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. 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. It is true that no amount of money can repair the chastity which is the most precious asset of an Indian woman, nevertheless if sufficient compensation is granted to her, not depend on others. There is another aspect of the problem two which is singularly peculiar.to the countries like India only. It may be suspi.ring to the literate world community that the case of rape on a minor girl of 11 years is taken cognizance of by the village Panchayat itself and the accused is ordered to pay Rs. 1,000/- only by way of compensation or fine. The victim's family was also satisfied with the decision of the Panchayat. It was only owing to the familiar or inability of the offender to pay even the said meager amount that the case went to the police. Still more, a legal aspect commented with the problem under consideration is whether the courts, while acting under Section 357 of the Cr.P.C., can award interim payment. to the victim. AS noted earlier the law on the point is still not settled. To wit in the Prathinam3 case, and the Bodhisattawa4 case the Supreme Court awarded compensation and interim (WAii maintenance. But in A.K. Singh v. Uttarkhand Jan Morch5 the Supreme Court set aside compensatin awarded by the High Court for molestation in a PIL pending prosecution but granted liberty to aggrieved person to approach the competent court for compensation. A.nd in Mukashbhai Nanubhat Patil v. State of Gufraj.,6 the Gujarat High Court has confined the Bodhisattawa's case to the facts of that case and set aside the order granting interim mainemance pending trial. It would have been better that the Bodhisathawa opinion would have been allowed to prevail but failing which it is submitted that in crimes against women certain mandatory compensation programme must be formulated. In this connection it may also be pointed out that it is increasingly observed that laws enacted for the benefit for all women are misused by a few. There seems to be an alarming tendency of late, for the threat of sexual harassment to be used by women as a weapon to achieve certain ends, be they monetary or emotional or even marital. But this ultimately rebounds to the disadvantage, unfortunately, of all women. Men (and there are more hesitate to employ females, for fear of such (sometimes) unwarranted charges It is, therefore, submitted that laws protecting women must not be abused through false charges. It may not be out of place to point out that rape is not uncommon in cases of mob violence (or riots) coupled with a large number of other offences. Question of compensation to victims of such violence has not been .dealt with in the present study as mob violence usually goes unpunished. Criminal justices are not unanimous on the question as to whether it is out laws that allow mob violence to go unpunished.' But the fact remains that the victim of crime in such cases also becomes a victim at the hands of the investigator.' The judge trying the accused in the Best. e>e)-611 Bakery Case acquitted all of them : the most recent and notorious instance of mob violence going unpunished. This aspect, indeed deserves a separate study. India needs victim compensation programme, the present law being inadequate is the light of the vast scope of the subject. However, to draft such a programme is not an easy task, and a variety of issues will have to be addressed to. Some of the more important of them may be referred to as below (i) The failure of the criminal justice systems in certain counties to pay compensation to the victims. (ii) The thought that the State which lays down rules of behaviour should not only punish violation theory but also ensure compensation to compensates helps liberate victims from feelings of injustice and from thoughts of revenge. (iv) The financial outlay would be better spent on preventing crime by augmenting police manpower, more and better technical .aids for the police. State has a. duty to give priority to this task rather than to remedy the effects of crime. Prevention and enforcement are to be considered more important than post facto remedial action. As such compensation schemes are in the form of State patronage, they might lead to increase in crime, since offenders would lose all sense of responsibility and would not longer care about the victim's fate. This is far from being accepted by any country. (vi) State compensation schemes, especially if they covered damage to property, would make potential efforts. The victim would no longer have any incentive to cooperate in the prosecution of the offender. (vii) A comprehensive plan must be based on the conclusion that the government has failed in its responsibility of protecting its citizens from crime. (viii) Compensation must be available to all victims of crime issespective of the fact whether the accused is convicted or not, or that he cannot be traced. (ix) All expenses incurred such as medical bills and loss of wages must be covered. (x) Any effective compensation plan must provide for a speedy system of compensation. The responsibility of judicial and administrative process to the wants of the victim may be by: (a) Informing victims of their role and the scope and progress of the proceedings and of the disposition of their cases, especially where serious crimes are involved and where they have requested for such information; (b) Allowing the view and concern of victims to be presented and considered at appropriate stages of the proceedings where their personal interests are affected, without prejudice to the accused and consistent with the relevant national criminal justice system (c) Providing proper assistance to victims throughout the legal process; (d) Taking measures to minimise inconvenience to victims, protect their privacy when necessary, and ensure their safety, as well as that of their families and witnesses on their behalf from intimidation and retaliation-, and (e) Avoiding unnecessary delay in the disposal of cased and the execution of orders or decrees granting awards to victims. Informal mechanisms of the resolution of disputes, including mediation, arbitration and customary justice or indigenous practices, should he utilised where appropriate to facilitate conciliation and redress for victims. When compensation is not their: (i) Victimes who are injured badily in serious crimes; and (ii) The family, in particular dependents on the person who have died or had been injured badly. The establishment of funds should be their for the compensation of the victim.Police, justice, health, social service and other should be provided training. CHAPTER VII CONCULUSION AND SUGGESTIONS Social justice is the goal of law so been found under Indian. consititution . lgnorance is the enemy of this truth. Victims of crime beging component of criminal justice constitution. Novel concept of victimiology is a step towards fulfilling the avowed promises made by our constitution makers. The corpus juris of India is bereft of statutory awareness of victimiology in any significant measure. So far the present law seemingly inadequate and fragmentary in nature, justice seems a distant possibility. The answer could lie in attributing a more active role to the State. it has been suggested that State compensation scheme be introduce, but such be confined to violent crimes only. The notion of compensation is a sound concept and a society that recognises the responsibility it over to its members is an incentive for law- enforcement. But for doing such thevery basis and need for compensation has to v-4 be considered -is it a right? Or is it to be awarded in extreme need? Should courts prescribe a maximum or minimum award? Should specialized bodies conduct the proceeding? But in compensation settlement the community should not be the end sufferer. Retribution should be within limits, and for such the victim-offender relationship can be studied to bridge the gap between the two. However the offender should not be the one to gain. Tangible community assistance could dilute. he retaliatory desire of the victim of crime. The victim compensation scheme in India in inefficient and inadequate understanding of different victim compensation scheme of various countries can help in understanding the issues but they are not exactly viable in our own criminal justice mean.4srft-Iflis-.4- barrier to recover compensation. In our below the poverty line economy with majority of criminals from such a background, compensation recovery is but an unequal provision that benefits those with financial means and seems unrealistic in our majority poor society with little material benefits. Injury as to financial status seems to be a good alternative, but the victim can turn out to be the looser. The whole problem ingrained in our compensation law is the inability to meet the essence of it in light of our socioeconomic environment. Compensation means funds and mobilisaion of such and earmarking avenues for payment is a major need, victim compensation of such and earmarking avenues for payment is a major need. Victim compensation is a new horizon is settling claims for losses incurred and quenching the thirst for retribution, the reformative basis of such a punishment is debatable, but what cannot be questioned is the novelty of this. 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 much as physically. which the victim of the crime undergoes in our society or the stigma which a women feels after being victimised of rape is ineffable but the practical problemk which comes on fore as aftermath of rape is loneliness and desertion by husband and family. Consequently a woman is left to starve, just due to being victimised and now she is left in such a condition where there may be chances it is true that money can not repair the chastity and purity which is most precious asset of Indian women, nevertheless if sufficient compensation is granted to her, she would not depend on mercy to any body. Therefore in crimes against women, mandatory compensation programme be formulated. India needs victim compensation programmes, the present law being inadequate in light of the vast scope of this subject. to draft such programme is not an easy task, and a variety of issues will have to be studied. "Its about time? somebody paid attention to the crime victim" The growing victimization rates is not met with resources as practices focus exclusively on the offender. The victim is thus left to recover himself. It is this paradox in the victim offender relationship that needs to be removed. The society is not to comaflague the bad but to help the good flourish, and this should be the essence behind augmenting and facilitating the need for an extensive victim compensation programme.
  1. The failure of the criminal justice systems in the various countries of the (I
world to pay compensation to the victims.
  1. The thought that the state which lays down rules of behaviour should not only punish violation, thereof but also insure compensation to victims of such violation, and if the state prohibits all private revenge, it should compensate the victim of a crime the perpetration of which it failed to prevent, and if the state introduces new criminal measures, it should also shoulder the responsibilities if they prove ineffective.
  1. The emphasis on the theory that compensation and restitution are extremely desirable in the interests of equity and social solidarity and compensation should helps liberate victims from feelings of injustice and from thoughts of revenge.
  1. The financial outlay would be better spent on preventing crime by
augmenting police manpower, more and better technical aids for the police. The state has a duty to give priority to this task rather than to remedy the effects of crime. Prevention and enforcement are to be considered more important than post facto remedial action.
  1. As such schemes are a form of state paternal, they might lead to increase in crime, as offenders would lose all sense of responsibility and no longer care about their victims's fate. This is far from being accepted by any country.
  1. State compensation schemes, especially if they covered damage to property, would make the potential victims careless and discourage prevention efforts. The victim would no longer have any incentive to cooperate in the prosecution of the offender.
  1. A compensation plan must be based on the conclusion that the government
has failed in its responsibility of protecting its citizens from crime. Compensation must be available to all victims of crime.
  1. All expenses incurment such as medical bills and loss of wages must be covered.
  1. An effective compensation plan must provide for a speedy system of compensation.
One of the stumbling blocks in the implementation of such programmes is the financial constraint of the state. It can be modestly estimated that at least in 50% of pending criminal cases victims of crime may be eligible to get compensation. The amount of compensation to the victims of a case could range from rupees one thousand to rupees one lakh (Rs. 1,000 to Rs. 100,000). The appropriate number of criminal cases pending in different courts in India is about five million. Out of them in at least 2% million cases victims maybe eligible to claim compensation. If compensation on an average is calculated at he rate of Rs. 5,000 per case, the minimum requirement to meet the demand would be Rs. 1,250 crores at present. In Kerala alone for example, the total number of pending criminal cases is 2,24,428 as on 31.7.1996. Out of it, in 1,12,214 cases compensation at the rate of 126,
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