Victim Compensation Schemes in India: An Analysis

Dipa Dube

Indian Institute of Technology (IIT), Kharagpur, India

Abstract:

The seeds of victims' rights germinated in India during the last few decades following the United Nation's Declaration of Basic Principles of Crime and Abuse of Power, 1985. Since then, the realization that the victim lies at the core of the entire criminal justice process dawned, whereby efforts were made to ameliorate their conditions. One of the principal aspects of victim support and assistance was compensation for injuries which was read as an integral part of 'right to life' by the Indian judiciary. Subsequently, however, the need to introduce the mechanism of statutory compensation led to the incorporation of section 357A in the Code of Criminal Procedure, 1973 making it obligatory for the state to provide compensation to the victims or dependents who have suffered loss or injury as a result of crimes and require rehabilitation. Almost all states of the country accordingly set up Victim Compensation Schemes to provide for adequate compensation. The present article analyses the schemes across select states and emphasizes the need towards development of an empathetic system which addresses the core concerns of victims.

Keyword:

Compensation, Compensation schemes, Victim, Criminal justice, India.