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NCJ Number: 202217 Find in a Library
Title: Position of Victim Support Schemes in India (From Victims and Criminal Justice: Asian Perspective, P 63-82, 2003, Tatsuya Ota, ed. -- See NCJ-202214)
Author(s): K. Chockalingam
Date Published: 2003
Page Count: 20
Sponsoring Agency: Hogaku-Kenkyu-Kai, Keio University
Tokyo 108-8345, Japan
Sale Source: Hogaku-Kenkyu-Kai, Keio University
2-15-45 Mita, Minato-ku
Tokyo 108-8345,
Type: Legislation/Policy Description
Format: Book (Softbound)
Language: English
Country: Japan
Annotation: After an overview of the victim support movement and the victim support services in Asian countries, this chapter describes and critiques the principles and practice of crime victim services in India.
Abstract: 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. If a fine is involved, it can be applied to mitigate victim injuries, but only when the court determines that damages are recoverable by the victim in a civil court. The chapter describes efforts underway to expand compensation to cover all criminal cases, and the program of victim assistance instituted in one Indian State is profiled. The chapter concludes with a brief discussion of international efforts toward the uniform implementation of the U.N. Declaration on the Basic Principles of Justice for Victims of Crime and Abuse of Power. 14 references
Main Term(s): Victim services
Index Term(s): India; Restorative Justice; Victim compensation; Victim-witness legislation; Victim-witness programs; Victims in foreign countries; Victims rights
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