Victim’s Prerogative of Compensation in Criminal Justice of India:

An analysis of Compensation Scheme for Women Victims

Author: Adv. Anurita Yadav, Assistant Professor, Asian Law College, Noida, India


ABSTRACT The rationale behind the victim's right to compensation is to provide immediate monetary remedy or relief and to ensure means of rehabilitation, either from the State or the accused. As the Justice must be reformative for the perpetrator and rehabilitative for the survivor. The historical evolution of the concept of compensation can be traced in the Hammurabi’s Code which was an important law code made in Mesopotamia during the reign of the Babylonians. This special code was the first law code that included laws to deal with everyone in the current society. The developed version of the concept of compensation also existed in India and Greek City-states. As per the Laws of Manu in Chapter VIII, verse 287: " If a limb is injured, a wound (is caused), or blood (flows, the assailant) shall be made to pay (to the sufferer) the expenses of the cure, or the whole (both the usual amercement and the expenses of the cure as a) fine (to the king)." With the changing nature of society and varying degrees of crimes especially against women, the concept of victim, compensation and provisions to address the issue has gone through innumerable changes. The United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power Adopted by General Assembly resolution 40/34 of 29 November 1985, played a crucial role in focusing on the access to justice and fair treatment. In India recommendations of Commissions, Committees like Malimath Committee Report and the proactive role played by the Indian Judiciary, while interpreting the provisions relating to Fundamental Rights and Writ jurisdictions gave new dimensions to the Constitutional rights through their judicial pronouncements. The Indian Judiciary has played a paramount role in ensuring that the victim's right to representation, compensation, assistance has given a significant place which is now well recognized in our Criminal Justice System. Although, still a lot is to be done to sensitize the environment to make it conducive for the welfare of the victims; especially women victims in the society. This paper will try to explore the evolution of the concept of victim and compensation, changing pattern of victim’s compensation and its impact on the society at large. Along with an analysis of present legal provisions related to the compensation scheme for women victims in India and aspects dealing with the nature of problems, possible solutions to provide the clear address to the issue of victim's compensation.

Keywords: Compensation, Victim, Welfare, Justice, Rehabilitative, Relief, Redressal.


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