tag:blogger.com,1999:blog-6541136381262666757.post6777327815091019402..comments2023-10-25T05:05:00.272-07:00Comments on Reflections: The Idea Of JusticeAnupam Patrahttp://www.blogger.com/profile/00179237569294043987noreply@blogger.comBlogger11125tag:blogger.com,1999:blog-6541136381262666757.post-74799453291308103522014-08-08T20:39:50.448-07:002014-08-08T20:39:50.448-07:00That is correct Siddharth. The lawmakers would hav...That is correct Siddharth. The lawmakers would have to play their roles here.<br /><br />Thanks for reading Siddharth.Anupam Patrahttps://www.blogger.com/profile/00179237569294043987noreply@blogger.comtag:blogger.com,1999:blog-6541136381262666757.post-75919389367806493682014-08-08T20:38:56.010-07:002014-08-08T20:38:56.010-07:00I agree Tomichan. Thanks for reading and sharing y...I agree Tomichan. Thanks for reading and sharing your views.Anupam Patrahttps://www.blogger.com/profile/00179237569294043987noreply@blogger.comtag:blogger.com,1999:blog-6541136381262666757.post-30685578826483528042014-08-08T16:27:27.689-07:002014-08-08T16:27:27.689-07:00Brilliant piece. I love the way you have dissociat...Brilliant piece. I love the way you have dissociated yourself from the emotional facts of the case and allowed an unbiased unprejudiced view of the law and its unfortunate limitations as they exist right now. I also hope that the people in Parliament hear the common man for whom they have occupied their chairs and make amends..Anonymoushttps://www.blogger.com/profile/04804396793756259881noreply@blogger.comtag:blogger.com,1999:blog-6541136381262666757.post-41694990352543802412014-07-22T03:08:50.332-07:002014-07-22T03:08:50.332-07:00It's been enlightening to read the blog and th...It's been enlightening to read the blog and the discussions. The ideal would be where the perpetrator of the crime is allowed to reform himself and the victim(s) get just retribution. But in a country like India which terribly overpopulated this ideal will remain a dream. That's why some judgments have to be harsh. I really don't think death sentence is totally out of place. Take the Nirbhaya case itself as an example. I can't find much sense in the system being lenient towards the perpetrators of such a heinous crime.Tomichan Matheikalhttps://www.blogger.com/profile/05037872309096060126noreply@blogger.comtag:blogger.com,1999:blog-6541136381262666757.post-960643494842430682014-07-21T07:21:49.503-07:002014-07-21T07:21:49.503-07:00Thanks Anupam for the elaborate explanation with r...Thanks Anupam for the elaborate explanation with relevant sections of CrPC. I fully agree with you that evaluation of compensation amount for rape victims at this platform would be like sprinkling salts on their open wounds. I'd only like to say that IMO compensation is not justice but a lollypop of guile.Ravish Manihttps://www.blogger.com/profile/06743610113574998103noreply@blogger.comtag:blogger.com,1999:blog-6541136381262666757.post-15470399368212035182014-07-21T06:41:36.026-07:002014-07-21T06:41:36.026-07:00Dear Ravish have faith. There are provisions for ...Dear Ravish have faith. There are provisions for victim compensation and rehabilitation in our law. It will be undermining the agony of a rape victim if we could determine a compensation for her in a blog discussion. No one can say the exact extent of trauma and perhaps lifelong pain that the victim is likely to suffer. Having said that, law must always answer societies needs in real and quantifiable terms. As much as difficult it is to conclude a perfect compensation for a rape victim, the law has provided the following in general terms. <br /><br />1. Section 357 (1) of Criminal Procedure Code (Cr.P.C.) says that “ when a court imposes a sentence of fine or a sentence (including a sentence of death) of which fine forms a part, the court may, when passing judgment order the whole or any part of the fine recovered to be applied-<br />(a) In defraying the expenses properly incurred in the prosecution,<br />(b) In the payment to any person of compensation for any loss or injury caused by the offence, ........<br />2. Section 357 (3) of Cr.P.C. says that “When a court imposes a sentence, of which fine does not form a part, the court may, when passing judgment order the accused person to pay, compensation to the person who has suffered any loss or injury reason of the act for which the accused person has been held guilty. It is upto the respective Courts to apply their minds to decide what kind of compensation would be the best possible redressal for the victim. <br />3. Not only this, but also the victim can appeal against the first Court’s verdict if no compensation is given or that compensation awarded is not adequate.<br />4. Section 357 A of Cr.P.C (which is a relatively newly added provision) provides about creating victim compensation fund for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who, require rehabilitation. In this regard the District Legal Service Authority has been given responsibility to decide the quantum of compensation to be awarded. The section further provides about awarding compensation irrespective of acquittal or discharge of accused and even in such cases where the offender is not traced or identified but the victim is identified. The State or the District Legal Services Authority, as the case may be, to alleviate the suffering of the victim, may order for immediate first-aid facility or medical benefits to be made available free of cost under this section.<br /><br />The Hon’ble Supreme Court has dealt with this issue time and again with a firm hand as the highest judicial body of our country. It has said “ that victims in criminal cases are often not awarded compensation for the loss and damage suffered by them despite clear provision of law for this and said that all judges dealing with criminal cases be made aware about it. Section 357 Criminal Procedure Code (CrPC) confers a duty on the Court to apply its mind to the question of compensation in every criminal case. It necessarily follows that the Court must disclose that it has applied its mind to this question in every criminal case. The bench said victims should not be "forgotten" by courts while deciding criminal cases and it is court's obligation to apply mind in granting compensation in each case since the provision of Section 356 Cr.P.C. confers a power coupled with a duty on the courts to apply its mind to the question of awarding compensation in every criminal case. We say so because in the background and context in which it was introduced, the power to award compensation was intended to reassure the victim that he or she is not forgotten in the criminal justice system.”<br />So my friend, please be assured that there do exist provisions for victim compensation and rehabilitation in our law. A sensitive and humanistic approach in applying the said provision may just save the day for the victims.<br /><br />And my friend I am not a lawyer, just consider me a student of law.Anupam Patrahttps://www.blogger.com/profile/00179237569294043987noreply@blogger.comtag:blogger.com,1999:blog-6541136381262666757.post-79193176278394696892014-07-21T06:00:30.981-07:002014-07-21T06:00:30.981-07:00What could be the form of compensation/rehabilitat...What could be the form of compensation/rehabilitation for a rape victim? Would that be justice for the victim? Leave the media TRP aside for a while, what are the provisions in IPC/CRPC for rape victim compensation/rehabilitation? I don't think Anupam that there is any. You can better say on this aspect being a lawyer.Ravish Manihttps://www.blogger.com/profile/06743610113574998103noreply@blogger.comtag:blogger.com,1999:blog-6541136381262666757.post-66469646162551613732014-07-21T05:36:55.071-07:002014-07-21T05:36:55.071-07:00I so agree with you Ravish. That justice involves ...I so agree with you Ravish. That justice involves as much as adequately taking care of victim expectations as it is of culprit punishment. Unfortunately what happens is that media highlights only the punishment part a lot and the steps taken for the welfare of the victim is not so publicized for reasons best know to those who do so. Believe me that more often than not every judgment of punishment carries alongwith it a directive of victim compensation / rehabilitation which would become evident upon actually reading every judgment.<br /><br />Thanks for reading and sharing your valuable views Ravish.Anupam Patrahttps://www.blogger.com/profile/00179237569294043987noreply@blogger.comtag:blogger.com,1999:blog-6541136381262666757.post-67411812813288693312014-07-21T05:22:47.393-07:002014-07-21T05:22:47.393-07:00Idea of justice! Sorry to say, we don't have m...Idea of justice! Sorry to say, we don't have much sense of justice; we've only sense of punishment. As I see, punishment cannot be the justice. I believe that justice must have something to do with welfare of victim. But, in the prevailing judicial system, we very much focus on punishing the culprit and neglect the welfare of victim. We pay concern on rehabilitation of culprits. The whole judicial system is based on the idea of culprits' realization of their crime and their transformation into a good being. And, in the rare of the rarest case, when there is no hope left for transformation, we have capital punishment. Ravish Manihttps://www.blogger.com/profile/06743610113574998103noreply@blogger.comtag:blogger.com,1999:blog-6541136381262666757.post-55236373361094016842014-07-18T07:24:31.293-07:002014-07-18T07:24:31.293-07:00I echo your concern too Shweta. Yes, personally sp...I echo your concern too Shweta. Yes, personally speaking, if I were in Judges chair, rape and murder would ordinarily invite a punishment of death from my pen. The Supreme Court has propounded rarest of rare case in two guiding factors, 1. the aggravating factors and 2. the mitigating factors..i ll post it in details..i ll dedicate a separate article for you shweta...your question is thought provoking and deserves distinct discussion...keep reading ...<br /><br />thank you..Anupam Patrahttps://www.blogger.com/profile/00179237569294043987noreply@blogger.comtag:blogger.com,1999:blog-6541136381262666757.post-73494754783789957222014-07-18T06:33:52.084-07:002014-07-18T06:33:52.084-07:00I echo your point Anupam. People holding positions...I echo your point Anupam. People holding positions of such great honor and respect have additional responsibility to be JUST. They have to be fair. I also agree with the point that stay is to give them time and opportunity to prove themselves failing which they would certainly get punished. <br />Capital Punishment in India is if the Honorable Court announces it as a rarest of the rare crime. We know Nirbhaya case accused are booked under sections<br />IPC 366 - Kidnapping, abducting or inducing woman to compel her marriage.<br />IPC 376 (2) - commits gang rape<br />IPC 506 - Punishment for criminal intimidation <br />IPC 302 - Murder<br />While the crime no doubt was henious but Rape is not a rarest of the rare crime. It is a common crime in our country. So what makes it rarest of the rare? The manner in which the gang rape happened? Or she not surviving later? <br />If the manner in which it happend makes it rarest of rare then there are other brutal rape cases such as Chhabirani case of Odisha or 2013 Kamduni gang rape and murder case. In Chhabirani case the Apex body, our Honorable Supreme Court has pronounced rigourous imprisonment and not capital punishment, that too after 22 years. <br />My only point is that if Nirbhaya case is rarest of rare then every rape and murder case should be. Anonymoushttps://www.blogger.com/profile/01272566806003281467noreply@blogger.com