In this article titled ‘Meaning and Scope of Victimology,’ the author deals with the important terms, major sub-areas of victimology and discusses various case laws. Meaning and Scope of Victimology A victim is a person against whom an offense is committed by another person. Anybody who is overpowered against his will is a victim. Nirbhaya was overpowered against… Read More »
In this article titled ‘Meaning and Scope of Victimology,’ the author deals with the important terms, major sub-areas of victimology and discusses various case laws. Meaning and Scope of Victimology A victim is a person against whom an offense is committed by another person. Anybody who is overpowered against his will is a victim. Nirbhaya was overpowered against her will so she became the victim. [1] The objective of victim logy is to gain knowledge about victims of crime and...
In this article titled ‘Meaning and Scope of Victimology,’ the author deals with the important terms, major sub-areas of victimology and discusses various case laws.
Meaning and Scope of Victimology
A victim is a person against whom an offense is committed by another person. Anybody who is overpowered against his will is a victim. Nirbhaya was overpowered against her will so she became the victim. [1]
The objective of victim logy is to gain knowledge about victims of crime and abuse of power. It is formed at its inception adopted an interdisciplinary approach to its subject matter. Even the contributors are experts from the field as diverse as academic lawyers, criminologists, clinical and social psychologists, psychiatric and political scientists.
The basic purpose to study victimization is to understand the role and responsibility of the victim and his offender. Basically to analyze the magnitude of the victim’s problem to explain causes of victimization and to develop a system of measures to reduce victimization. In the present scenario, the concept of victim includes any person who experiences an injury, loss, or hardship due to any cause.
It may be a cancer victim, accident victim, victim of crime, injustice victim, etc. the word victim logy was first coined in 1947 by the French lawyer Benjamin Medusa. Victim logy is basically the study of crime from the point of view of the victim, of the persons suffering injury or destruction by the action of another person or a group of persons.[2]
Important terms
- Victimhood: the state of being a victim
- Victimizable: capable of being victimized
- Victimization: the action of victimizing
- Victimizer: one who victimizes another.
In the ancient period, criminal law was victim-oriented. They enjoyed the dominant position in the entire criminal legal system with certain shortcomings. Even certain trees and animals were considered sacred and cutting of trees and deforestation was considered a heinous sin. The criminal had to pay heavy compensation and undergo rigorous punishment. That is why as per Stephen Scaphor it was called a golden age of victims. Later on, in the 16th and 17th centuries with the advent of the industrial revolution and Europe from the Renaissance to the French Revolution, there was a considered change in every walk of life. This gave birth to the Adversarial system.[3]
There are two major sub-areas of victimology[4]
- The one reading the scientific study of criminal behaviour and the nature of the relationship which may be found to exist between the offender and the victim.
- The other relates directly to the administration of justice and the role of the system of compensation and restitution to the victim.
The Chairman, Railway Board, and ORS v. Mrs. Chandrima Das and ORS proved to be landmark cases of assault under open regulation on the grounds that the blamed were workers for the public railroad. The case incorporates a conversation of the use of UN goals locally, remembering the Declaration for the Elimination of Violence against Women and the Universal Declaration of Human Rights. The Court reasons that the victim of gang rape can recuperate under public regulation because of the infringement of her key very fundamental rights, stated in the articles and the Indian Constitution.
At that period of time, there was a decline in victim role in the criminal justice system. Nowadays, the criminal law has become offender-oriented and the suffering of the victim is often immeasurable and is entirely overlooked in mis-pleased sympathy for the criminal. The victim becomes the forgotten man in our criminal justice system.
Late on during twentieth-century again some criminologists understand the importance of studying the criminal victim relationship. In order to obtain a better understanding of crime, its origin, and implication United Nations passed a charter of victim’s rights and on a similar line, the European convention on the compensation of victims of violent crime was also introduced. [5]
Insignificant case of Nipun Saxena v. Association of India, the Supreme Court in its judgment considered it proper for National Legal Services Authority (NALSA) to introduce a Committee to prepare Model Rules for Victim Compensation for sexual offenses and corrosive assaults. From that point, the Committee concluded the Compensation Scheme for Women Victims/Survivors of Sexual Assault/different Crimes – 2018.
According to the plan, a victim of sexual assault will get compensation amounting to Rs 5 lakhs which goes up to Rs 10 lakhs. Additionally, in the event of rape and unnatural rape, the concerned victim will at least get the amount of Rs 4 lakhs which may be exceeded Rs 7 lakhs. In the event of distortion of the face, the victims of the acid attacks will be entitled to receive the amount of Rs 7 lakhs, while as far as possible will be given Rs 8 lakhs. The court then, at that point, acknowledged the said plan to be pertinent across India, which stays the tradition that must be adhered to.
Thereafter, the victim’s movement has been regaining momentum in the whole world but with different shapes.
The need to address the miseries of the victims of criminal acts is foremost and separate from the issue of the discipline of the wrongdoer, the Court in the case of Dr. Jacob George v. Province of Kerala, 1994 held that
The victims have the aid to seek justice, to cure the damage endured because of the crime. This right is not the same as an autonomous right to revenge, the obligation of which has been accepted by the state in a general public administered by Rule of Law. However, assuming the state crashes in releasing this obligation, the state should in any case give an instrument to guarantee that the victim’s fundamental right get compensation for the injury isn’t disregarded or crushed.[6]
Henceforth, as we realize that this issue of ‘victim logy’ is acquiring significance over changing social reforms, we want to offer our due portion of consideration and help the investigation of victim logy create and function effectively with practical achieving the goals. However many guidelines and guidelines have been made by numerous state governments still there isn’t a lot of progress in the predicament of the people subject to victim logy.
Victims that go through mental and physical injury endure all through their lives, as their spot is in the general public changes. It is the state’s obligation to offset the sufferings of different victims all around the country. Assuming the situation with victims is eased; it would be the initial phase in the decrease in wrongdoing and consequently will prompt a specific measure of command over the violations.[7] So to lighten the situation with the people in question and foster the subject of victim logy, the accompanying measures ought to be taken on:
- Appropriate execution on different laid out regulations and laws;
- Since a larger part of wrongdoings are against ladies, women empowerment in the fields assuming that criminal acts are important;
- A different regulation ought to be made for the benefit of victims to the extent which provides them timely justice with fair and reasonable opportunity given to them to be heard.
[1] Apurva Rathee, A brief study of concepts of Victimology and Rights of Victims under Indian law, Available here
[2] Gurratan Wander and Harsimrat Kaur, Victimology and Emerging Trends of Compensation, Available here
[3] Victimization and Administration of Criminal Justice in India, Available here
[4] Akash Shah, Victims, victimization, and victimology, Available here
[5] Andrew Karmen, Victimology, Available here
[6] Saurav Kumar, Victim Compensation Scheme: An Aspect of Modern Criminology, Available here
[7] Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, Available here
