Victim support services, compensation and rehabilitation

Abstract

Societies and nations have been grappling with the menace of crime since time immemorial. Crime causes pain and suffering and ruins the life of many unfortunate. Often, a person becomes victim of crime without being connected with either the perpetrator of crime or the event in any manner and he is as innocent as any other person in the society. Protection of life and liberty of citizens is the utmost duty of state. State creates criminal justice architecture by which the wrong doers are brought to justice and punished for the crime. Restitution has been well recognised way of compensating the victims of crime. Restorative type justice restores the balance between the offender, victim and society and is one of the ways to help the crime victims. It is well recognised now that the crime victim has right to be adequately compensated and rehabilitated and the various countries have put in place the systems and procedures for providing victim support services, compensation and rehabilitation. Crime Victim Support System including compensation is well developed in England, USA, Japan and other Western countries. In England, the compensation of dependents of a person died in a criminal act is not limited to the one time financial assistance, it even provides for education related expenses of dependent minor children. In Japan, a victim of crime may be provided alternative residence if the victim is facing constant threat and fear from criminal. In Japan, the compensation amount specified to the victims who have suffered permanent disability is comparatively more than in case of loss of life. In India, compensation to victims of crime was available under section 357 Cr. P. C. 1973 in relation to offences under Indian Penal Code, but that was quiet limited in quantity and dependent upon conviction of the accused. The victims of motor vehicle accidents are entitled to compensation under Motor Vehicle Act 1988. Similarly crime victims belonging to Scheduled Castes and Scheduled Tribes are entitled to compensation and rehabilitation under the provisions of SC/ ST Prevention of Atrocities Act 1988. Amendment of Criminal Procedure Code in 2008, particularly adding section 357 A, has given an impetus to the crime victims’ rights of compensation and rehabilitation in India. State/ UT Governments have formulated crime victim compensation schemes on the directives of Government of India and Crime Victim Compensation Fund has been created. Government of India has also issued guidelines for providing compensation to victims of naxal, communal and terrorist violence. A comparative study of Crime Victim Compensation Schemes of six states viz; Delhi, Assam, Maharashtra, Karnataka, Punjab and Tamil Nadu has been carried out as part of this project. It is found that the State Compensation Schemes vary from each other significantly in respect of compensation amount, categories of victims entitled for compensation, eligibility criteria, factors to be considered while deciding the compensation, interim relief etc. The compensation Scheme of Delhi is almost an ideal Scheme and has provisions for compensation of victims of violent crimes, sexual offences, acid attacks and burning cases among others. The scheme has provision for interim relief too. Punjab State Scheme handles the issue of crime victim compensation and rehabilitation in a more comprehensive manner. The Scheme provides for setting up of ‘One Stop Centre and Legal Aid Clinics” in each district to support the victims in medical treatment and legal matters. Karnataka State Scheme provides compensation for rehabilitation necessitated due to damage to house. Though the States and Union Territories have framed the crime victim compensation and rehabilitation schemes and implementing the same, yet whether it has achieved the intended objectives remains a question. During this project, information on compensation paid to the crime victims, by the District Legal Services Authority of Pune, Nagpur, Nashik and Aurangabad, was gathered and it was found that very few victims have availed the benefits of the compensation scheme. The compensation under the current schemes is to be provided on the recommendation of the trial court ( under section 357 A (2) and 357 A (3)). Compensation Payment Schedule is not specified in the compensation schemes of States/UTs . Some State Schemes were framed in 2011 and have not been revised yet. The compensation amount specified in these schemes is very low. Delhi Scheme contains provisions regarding issuance of Dependency Certificate. As per Delhi Scheme, in some exceptional cases, the State Legal Services Authorities or the District Legal Services Authority can initiate the claim process suo moto. In view of the above, it is recommended that there should be a uniform approach in dealing with this humanitarian issue across all the States/ UTs in the country. The States and UTs should revise their Schemes and incorporate the provisions similar to Delhi and Punjab Schemes. In addition, provision for compensation to the victims whose houses are damaged in crime should be included in the compensation scheme. The Schemes should have provision for appeal against the rejection of compensation claim by the Authority Designated to operate the scheme. The Supreme Court of India in May 2018, has accorded approval to the Compensation Scheme for Women Victims /Survivors of Sexual Assaults and Other Crimes. The Provisions contained in the Scheme approved by the Supreme Court need to be incorporated in State/ UT Compensation and Rehabilitation Schemes. Victim support services centres manned by the psychologists and legal advisors should be set up in all districts in the country. There is also need to recognise rights of a victim of crime regarding leading the evidence in court, cross examination of the accused and consultation by the prosecutors in the matters of bail etc. The subject of compensation and rehabilitation require extensive research to find out the inadequacies in the present compensation and rehabilitation schemes and more reliable data on the rehabilitation needs of the crime victims.