LL.M. Student at Chanakya National Law University, Patna, India
Victimology is a growing field in the criminal justice system, which acknowledges the need to address the harm done to victims of crime. One of the essential components of restorative justice is victim compensation schemes, which provide a means of redress to victims and empower them in the process of repairing the harm. In India, victim compensation schemes are an important development in the pursuit of restorative justice, as they provide victims with a voice and help them recover from the effects of crime. This paper examines the concept of victimology, victim compensation schemes in India, and their role in restorative justice. Specifically, it highlights five cases of the Supreme Court of India that have dealt with victim compensation schemes and their implementation. The paper analyzes the judgments of these cases and identifies the key takeaways that can guide policymakers and stakeholders in the design and implementation of victim compensation schemes. The cases demonstrate the Supreme Court's recognition of the importance of victim compensation schemes in India's criminal justice system. For example, in State of Maharashtra v. Manubhai Pragaji Vashi, the Supreme Court held that compensation to victims of crime is a fundamental right under Article 21 of the Indian Constitution. The court emphasized the need for a victim compensation scheme to be formulated and implemented at the national level. Similarly, in Delhi Domestic Working Women's Forum v. Union of India, the Supreme Court recognized the need to compensate victims of sexual assault, harassment, and exploitation. The court directed the establishment of victim compensation schemes for women victims. Overall, victim compensation schemes play a crucial role in restorative justice, providing a means of redress to victims and promoting accountability for offenders. These schemes help victims overcome the trauma of crime and aid in their recovery, while also holding offenders accountable for their actions. The paper concludes that the design and implementation of victim compensation schemes in India must prioritize the needs of victims and ensure that they receive adequate compensation and support to rebuild their lives.
International Journal of Law Management and Humanities, Volume 6, Issue 2, Page 1220 - 1232DOI: https://doij.org/10.10000/IJLMH.114486
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