration. The
role of the victim’s advocate would not only be to explain to the victim the nature of the
proceedings, to prepare her forthe case and to assist her in the police station and in the court, but
to provide her with guidance as to how she might obtain help of a different nature from other
agencies, e.g., counseling through medical assistance. It is important to secure continuity of
assistance by ensuring that same person who looked after the complainant’s interests in the
police station, represent her till the end of the case.
• Legal assistance will have to provide at the police station.
• The police should be under a duty to inform the victim of her right to representation.

11 (2000) 2 S.C.C. 465

12 (1993) 2 S.C.C. 746
13 (1983) 3 S.C.C. 508

14 1995(1) S.C.C. 14

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• A list of the advocate willing to act in those cases should be kept at the police station for the
victims who did not have particular lawyer in mind, or whose lawyer was unavailable.
• In all rape trials, anonymity of the victims must be maintained as far as necessary.
• It is necessary, having regard to the Directives Principles of State Policy (D.P.S.P.) under
Article 38(1) of the Constitution of India to set up Criminal Injuries Compensation Board
(C.I.C.B.). Compensation to the victim shall be awarded by the court on the conviction of the
offender and by the C.I.C.B., whether or not the conviction has taken place. The court shall take
into account the pain, suffering and shock as well as loss of earning due to pregnancy and the
expenses of child birth, if this occurred as a result of the rape.

Right to Victim’s Rehabilitation

In a landmark case – Custodial Torture of Rakesh Kumar Vij by Uttar Pradesh Police (NHRC
Case No. 12982/96-97), the NHRC asked the UP Government to constitute a Medical Board to
assess the extent of physical disability suffered by the victim due to torture by UP Police. The
Medical Board gave a report to the Commission, stating that the victim did not suffer from any
gross structural damage, on which the victim raised doubts and communicated to the
Commission. In view of grave apprehensions of miscarriage of justice, the Commission got the
victims examined by the Delhi Trauma and Rehabilitation Centre, which gave an entirely
different report and assessment.

Then, the Commission thus directed the UP Government to pay Shri Rakesh Vij Rs. 10 lakhs by
way of immediate interim relief. The Government was also directed to arrange for the complete
medical treatment of victim. The expenses of the treatment as well as the traveling expenses of
victim along with one attendant, from his native place to the place of medical treatment at
AIIMS, New Delhi or PGI, Lucknow would also be borne by the State Government. This way
the Commission has recognised the right to rehabilitation of victims in holistic manner.

SUGGESTIONS15

 India should adopt and ratify U.N. Declaration of Basic Principles of Justice for Victims of
Crime and Abuse of Power, 1985 as soon as possible which will show her commitment to
make its criminal justice administration more victims oriented.
 A comprehensive legislation at the central level is required for victim compensation and
rehabilitation which will be obligatory for the state government to follow.

15 Available at http://docs.manupatra.in/newsline/articles/Upload/D4A9C7F0-8A98-4E34-B88E-0145775149D7.pdf
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 Police should be sensitized towards the rights and plights of the victims.
 Victim Impact Assessment (VIA) should be made an integral part of Indian criminal justice
administration.
 Victim should have a prominent say in criminal justice right from filing of the First
Information Report (FIR) till the conviction and sentencing of the accused. They should be
allowed to play active part in investigation and trial stage.
 A panel of lawyers should be available to provide legal assistance to the victims as soon as
the matter is reported to the police, as per the guidelines of the Supreme Court.
 The efforts of Indian Society of Victimology (I.S.V.), Chennai must be commended by the
government and if possible, a periodic grant should be made to them. If the efforts of I.S.V.
are channelized in proper direction, they can play a very prominent role in the area of victim
assistance. The research conducted by them can be of great help to the government and
NGOs working in the field of victim assistance.

CONCLUSION

The place of victim in the criminal justice system has always been nominal one as it is today.
Though the criminal justice system has changed its purview and the legislature and courts have
been playing a significant role in the expansion of the rights of victims of crime in the criminal
justice administration of the country, yet the victims have not received their due concern and
their rights have not been given due importance.16

The movement for victim assistance will have to go a long way before any tangible result can be
produced. The endeavour must be to make the victim an integral entity of the criminal justice
administration from the present status of forgotten entity in the criminal justice administration.
No criminal justice administration can afford to ignore the rights and plights of the victims of the
ever increasing number of crimes. The plights of the victims are many and varied, and hence it
requires greater attention by the criminal justice administration. The need is to make the system
more sensitive to the plights of the victims.

16Available at http://shodhganga.inflibnet.ac.in:8080/jspui/bitstream/10603/226732/17/17_%20chapter-
ix%20conclusions%20and%20suggestions.pdf
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 REFERENCES

https://www.lkouniv.ac.in/site/writereaddata/siteContent/202004120812184884omendra_yad
av_SW_Victimology_and_Victims_Rights.pdf
 https://thelawbrigade.com/wp-content/uploads/2019/05/AnusreeA.pdf
 http://shodhganga.inflibnet.ac.in:8080/jspui/bitstream/10603/226732/11/11_chapter-
iii%20victims%ef%bf%bd%20rights%20%ef%bf%bd%20a%20conceptual%20analysis.pdf
 http://www.legalserviceindia.com/legal/article-4494-an-analysis-on-victims-compensation-a-
human-rights-approach.html
 http://docs.manupatra.in/newsline/articles/Upload/D4A9C7F0-8A98-4E34-B88E-
0145775149D7.pdf
 www.scconlin.com
 www.manupatra.com

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