The Indian Constitution in Achieving Justice

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CONCLUSIONS AND SUGGESTIONS The Preamble to the Indian Constitution invokese`justice — Social, economic and political)) as a core principle. Victimes of crime being components of criminal justice are, therefore, also entitled to share the promises of social justice contained in the Constitution. Novel concept of victomology is a step in the direction of fulfilling the avowed promises made by the framers of the Constitution.

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The corpus juries of India is bereft of statutory awareness of victomology in any significant measure. So far the present law being seemingly inadequate and fragmentary in nature, real justice to victims appears a distant possibility. The answer could lie in attributing a more active role to the State, more so when it claims to be a Welfare State Therefore it is submitted that the State compensation scheme •should be introduced for the victims. However, it should be confined 10 more violent crimes only. The motion of compensation is a sound one and a society that recognises this responsibility to its members is an incentive for law enforcement. But before making such an attempt the very basis and need for compensation has to be considered. Is compensation a right or is it to be awarded in extreme need . Should courts prescribe a. maximum or minimum quantum of award ? Should specialized bodies conduct the proceedings ? These are some of the significant questions that require suitable answers. However, in compensation settlement the community should not be the end sufferer. Retribution should be within limits, and for this purpose the victim-offender relationship can be studied to bridge the gap between the two. In any case the offender should not be the one to gain. Tangible community assistance could dilute the retaliatory desire of the victim of crime. Various compensation schemes of other countries can help in understanding the issues but they are not exactly viable in our own criminal justice system. Under our system offence is regarded as state. The whole problem underlying our compensation law is the inability to meet the rescues of it in the light our socio-economic environment. Compensation means funds and mobilisation of the same and earmarking overruns for payment is a major need. Then there are crimes that cannot be measured or made up in. terms of monetary compensation especially in cases of rape that affects the victim psychologically as well as physically. In the words of the apply court of the land itself. In our society, besides the stigma. The practical problem. which comes on fore as aftermath of rape is loneliness and desertion by the husband and the family. This is more true in rural areas of the country. consequently such a woman is left to starve, and thrown into the damage of repletion of the crime on her again and again.

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