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Reparative Justice to Victims under Criminal Justice System in India

Content Writer Law Colloquy

Reparative Justice is a victim-centric approach and has gained utmost importance in criminal justice systems globally. It connotes reparation of loss suffered by victims resulting from any incident of crime, for instance; physical, mental, economical etc. Compensation to victims, trauma counselling to victims, free medical treatment, establishment of a victim friendly system are some of the means of reparative justice. History reveals the importance this very kind of justice traditionally, though, it lost recognition during the middle ages when state used to be the sole collectors of fines from criminals. Modern reparative justice system was introduced in the year 1950 with the initiative of the British Magistrate Margery Fry. Modern reparative justice is also the outcome of various global revolutions and also the General Assembly’s adoption of UN Declaration in 1985. India’s legal framework had provisions of victim compensation prior to 2009 Cr.PC. amendment but those were sparingly used. It was ultimately the 154th Law Commission Report & Malimath Committee’s report which emphasized the importance of reparative justice to victims. The significant Cr.pc. amendment in the year 2009 was a turning point to India’s victimology, a victim-centric system was initiated. This paper, discusses the implementation of victim compensation scheme referring the publicized data of National Legal Services Authority. At present India’s legal framework provides for victim compensation and treatments to the victims. But it is still silent on other aspects like trauma counselling for victims, establishment of victim-friendly judicial system, establishment of a victim friendly society etc. though landmark judicial pronouncements by Indian Judiciary has been playing pivotal roles from time to time. Thus, it can be said that we are at a very preliminary stage concerning reparative justice to victims in India’s Criminal Justice System.

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