by Police - Bureau of Police Research and Development

The Indian Police Journalthat the crime is not receding and the State’s efforts for preservationof peace in society are frustrated. The initial focus of Criminologistswas only on the punishment aspect of crime, but it shifted when theyrealized that the person who is victim of crime remains neglectedthroughout the process of Criminal Justice Administration, exceptthe so-called satisfaction of seeing the offender punished. Therefore,Jurists and Penologists in most countries started paying attention to thecause of victim in the form of compensation and the manner, meansand extent to which they could be compensated. Expressing concernfor the plight of victims of crime in the Criminal Justice System, Mr.Justice V.R. Krisna lyer observed:"The Criminal Law in lndia is not victim-oriented and thesuffering of victim, often immeasurable, are entirely overlookedin misplaced sympathy for the criminal. Though our moderncriminal law is designed to punish as well as reform the criminals,yet it overlooks the by-product of crime, i.e. the victim. 1 "The Supreme Court in a catena of cases has held that Right to Life isone of the basic human rights guaranteed to every person by Article21 of the Constitution of India, which cannot be abridged or abrogatedeven by the State. A prisoner, be he a convict or undertrial or a detenu,does not cease to be a human being even when lodged in jail and,therefore, he continues to be entitled to all his Fundamental Rights,including Right to Life guaranteed to him by the Constitution. Evenafter being convicted of a crime and deprived of his Right to Libertyin accordance with the procedure established by law, a prisoner stillretains the residue of constitutional rights. This clearly indicates thatso far fundamental rights or human rights are concerned, the law hasmarched ahead like a Pegasus, but unfortunately, the Governmentattitude still continues to remain conservative and more often thanthe plea of sovereign immunity.As it is, the existing Criminal Justice System seems to be more focusedon the care and attention of the accused rather than the victim of his/her crime. He has the right to be defended by a counsel of his choice,that too at the State’s cost in certain cases and extended a number ofprotections during the process of his trial. Even after his conviction,he is protected against the rigours of punishment under one or theother rehabilitative programme meant for the accused persons. Thus,punishment is more in the nature of treatment, correction, rehabilitation42 January - March, 2013