Position of Victim Support Schemes in India

Source: (2003) In, Tatsuya Ota, ed., Victims and Criminal Justice: Asian Perspective. Tokoyo, Hogaku-Kenkyu-Kai, Keio University. Pp. 63-82.

The overview of the victim support movement advocates a restorative-justice policy that aims to address criminal offenses with comprehensive services that serve both the needs of the victim and the offender. The author also argues that the state is responsible for making reparation to crime victims as a matter of social justice, since the state is responsible for protecting its citizens. The overview of the victim support movement also notes the significance of the United Nations Declaration on the Basic Principles of Justice for Victims of Crime and Abuse of Power in its emphasis on improving the status of and services to crime victims. In discussing the victim’s position in Asian Countries, the chapter briefly reviews the victim compensation programs in the only Asian countries with separate victim compensation programs, i.e., Japan, Korea, the Philippines, and Taiwan. In reviewing crime victim services in India the chapter concludes that although India has engaged in various reforms in criminal investigations and prosecution, the sufferings of crime victims have been largely neglected. In many cases, the sufferings of victims have been mitigated only if nongovernmental organizations and human rights commissions have provided services, and this tends to occur only in cases of sensational crimes. The majority of crime victims in India suffer without any redress. Although victim assistance is a rarity in India, principles for victim assistance exist under the Indian Constitution, in that the state is mandated to secure “the right to public assistance in cases of disablement and in other cases of undeserved want.” Under the criminal law, victims receive compensation only in a limited way when the offender is convicted and sentenced. Abstract courtesy of National Criminal Justice Reference Service, www.ncjrs.org.