Mr. Abhishek Kumar
Assistant Professor, School of Law and Legal Affairs
Noida International University
Prof. (Dr.) Aniruddha Ram
Dean, School of Law, Raffeles University Neemrana Rajasthan
ABSTRACT:
The expression ‘victims of crime’ refers to any persons, group or entiry who has suffered injury, harm or loss due to illegal activity of someone. The harm or injury, as said earlier, may be physical, psychological or financial. Such a person may be called a ‘primary victim’ of crime. Besides, there may also be ‘secondary victime’ who surer injury or harm as a result of injury or harm to the primary victim. For instance, the children of a reped woman or a battered woman suffering from lack of paternity and called ‘bastards’.The study of victims of crimes and specially the reasons why some people are more vulnerable to victimization than others, constitutes the core subject of study for victimologists around the world.[1] The entire philosophy behind victimology therefore, centres round the ‘victim’ who is the ‘lynch-pin’ of victimological studies.[2]
KEW WORDS: Victimology, Victimization, Violations, Exclusively, Exploitative, Unsatisfactory,
INTRODUCTION:
An area which remains more or less neglected with reference to victimology is the area of crime victims with disabilities. An analysis of factors contributing to higher levels or victimization of persons with disabilities made by various countries of th world shows that these groups within the community are more vulnerable to crimes and therefore, need protection of police and the law administrators.[3] They are one of the most frequented targets of crime. Particularly, the women persons with disabilities are more prone to fall a victim of rape or sexual assault because of their inability to resist the offender due to their disability which may be physical, mental, intellectual or sensory impairment.[4] In the Indian context, the high vulnerability or PWDs as crime victims is owing to the fact they still remain an invisible minority in public consciousness. The right rate of PWDs falling a prey to crime is due to their inability to fight against the perpetrator of crime or to flee, which markes them an easy target for criminals. Another problem with a victim with a disability is that he/she has to depend on another person for access to justice and such help-giver may himself exploit the PWP victim.
The crime statistics in India shows a high rate of victimization of PWDs than their non-disabled counterparts and, therefore, they obviously need greater care and attention. There is need for providing adequate training to police and law enforcement authorities including the judicial officers of the court to sensitize them to the need of security and protection of disabled persons against criminals.[5] The cases of PWD victims should be carefully handled by the testimony of an intellectually disabled person treating him/her to be an unfit witness has to be avoided, particularly in cases involving rape or sexual assault involving mentally retarded or blind or deaf and dumb women.[6]
In India, there is a statutory law providing protection and security to person with disability. The persons with disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995, which recongises blindness, low vision, leprosy-cured, hearing impairment, limb-disability, mental retardation and mental illness as ‘disability’.Subsequently, autism, cerebral palsy and multiple disabilities were also added to this list by the Multiple Disabilities Act, 2000.[7]
DEFINITION & MENANING OF ‘VICTIM’AND‘VICTIMOLOGY’
Boradly speaking victimology may be defined as the scientific sdudy of victimization, including the relationships between victims and offenders, the interaction between victims and the criminal justice system; that is, the police and courts, and correctional officials. It also includes connections between victims and other social groups and institutions, such as the media, businesses and social movements. Houwever, the term victimology is not restricted to the study of crime-victims alone but it may extend to other forms of human rights violations that are not necessarlily crimes.
The term ‘victim’ in general parlance refers to all those who experience injury, loss or hardship due to any cause and one of such causes may be crime. Therefore, victimology may be defined as study of people who experience injury or hardship due to any cuse. Such injury of harm may be physical, psychological, emotional or financial. It therefore, follows that ‘victim of crime’ is the person who has duffered at the hands of perpetrator of crime.[8]
‘Victimology’ has now emerged as a branch of criminology dealing exclusively with the victims of crime who need to be treated with compassion and rendered compensation and assistance under the criminal justice system. While criminology is concerned mainly with the causation of crime, victimology is primarily concerned with the study as to why people fall a victim to crime and how they can be helped and assisted against abuse of power or criminal acts of offenders through access to criminal justice system. The study also outlines the steps to be taken to prevent victimization against crimes and provide legal remedies to the victims of crime.[9]
HISTOCICAL PRESPECTIVE:
The origin of victimology as a part of criminology may be traced back to 1940’s when founders of this branch of knowledge, notably, Mendelsohn, Von Henting and Wolfgang initially tended to use the term to mean “hapless duges who instigated their own victimaization” which they termed as ‘victim precipitation’.
However, the notice of “victim preciption” invoked criticism by feminists by 1980’s and the term ‘victim’ was interpreted in a wider sense to include “anyone caught up in an asymmetric relationship or situation”. The word ‘asymmetry’ connotes anything imbalanced, exploitative, parasitical, oppressive, disturbing, and alienating or having inherent suffering. Thus, in the moern sense, the concept of victimology includes any person who experience injury, loss or hardship due to any cause. The term may be used in many forms such as accident victims, flood victims, faimine victims, tsunami victims, blast victims, cancer victims and so on. The common element in all of them is some kind of suffering injury or harm caused by forces beyond victim’s control.
U.N DECLARATION OF PRINIPLES OF JUSTICE FOR VICTIMS OF CRIME& ABUSE OF POWER (1955):
The basic principles formulated for justice for crime victim under the U.N Declaration (1985) indentified the following areas: —-
- Access of justice and fair treatment;
- Restitution;
- Compensation; and
- Assistance.
Thereafter, the European Forum for Victim’s Services in 1996 issued a statement of the Victim’s Rights in the Process of Criminal Justice. Consequently, the Council of Europe Recommendations on assistance to crime Victims were adopted on June 14, 2006.
VICTIMOLOGICAL DEVELOPMENTS IN INDIAN CRIMINAL LAW JURISPRUDENCE:
The unsatisfactory situation with regard to protection of crime victim’s rights in contrast to global development caught attention of the Law commission of India as a result of which, it made suggestion for introduction of provisions fro compensatory relief to crime-victims under the Indian law of cirmes and procedure in its 152nd Report (1994) and 154th Report (1996).
The Law commission of India in its 154th Report on the Code of Criminal Procedure in 1996 devoted an entire chapter to ‘Victimology’ in which the growing emphasis on victim’s rights in criminal cases was discussed extensively. The Commission noted that increasingly, the attention of criminologists, penologists and law reformers has been directed to victimology, control of victimization and protection of victims of crimes. The incidents of crime often entail substantive and rights of victims of crime snould receive priority attention in the total response to crime. One universally recognized method of peotection of victims is the compensation to victims of crime.[10]
As a matter of fact, the principles of Victimology have their roots in the India Constitution itself. The fundamental rights enshrined in Part III of the Constitution and directive Principles of State Policy in Part IV from the butwork for a new social order in which social and economic justice would blossom in the national life of the country.[11]
Though the Provisions relating to compensation for crime victims are incorporated in Sections 357 and 357-A of the Code of Criminal Procedure, 1973, the award or refusal of compensation is mainly left to the discretion of the Court. Besides, there are several inherent limitations as these provisions can be invoked only upon conviction of the perpetrators of crime that too depends at the discretion of the court subject to financial capacity of the accused.[12] It hardly needs to be emphasis that victims have the right to get Justice and remedy for the harm suffered as as result of crime, independent of the right to restitution. Therefore, State must provide a mechanism to ensure that the victim’s right to be compensated for injury caused to him in not ignored or defeated.[13] Not only this, the compensatory law should be reviewed and expencded to provide that interim compensation could bepaid to the victim of cime at earliest, irrespective of stage enquiry or trial, either on application of the victim or suo motu by the Court.[14]
Justice Malimath Committee Report (2003):
Justice Malimath Committee Report on victims of crimes and reforms Criminal Justice System (2003), inter alia observed: —
“Historical Seaking, criminal justice system deems to exist to protect the powr, privilege and values of the elite sections of society. The way crimes are defined and criminal justice system is administered, shows that there is an element of truth in the above perception even in modern times. However, over the years dominant function of criminal justice is projected to be protecting all citizens from harm to their person or proterty, the assumption being that it is the primary duty of the State under the rule of law Criminal Justice came to comprehend all about crime and criminal, the way he is dealy with, the process of proving his guilt and the ultimate punishment given to him. The civil law (of torts) was supposed to take care of the monetary and other losses suffered by the victim. Thus, victims remained marginalized and the states stood forth as the victim to procesute and punish the accused.”
The committee found no credible reason for the provision in the Code of Criminal procedure, 1973 that compensation could be awarded onl if the offender has been convicted of the offence with which he is charged.[15]
The Malimath Committee in its report suggested that the right of victim to appeal against the order passed by the trial court should be further extended and right to appeal against acquittal to the High Court should not only be limited to the prosecution but should be available to the accused as well, where prosection declines to file the appeal. Secton 372 of Cr. P.C as amended by the Cr. P.C (Amendment) Act, 2008 now provide that the victim need not approach the prosecution for its consent or approval to file an appeal against the acquittal of the accused. Besides, a new Section 357-A was inserted in the Cr. P.C by the Cr. P.C (Amendment) Act of 2008 which provides for compensation to victims of crime and protection of their constitutional rights.[16]
Thus, it would be seen that the amendement of the code of criminal procedure in 2008 made a true begininig towards statutory recognition and protection of victim’s rights under criminal justice system in India and now it is for the courts and criminal law administrators to ensure the implementation of this law in true spirt.[17]
CONCLUSSION AND SUGGESSION:
Before concluding, it must be stated that victimology and justice for victims of crimes is not exclusively a legal problem, it also has sociological, psychological, financial and ethical implications which need to be addressed jointly by experts working in these fields adopting a multi-disciplinary approach. A community based Joint Victim Impact Panel on the American pattern may be constituted comprising lawyers judges, sociologists, psychologists, women activists, politicians etc. to decide victim’s rights and claims and their rehabilitation in the society. It would also provide a robust mechanism or the victims to particupate in the administration of cirmninal justice and to voice their sentiments and concerns.[18]
The role of courts and judges in no less important in imposing sentances which have great impact on social order and therefore publice interest , especially those or victims, should not be lost right of. Any liberal attitude by imposing meager sentences without taking into consideration the woes and sufferings of the victims and its impact on society shall be resultwise counter productive in the long run. The victimologcal researches for the past three decades have shown that care and protecton of victim’s right is an inseparable part of the sentencing system though apparently it refers to the accused who perpetrates the crime. The law and particularly, the criminal law as a connerstone of the edifice of “order” in the society, should forcus not only on challenges confronting the society but also the sufferings of victims of crimes who are faced with multiple problems for years and, in same cases even for the whole of their life. It hardly needs to be stated that crime is one single act perpetrated by the offender but its implications on society is general and victims in particular are far more painful, torturous and disgusting which the criminal law administators must keep in the forefront while dispensing criminal justice.
Referecnce:
- Rachel Mattison: Criminal Victimization the World Society of Victimology (No. 30 of 2009).
- Suresh and Another v. State of Haryana, AIR. 2015 S.C 518 (Para 47).
- Arts. 38 and 39 (b) & (c).
- In Re State of Assam & two others PIL Suo Motu No. 26120 is decided on 24.4.2013
- Michael R. Rand & Erika Harrell: Crime against PWDs, (2007); U.S. National Crime Victims Survey, (Oct. 2009) p.1.
- Charmru Ram v. State of Himachal Pradesh, (2005) Cri. L. J. 1943; Meeraj Alam v. State of Bihar, 2008 Cri. L. J. 4384; Suresh v. Maharashtra State, Manu/ MH/ 0660/2003, etc.
- R. Deb, ‘Victimology’ 1986 Cr LJ Journal Section, p. 17
- W.H Nagel ‘The Nation of Victimology on Criminology’, Excerpta criminological, Vol. 3 (May-June 1963), pp. 245-246.
- Henry Ellenberger, p. 121
- B. Mendelsohn, La Victimologie Science antelle’ (Revue de Droit Penal et de criminology, Bruxelles, April 1957, p 519)
- Henry Ellenberger, Relations Psychologiques entre le criminal et sa victime’ (Revue international de criminology et de polic technique, No. 2/1954, Geneva;
[1] Rachel Mattison: Criminal Victimization the World Society of Victimology (No. 30 of 2009).
[2] Hans Von Hentig, ‘The Criminal and His Victim’ 1954.
[3] Henry Ellenberger, Relations Psychologiques entre le criminal et sa victime’ (Revue international de criminology et de polic technique, No. 2/1954, Geneva
[4] Michael R. Rand & Erika Harrell: Crime Against PWDs, (2007); U.S. National Crime Victims Survey, (Oct. 2009) p.1.
[5] B. Mendelsohn, “The origin of Victimology’, Excerpta Criminologica. Vol. 3 (May-June 1963), pp. 239-241.
[6] Charmru Ram v. State of Himachal Pradesh, (2005) Cri. L. J. 1943; Meeraj Alam v. State of Bihar, 2008 Cri. L. J. 4384; Suresh v. Maharashtra State, Manu/ MH/ 0660/2003, etc.
[7] Henry Ellenberger, p. 121
[8] B. Mendelsohn, La Victimologie Science antelle’ (Revue de Droit Penal et de criminology, Bruxelles, April 1957, p 519)
[9] Henry Ellenberger, Relations Psychologiques entre le criminal et sa victime’ (Revue international de criminology et de polic technique, No. 2/1954, Geneva;
[10] Suresh and Another v. State of Haryana, AIR. 2015 S.C 518 (Para 47).
[11] Arts. 38 and 39 (b) & (c).
[12] W.H Nagel ‘The Nation of Victimology on Criminology’, Excerpta criminological, Vol. 3 (May-June 1963), pp. 245-246.
[13] Ibid 420
[14] In Re State of Assam & two others PIL Suo Motu No. 26120 is decided on 24.4.2013
[15] Mangi Lal v. State of M.P., 2004 Cr L.J 880 (SC) at pp. 883-884.; Stateof Karnataka v. Narasamna , 2004 Cr L.J 1973 (Kar).
[16] R. Deb, ‘Victimology’ 1986 Cr LJ Journal Section, p. 17
[17] Annual Report 1994-95; See the Sunday Times of India (Lko. 27-8-1995). P1.
[18] Ibd; 5, VIth Schedule to the Constitution.
