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Making The Victim Central to the Criminal Justice System : Designing &
Managing Victim Justice Services
Ideas shared in the Plenary Session on “Crime, Victims and Criminal Justice System”
in the 38th Annual Conference of the Indian Society of Criminology
organised at the Manonmaniam Sundaranar Univeristy, Tirunelveli, Tamilnadu on October 15, 2015.
The gunfire around us makes it hard to hear. But the human voice
is different from other sounds. It can be heard over noises that bury everything else.
Even when it is not shouting... Even if it is just a whisper…
Even the lowest whisper can be heard over armies when it is talking the TRUTH !
In the Movie “Translator”.
In the midst of the ever present loud
voices on police and prison reforms for
protecting the rights of the offenders, the
accused and the prisoners…
Are we hearing the Truth Whispered ?
…the silent voice of the Victims !
…the silent voice of the totally neglected Victims of Crimes
pleading that they are the ones who
deserve utmost attention from the Justice System in Our Country ?
Not Just as a Complainant to the police or as a
W-1 in the judicial process…
But as someone who is affected, psychologically, medically, financially..
by the acts of A-1, A-2, A-3…A-n !
Are we Remembering,
Respecting and Fulfilling the Social Contract?
Which gives legitimacy for the system of governance and its justice system and which
assured protection of the people?
The Criminal Justice System is focusing only on the
Criminal to the complete neglect of the
Victim !
“Let hundred guilty men may go unpunished but one innocent man should not be found guilty”
“In practice, this amounts to giving importance to the prevention of injustice to one suspected accused in
preference to the denial of justice to a minimum of one hundred victims”.
(C.V.Narasimhan, 1985).
Chairman, ISC :: 1991-92
Not only that…The Offenders or Accused are seen as the
Victims of the Unjust Social System?
If that is so, then what about the actual victims of crime?
Are they the privileged lot in the society?
…and hence, can be denied justice?
It is time that we start focusing on the
victims for whom the entire criminal
justice system came into existence and continue to exist !
The Victim too have their rights –
as a human being and more specifically – as a victim of crime
because the State has failed to protect his/her Right to Peaceful Life and Safety
as guaranteed by our Constitution !
The need of the hour is A strong commitment to
refocus the criminal justice system to make the Victim central to its process
Designing & implementing victim justice services to the victims to suit the conditions in our country
Making the victims feel that justice is rendered to them
To Restore
the Balance!
The Victim of the Crime should be made the central focus of the Justice System
and he/she should get JUSTICE !
Why not a Victim Justice
System in India?
A Victim Justice System that…• takes cognizance of the victims’ sufferings• senses the needs of the affected victims and
ensure that most of them are met with appropriate services
• provides space for them to be heard and play a central role in the judicial process
• ensures protection of victims’ interests• Ultimately renders justice to Victims !
Rights of the Crime Victims• The right to protection
from criminal acts.• The right to redress for
pain, loss and injury inflicted by crime and
• The right to dignity, respect and a fair deal from the criminal justice agencies.
Need for
Justice !
The right to receive compensation from the
State, when such compensation is not fully
available from the offender.
So, what needs to be done?
V Care Unit at Police Department• Victim Support Unit for very two police stations
with officers, in the rank of Inspectors suitably selected for their humane approach and appropriately trained in assessing victims’ needs and to plan out services for
– Immediate Practical Needs– Medical Needs– Psychological Needs– Informational Needs and…
V Care Unit at Police Stations (contd)
• They can interview the victims and prepare a
Victim Statement on Impact of the Victimization
should become integral part of the case documents and need to have evidentiary value in the judicial process.• Liaison with professional agencies which can provide
psychological services to victims who need them • Brief about the overall judicial process.
Single point contact for the victims for any future need for information.
Prosecution should define its role as a legal support unit for the Victims
apart from representing the State!Should provide all services relating to • Needs for legal Support, advice and assistance• Information about the procedures and practices of the
criminal justice system in a non-technical language.• Information about the progress of the investigation, of
any offers or bargain charges, pleas or sentences and of any post-sentence proceedings involving release of the offender.
• Ensuring the right to present views and to participate in each stage of the criminal justice process.
Prosecution should define its role as a legal support unit for the Victims… (Contd)
Should provide all services relating to • Maintaining privacy and dignity for victims
during trial proceedings• Advance notice and due consideration on the
scheduling of court proceedings.• property returned when recovered.• Ensuring speedy disposition of the case and• Compensation from the State, when such
compensation is not fully available from the offender.
Prosecution should also ensure that the Statement of Opinion by the
Victim about the sentence is elicited and recorded!
When the offender’s opinion on the sentence is asked for and
recorded, why not Victim’s opinion?
Community Based Victims Services• Victim Support Groups : Comprising of volunteers at the
local community level, liaisioning with the police, who can assist the crime victims in getting emergency needs met with and in their reorganization.
• Agencies for providing specialized services like health care, psychological counseling, psychiatric assistance, legal advice etc., when there is a need.
• Transition Homes: To provide emergency living accommodation for victims of crime who are left without a roof over their head, e.g. for victims of arson, victims of domestic violence who have left their house, victims displaced by caste or communal violence, etc.
A movement, with courage, conviction and dedication, need to start to press for incorporating Victims’
Rights in the Indian Constitution !This will facilitate modifications to the Criminal
Procedure Code and to the Indian Evidence Act to enable the victim(s) play a central role in the criminal justice process and get justice
which is denied till now!
The amount of victimization prevented &
the Extent of Justice provided to the Victims
need to become significant indicators of effectiveness of
Victim Justice System.
“The guilty man lodged, fed, clothed, warmed, lighted, entertained at the expense of the State in a
model cell, issued from it with a sum of money lawfully earned, has paid his debt to the society for
the crime he has committed.
But, his victim has his own consolation; he can think that by taxes he pays to the treasury,
he has contributed towards the paternal care which has guarded the criminal during his stay in prison”.
Adolphe Prins, Belgian Criminologist in the late 19th century
(Barkas, 1979).
The offenders are given more and more protection and the prison reforms
commissions every time recommend for further improvement in the treatment of
prisoners. But the victim is left to his/her own fate
uncared for. The time has come to change this inequitable
treatment and let us strive to get a position for the victim of a crime equitable to that of the offender,
if not more than that!
“Let Us Create Something GREAT for the Victims…
They Deserve It They Need It &
They have a Right to Get It !"
All The Best !
Thanks For Being With Me !!
