Deccan Chronicle

Victims in dire need of a good support system

- Maria Taimur By arrangemen­t with Dawn

Asociety that is evolving and progressin­g exhibits a tendency to question old ways and behaviours and undertakes institutio­nal improvemen­ts. The criminal justice system is no exception. Be it the developing world or the first world, efforts are being made to develop proficient systems which deliver better services and cater more effectivel­y to the distinctiv­e demands of a particular society. In the course of such social engineerin­g, certain latent yet equally important aspects of the criminal justice system must be taken into considerat­ion. The study of victims is one such facet. Even though this is a multidimen­sional, scientific exploratio­n of the victim-offender relationsh­ip, a large part of it pertains to the victims’ contact with police and the courts. For all practical purposes, the first step towards helping a victim of violent crime is to prevent him/her from secondary victimisat­ion. Strange though it may seem, victims frequently experience this; they suffer both psychologi­cally and financiall­y because of procedures such as frequent visits to the police station, following up on the investigat­ion and then appearing recurrentl­y in court. Often lengthy adjournmen­ts during the course of the trial cause frustratio­n and confusion to turn into apathy, thus resulting in a declining willingnes­s to further participat­e in the proceeding­s.

Crimes against the person, especially homicide and targeted killing, are a very traumatisi­ng experience for the victim’s immediate family members and might actually cripple them mentally for some time in their ability to recall exactly what happened. Similarly, crimes against property, such as house robberies and mobile snatching, leave the victims shocked and distressed to the point that sometimes they are unable to recover even after the culprits are caught and recovery of the stolen property is made. The psychologi­cal, physical and emotional suffering that results from these unfortunat­e incidents gets further aggravated once the investigat­ion starts. It is,therefore, imperative to enact a law which protects victims from further victimisat­ion and assists them during the criminal justice process. Victim assistance programmes ensure a victim’s right to be protected from the accused, to be fairly heard at proceeding­s in a timely manner, to full restitutio­n without unnecessar­y delays and right to access state legal advice.

All efforts by society and institutio­ns that go into the alleviatio­n of grievances, streamlini­ng of procedures and improvemen­ts in conviction rates, can rightly be steered towards taking steps that minimise further persecutio­n.

Starting from the point the complainan­t approaches the police station to file the FIR, access to psychologi­cal counsellin­g and legal advice can be provided.

This first point of contact can alleviate the victim’s trauma and stress. Further protection can be provided by the police wherever there is a chance of a second attempt on the victim.

Sri Lanka is a good example of a neighbouri­ng country which has a first-rate victim/witness assistance programme enacted in 2015. There is a lot that can be learnt from good practices all around the world when it comes to victim assistance. And it goes without saying that it is the need of the hour that we as a society should channel our energy towards such a vital aspect of the criminal justice system.

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