A Comparative Study of Laws with Special Reference to Protection of Victim S Rights

Abstract

Victimology deals with the study of problems of victims of crimes and their right to claim compensation which includes rehabilitation and restitution, from the offender or the authorities of the State. In 1937 Benjamin Mendelsohn started the scientific study of victims of crime, and introduced quotthe science of the victimquot, for which in 1947 he coined the term quotVictimologyquot. Later on, in 1948, the other forefather von Hinting, published his book: quotThe Criminal and his Victimquot. The first international conference on victimology under the auspices of United Nations was held at Jerusalem in the year 1973. After a decade, the United Nations General Assembly in 1985, adopted a Declaration of the Basic principles of Justice for the victim of crime and abuse of power. The declaration envisages the basic norms to be adhered to for the recognition of victims right to information, treatment, restitution, compensation and assistance. The council of Europe has similarly addressed the problems of victims rights and has produced one convention, the European convention on the compensation of victims of violent crime and guide lines in 1983. The convention deals with compensation for the victims and the guidelines deal with the treatment of victims by State agents such as the police and courts, and the assistance which victims need. The main objective of criminal justice system in any country is to protect the rights of the individual and the state against intentional infringement of the basic norms of the society by unscrupulous persons. This objective is sought to be achieved by ensuring that the accused is punished in accordance with law, in the process of which every measure is taken to ensure that the rights of the accused is safeguarded. However, it is disgusting to note that the system does not give much similar concern for the victims of crime. It is always presumed that when the offender is convicted and punished, the victim s claims are sufficiently satisfied. However, the reality is far from true. In any criminal case,