Victimology is a scientific study of victimization ,which includes the realtionship between the victim and the accused.In the words of Justice JN Bhatt victimology is a science of suffering and resultant compensation.
Offenses committed by individuals, company’s etc are classified under various laws according to the nature of offence.When an offence is proven by the appropriate court the victim or the sufferer gets relieved from the court by way of either compensation injuction or action or by punishment of the offender.Normally compensation and in junction is given in the case where damages to private rights are caused like in torts or in any other civil rights and punishment is awarded to the offender with or without fine under criminal law somehow why compensation not allowed in the criminal law is not very clear even in criminal cases the rights of the individual is damaged.
The Hon’ble Supreme Court has held compensation in a long drawn criminal case to be appropriate additional relief.As the problems were addressed by the 2008 amendment,the Court directed the state to award compensation.Jurisprudence has expanded in order to grant compensation in cases of violation of constitutional rights,medical negligence,rape,custodial torture,etc.This saves the victim from the agony of second suit,this time civil in nature ,in order to seek compensation for the same wrong.
In the case of Rudal Sah v. State of Bihar the apex court stated that the compensation can be given in cases where any fundamental rights are infringed.however there is no statute to define such a claim.in sebastain v. Union of India on account of failure of government to produce in habeas corpus petition filed by wives,apex court awarded cost of Rs.1 lakh to be given to the wife of each detenne.
In case of compensation relating to medical negligence (wrong treatment),Poonam v. Ashwin Patel,a doctor registered as a medical practioner in Homoepathy only he prescribed allopathy as a result the patient died .the court held the doctor to be guilty and the doctor was made liable to pay compensation to the wife of the patient Victims of rape,assult,child sexual abuse drunk driving and domestic violence as well as families of homicide victims are all eligible to apply for financial help.
In a landmark decision of Thiruvanthapuram,the state government decided to introduce a victim compensation scheme in the state.Human rights organisations had been demanding such a scheme in tune with the amendment in CrPc in 2008 for long.The amendment says that every state government in co-ordination with the central government shall prepare a scheme providing funds for the purpose of compensation to the victims.
In case of Hari Singh v. Sukhbir Singh ,the Supreme Court held that the power of the courts to award compensation is not ancillary to other sentences but it is addition thereto.This power was intended to do something to reassure the victim who has undergone both physical injuries,phychological and financial hardships too.this is to ensure that they are not forgotten in the criminal justice system
.
Though there are various laws relating to victim and their protection,but are they properly implemented?is the compensation provided to the victim sufficient to compare with the injury they suffer?Therefore it is our duty to knowledge the victims of their right to compensation.This resource also should be made known by those who provide medical and counselling services.So it is the responsibility of every individual with a role in helping victims to get more details regarding their right for compensation.
Post Contributed by:
IILS India
