Compensatory Jurisprudence and Its Emergence in India
Legal Associate, India.
Volume III, Issue V, 2020
Compensation to the victim of crime by the individual or by the state gaining much importance now days. However, it has been observed that mostly Fundamental Rights provided to the citizens in the Constitution are being violated by various governmental agencies in exercise of their administrative powers. In some cases, the Fundamental Rights of the victim which are infringed may be restored, but in each and every case as well as in every circumstance the restoration may not be possible. In such situation compensation in terms of money for the suffering has to be granted. Article 32 of the Constitution of India confers power on the Supreme Court to issue order or direction including writs whichever is appropriate for the enforcement of Fundamental Rights mentioned in part III of the Constitution of India.
Keywords: Fundamental Rights, Victim, Violation, Compensation, Enactments