Ideas on the status of the crime victim and advocating a victim justice system that takes care of the need for service and justice to victims of crime.

1. Making The Victim Central to the
Criminal Justice System : Designing &
Managing Victim Justice Services
K. Senthilathiban
senthilsparks@yahoo.com
Ideas shared in the Plenary Session on
“Crime, Victims and Criminal Justice System”
in the 38th Annual Conference of the
Indian Society of Criminology
organised at the Manonmaniam Sundaranar Univeristy,
Tirunelveli, Tamilnadu on October 15, 2015.

2. The gunfire around us
makes it hard to hear.
But the human voice
is different from other sounds.
It can be heard over noises
that bury everything else.
Even when it is not shouting...
Even if it is just a whisper…
Even the lowest whisper can be heard over
armies when it is talking the TRUTH !
In the Movie “Translator”.

3. In the midst of the
ever present loud
voices on police and
prison reforms for
protecting the rights
of the offenders, the
accused and the
prisoners…

4. Are we hearing the Truth
Whispered ?
…the silent voice
of the Victims !

5. …the silent voice of the totally
neglected Victims of Crimes
pleading
that they are the ones who
deserve utmost attention from
the Justice System
in Our Country ?

6. Not Just as a Complainant
to the police or as a
W-1 in the judicial process…
But as someone who is affected,
psychologically, medically, financially..
by the acts of A-1,
A-2, A-3…A-n !

7. Are we
Remembering,
Respecting and Fulfilling
the Social Contract?
Which gives legitimacy for the system of
governance and its justice system and which
assured protection of the people?

8. The Criminal Justice System
is focusing only on the
Criminal
to the complete
neglect of the
Victim !

9. “Let hundred guilty men may go unpunished but one
innocent man should not be found guilty”
“In practice, this amounts to
giving importance to the
prevention of injustice to
one suspected accused in
preference to the denial of
justice to a minimum of
one hundred victims”.
(C.V.Narasimhan, 1985).
Chairman, ISC :: 1991-92

10. Not only that…
The Offenders or Accused are seen as the
Victims of the Unjust Social System?
If that is so, then what about the
actual victims of crime?
Are they the privileged lot in
the society?
…and hence, can be denied
justice?

11. It is time that we
start focusing on the
victims for whom
the entire criminal
justice system came
into existence and
continue to exist !

12. The Victim too have their
rights –
as a human being
and more specifically –
as a victim of crime
because the State has failed
to protect his/her Right to
Peaceful Life and Safety
as guaranteed by our
Constitution !

13. The need of the hour is
 A strong commitment to
refocus the criminal justice
system to make the Victim
central to its process
 Designing & implementing
victim justice services to the
victims to suit the
conditions in our country
 Making the victims feel that
justice is rendered to them
To
Restore
the
Balance!

14. The Victim of the
Crime should be made
the central focus
of the Justice System
and he/she should get
JUSTICE !

15. Why not a
Victim
Justice
System in
India?

16. A Victim Justice System that…
• takes cognizance of the victims’ sufferings
• senses the needs of the affected victims and
ensure that most of them are met with
appropriate services
• provides space for them to be heard and play
a central role in the judicial process
• ensures protection of victims’ interests
• Ultimately renders justice to Victims !

17. Rights of the Crime Victims
• The right to protection
from criminal acts.
• The right to redress for
pain, loss and injury
inflicted by crime and
• The right to dignity,
respect and a fair deal
from the criminal justice
agencies.
Need
for
Justice !

18. The right to receive
compensation from the
State, when such
compensation is not fully
available from the
offender.

19. So, what needs to
be done?

20. V Care Unit at Police Department
• Victim Support Unit for very two police stations
with officers, in the rank of Inspectors suitably
selected for their humane approach and
appropriately trained in assessing victims’
needs and to plan out services for
– Immediate Practical Needs
– Medical Needs
– Psychological Needs
– Informational Needs and…

21. V Care Unit at Police Stations (contd)
• They can interview the victims and prepare a
Victim Statement on Impact of
the Victimization
should become integral part of the case documents
and need to have evidentiary value in the judicial process.
• Liaison with professional agencies which can provide
psychological services to victims who need them
• Brief about the overall judicial process.
Single point contact for the victims
for any future need for information.

22. Prosecution should define its role as a
legal support unit for the Victims
apart from representing the State!
Should provide all services relating to
• Needs for legal Support, advice and assistance
• Information about the procedures and practices of the
criminal justice system in a non-technical language.
• Information about the progress of the investigation, of
any offers or bargain charges, pleas or sentences and of
any post-sentence proceedings involving release of the
offender.
• Ensuring the right to present views and to participate in
each stage of the criminal justice process.

23. Prosecution should define its role as a legal
support unit for the Victims… (Contd)
Should provide all services relating to
• Maintaining privacy and dignity for victims
during trial proceedings
• Advance notice and due consideration on the
scheduling of court proceedings.
• property returned when recovered.
• Ensuring speedy disposition of the case and
• Compensation from the State, when such
compensation is not fully available from the
offender.

24. Prosecution should also ensure that
the Statement of Opinion by the
Victim about the sentence is elicited
and recorded!
When the offender’s opinion on
the sentence is asked for and
recorded, why not Victim’s
opinion?

25. Community Based Victims Services
• Victim Support Groups : Comprising of volunteers at the
local community level, liaisioning with the police, who can
assist the crime victims in getting emergency needs met
with and in their reorganization.
• Agencies for providing specialized services like health
care, psychological counseling, psychiatric assistance,
legal advice etc., when there is a need.
• Transition Homes: To provide emergency living
accommodation for victims of crime who are left without
a roof over their head, e.g. for victims of arson, victims of
domestic violence who have left their house, victims
displaced by caste or communal violence, etc.

26. A movement, with courage,
conviction and dedication, need to
start to press for incorporating
Victims’ Rights in the Indian
Constitution !
This will facilitate modifications to the
Criminal Procedure Code and to the Indian
Evidence Act to enable the victim(s) play a
central role in the criminal justice process
and get justice which is denied till now!

27. The amount of victimization
prevented &
the Extent of Justice provided to
the Victims
need to become significant
indicators of effectiveness of
Victim Justice System.

28. “The guilty man lodged, fed, clothed, warmed,
lighted, entertained at the expense of the State in a
model cell, issued from it with a sum of money
lawfully earned, has paid his debt to the society for
the crime he has committed.
But, his victim has his own consolation;
he can think that by taxes he pays to the treasury,
he has contributed towards the paternal care which
has guarded the criminal during his stay in prison”.
Adolphe Prins, Belgian Criminologist in the late 19th century
(Barkas, 1979).

29. The offenders are given more and more
protection and the prison reforms
commissions every time recommend for
further improvement in the treatment of
prisoners.
But the victim is left to his/her own fate
uncared for.
The time has come to change this inequitable
treatment and let us strive to get
a position for the victim of a crime
equitable to that of the offender,
if not more than that!

30. “Let Us Create
Something GREAT
for the Victims…
They Deserve It
They Need It &
They have a Right to
Get It !"

31. All The Best !
Thanks For Being With Me !!