The “Rights of the Victims” for assistance

The right to attend criminal justice proceedings : A victim’s right to attend the trial is often limited in cases where the victim is also a witness in the criminal case This rule was designed to prevent witnesses from being influenced by the testimony of other witnesses in the case.

Differentiating two legal terms The right to apply for compensation  Crime victim compensation should be a government program designed to reimburse victims of violent crime for their out-of- pocket expenses relating to the crime.  affected family members may also be eligible for limited compensation.  Compensation can be paid even when no one is arrested or convicted for the crime.  Compensation programs will be medical expenses, counseling expenses, lost wages, and funeral expenses. The Right To Restitution  The term "restitution" generally refers to restoration of the harm caused by the defendant, most commonly in the form of payment for damages. It can also refer to the return or repair of property stolen or damaged in the course of the crime.  Courts to order restitution by convicted offenders as part of their sentences.  But in several Indian cases the word “compensation” has been used to refer to “restitution” which is the accepted terminology by the international scholars for payment made by offenders to victims of crime. As observed by Chock-lingam (1993: 74), the Indian courts use the term “compensation” to refer to restitution as well as the real compensation, wherein the money is paid to the victim by the state or other agency for abuse of power.

… Compensation denied, 1984 Sikh riot victim turns to court:  Manjit Singh who’s uncle, was burnt alive, his father Nath Singh (now dead) received burn injuries and his brother Gurcharan Singh was thrown in a truck already on fire.  asked the court to direct the government to issue him an ex- gratia payment of Rs. 7 Lakh as per the rehabilitation package announced by Union government  Matter passed from Union to Punjab government then to deputy commissioner, but Manjit hasn't yet heard from the government. Sarup Singh v. State of Haryana (AIR 1995 SC 2452)  The apex court while reducing the sentence for the period already undergone by the accused under Section 304 IPC, directed to pay a sum of Rs by way of compensation  The court further emphasized that the amount of compensation was enhanced taking into consideration the gravity of the injury, the strata to which the accused belongs, the social environment in which the crime has taken place and further keeping in view the cry of the society for the victims at large.  An analysis of the above case laws gives an indication that the courts in India, at least at the higher level, have started realizing the importance of the victim and the necessity to ameliorate the plight of the victim to the extent possible by restitution.

RIGHT TO BE HEARD  Such participation by which victims play a proactive role in the criminal justice process.  When a crime victim is allowed to speak at the sentencing hearing, there is an acknowledgment by the criminal justice system of the personal nature of the crime and of the harm suffered.

THE RIGHT TO BE INFORMED  The criminal justice system is required to give victims or their families the right to be notified of important, scheduled criminal proceedings and the outcomes of those proceedings. Notify victims when hearings have been cancelled and rescheduled.  Victims may must have the right to be informed of various legal rights, including the rights to: attend a proceeding and/or submit a victim impact statement; sue the offender for money damages in the civil justice system.etc.

Assistance to victims of crime is of great significance because victims have suffered irreparable damages and harm as a result of crime. The problems of crime victims and the impact of crime on them is varied and complex

THE RIGHT TO A SPEEDY TRIAL  Delay in disposal of cases is considered as one of the most vexed and worrying problem.  In Anil Rai vs. State of Bihar case, Sethi J stated that Delay in disposal of the cases facilitates the people to raise eyebrows, sometime genuinely, which if not checked, may shake the confidence of the people in this judicial system.  On average 50 lakh crimes are registered every year, which are sought to be investigated by the police. The pendency of criminal cases in subordinate courts is 1.32 crore and the effective strength of judges is 12,177. Pending cases of the under trials in criminal cases are 1.44 crores. In an average 19 percent of the pending cases, disposed every year (statistics by Justice- B.P.Singh J) India Today  BHOPAL Gas tragedy and delay in justice: Twenty years on from the ghastly incident, victims’ fight continues for a compensation that fail to measure up to the damage caused to them by a huge margin.

THE RIGHT TO ENFORCEMENT/REMEDIES OF VICTIMS  Twenty years on from the ghastly incident, victims’ fight continues for a compensation that fail to measure up to the damage caused to them by a huge margin  Creation of a designated entity to receive, investigates, and attempts to resolve crime victim complaints. There must be state victim advocate or a committee or board.  Give the investigatory agency the ability to impose consequences on offending agencies or officials found to have violated a victim’s rights.

…… Our chief objective through the Centre of Victimology is to ensure proper assistance to the victims so that their rights are restored.