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Judiciary - Coggle Diagram
Judiciary
Jurisdiction
Criminal Justice System (CJS)
intro
state - driver of it
way forward
need to reconceptualise the institutions of CJS to account for victims at both levels
post crime levels
towards punishment fro crime
pre crime levels
prevention of crime
reforms in criminal laws - accounting concerns of victims
Right of victims
need to shed image of victim as a mere witness
institutionally recognise their rights and requirements via a legislative recognition. we have to bring a victim law
access to justice
to victims must be seen more under FR - A-14 and A - 21 and not just DPSP A-39 A
requires creation of victim friendly procedures
to reduce their inconvenience
help preventing secondary victimisation at hands of CJ agencies - police and courts
eg - child victim of sexual assault being interrogated by a male police officer in absence of psychologist - inappropriate repeated q further aggravate trauma of victim may become hostile and non cooperative due to fear, lack of protection, and secondary victimisation - leads to difficulty in convicting offender
requires access to legal aid - ahs the potential to maximise v participation
Need to recognise
effective victim participation
right of v to be heard at all levels
from stage of filing complaint till the end of trial
Right to Infromation
about their role in CJS process
what they can expect from CJ process
status of trial
release of accused in bail, parol
also results in securing right to protection
Right to compensation
separate the 2 from each other
Right to Compensation
by state govt
Right to restitution
already in CRpc and mis-termed as above right
provided a/c to order of court
amount comes from labour of offender/convict
victim is entitled to both rights
Victim Procedure officer - position required at all police station - who can take care of RTI of v
Relocation and change of identity - reviewed and enforced effectively
concept of assistance as envisaged in 1985 - UN Declaration of Basic Principles of Justice for c of crime and abuse of power
needs to recognised as a right for all V of crime
role of state - facilitator
provide v - all such assistance - financial, medical, psychological, material, rehabilitation
issues
victims
left to their own resources
left without remedy
just seen as the witnesses in the eyes of the law and are side-lined
Victims and their lawyers - entitled to limited participation
Right to compensation lacking in many current laws - no political will
differences in the maximum limit for compensation for v of various offences at the level of state
eg V who has lost foetus due to assault
TN - min compensation - 2 lakh max - 3 lakh
UP - max - 50k only
these nos. has to be rationalised and kept in favour of v
Measures so far
Framework for informing in PoA act 1989 wrt to specific victims
Conclusion
So far only 2 values being focused in CJS
crime control - prevention and action
due process - to convict an offender
3 values to be focused in CJS
above 2
V participation - also includes v protection
W/0 v participation aim of justice remains unfulfilled
these aspects have to be neccesarily be incorporated in CJS to secure complete justice to victims and also to serve as mech for crime control