The emergence of compensatory jurisprudence is a progressive sign indicating that the judiciary has assumed the duty to protect the right of life and the personal right of all persons, irrespective of the non-appearance of any rapid constitutional provision and judicial precedents.
The Supreme Court of India adopted compensatory jurisprudence by reference to the powers mentioned in Article 32 of the India Constitution, which have taken a great interest in recent times in view of the rise of political instability incidents, police lawlessness, custodial torture, illegal detentions, etc. The victims could claim compensation in the torts law for injury to a person or property that have been harmed. But sadly, it can take the victims decades to get the damages or compensation order through the courts, resulting in a lot of suffering.
Article 32 of the Indian Constitution deals with the power of the SC to impose a way or order or written order that may be appropriate for any of the rights referred to in Part III of the Constitution, including writings in the form of habeas corpus, prohibition, mandamus, quo-warranto and certiorari; The right of the SC to exercise, in accordance with Article 32, any rights dealt with in Part III of the Constitution itself is a fundamental right.
Remedies for the protection of the rights given in this part
The right granted under this Article shall not be suspended unless the Constitution provides otherwise
The victims of crime will be compensated generally in compliance with five statutes
The legal structure for compensation for victims of crime can be defined in three major laws, namely as
It provides that if the offender is sentenced to a penalty of which the fine is part, a certain amount of the fine may be applied to the recovery of any loss of property suffered by the victim.
Every State Government shall, in consultation with the Central Government, draw up a scheme to provide funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and need rehabilitation.
It provides that the court ordering the release of an offender pursuant to section 3 or section 4, that, if it considers it necessary, issue at the same time another order requiring the offender to pay-
Victim of crime in the criminal justice system is still a "Forgotten Man." The need for the hour is a paradigm shift in the justice system. There should be a change of thinking and focus from criminal justice to victim justice, but victim justice is seen as complementary and non-contradictory to criminal justice.Do you think there is a need for change in the justice system?
The doctrine of REBUS SIC STANTIBUS provides enforceability of a treaty due to change in fundamental circumstances. This is one of the oldest norms of International law.
Under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities), some new offences of atrocities have been included in the act.