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AN IN-DEPTH BOOK REVIEW ‘A GLOBAL PERSPECTIVE ON VICTIMS OF CRIME & VICTIM ASSISTANCE; BEST PRACTICES AROUND THE WORLD’
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AN IN-DEPTH BOOK REVIEW ‘A GLOBAL
PERSPECTIVE ON VICTIMS OF CRIME & VICTIM ASSISTANCE; BEST PRACTICES AROUND
THE WORLD’
AUTHORED BY - HARINI RANGAVITTAL
ABSTRACT:
This book primarily, covers various
research articles, on victimisation around the world. Prevention of
Victimisation, the after effect on the victims, the concept of justice, sexual
victimisation, victimisation of women, etc are principally thrown some light
onto.
These research articles published in
the form of book gives a wide area of gamut in the said field. Since global
practices are analysed, many insightful recommendations have been made which
substantially are felicitous in the modern era.
This book analysis, predominantly
scrutinizes the 19 chapters published and gives a concise view on the same and
encompasses the essence of the material. Further, ascendancy includes the merit
of inclusion of diverse authors which acts as an under one roof manual.
The numerous judicial pronouncements
analysed provide helpful comprehension of the current issues pertaining in the
current scenario. Researches include empirical study as well as doctrinal study
which enables the readers to peruse first-hand information.
Victims of crime as well as victims
of other predicament matter are included. Besides mentioning the legal
intricacies involved in the subject matter, it also covers the psychological
challenges faced by the victim, which acts as a major conundrum in the current
society.
KEY WORDS: Victims, crime, justice,
fear, victim assistance, etc.
INTRODUCTION:
Crime and Victim are two sides of the
same coin. But very often the other side of the coin namely victim is not given
the required assistance. This issue is prevalent throughout the world. Numerous
studies have been made which delves into the significance of victim study. This
enables one to sympathise with the victims, thereby providing the right
assistance required to them. Society as a whole will evolve for better when the
crimes occurring in the society relegate to a considerable extent.
Various scholars have presented
numerous solutions for attaining the said object. But implementation of such
solutions is a strenuous progression. The diversity among nations adds up to
the hurdle. Providing victim assistance is the indebtedness of the society as a
whole. This review gives a comprehensive view over the study of victimology
throughout the world.
CHAPTER 1[1]:
The father of victimology Benjamin
Mendelson defined victimology with a diverse inclusion of victims not just
limited to crime but extending upto victims of disasters, accidents, wars,
discrimination, etc. The key emotion is suffering which may occur due to
various causes. This article mainly analyses the corelation between
technological advancement and victimology in a victimogenetic technical
environment. Prominent figures such as Elias and Fattah tend to refer towards
criminal victimisation.
Driverless vehicles operate on set of
algorithms programmed which are expected to think humanely as feasible. Harari’s
analysis on replacement of human workforce with technology has been examined.
The author states the victimisation of potential employees who may face
joblessness if technology is substituted with them. The statistical references
of unemployment in US have provided a neoteric standpoint. A Ban on such technology may not be effective
socio-economically unless all the countries agree to do so which is utopian.
It is suggested by the authors to
adopt deontological framework to algorithms instead of pre-programming whom to
victimise in case of any misfortune. A value-for-life framework in modern
society is unacceptable as it discriminates based on age, gender or social
status for victimisation which is against the human rights principles.
CHAPTER 2[2]:
The author focuses on the quandary of
wrongful detention and custodial death which are the results from abuse of
power. Abuse of power is executed when the power is exercised beyond the legal
limitations. The United Nations declaration of ‘Human Rights’ also represents
its legal power. Abuse of power in relation to wrongful custody is done also as
a result of pressure imposed involving social, systematic and personal issues
faced by the investigating body. The UN Secretary General, 1990 and The
European Convention on Human Rights enumerates that arrest can only made with a
valid detention order. A person arrested is entitled to know the reason of his
arrest. Arrested person, within 24 hours has to be presented before the
magistrate. Even in case of preventive detention maximum period of 2 months
only is allowed.
In the cases of Sunil Batra v. Delhi
Administration[3] and Rama
Murthy v. State of Karnataka[4]
protection of fundamental rights of the accused has been reinstated. The third
report of National Police Commission made observation that the power given to
the police are often misused by them. People who have political connections
often getaway as opposed to common people who tend to be harmless. Several
cases are analysed in detail in this paper. The custodial death of Jayaraj and
Bennix in Thoothukudi and Father Stan Swamy are analysed in detail.
Constitutional provisions such as Art. 32, 20, 21, 22 are also pondered in this
study. This paper throws light upon both national and international provisions
relating to arbitrary arrest and custodial death and suggests that it could be
reduced by raising awareness of legal rights that people are entitled to.
CHAPTER 3[5]:
This paper analyses the result of
IDPs due to local ethnic conflicts. This issue is predominantly seen in many
African countries facing political instability, violence, ethnic mobilisation,
etc. Democratic Republic Congo, Syria and Ethiopia are the top three countries
which has the worst internal displacements. Internal Displacements are not only
the issue of national concern but also involves international attention. The UN
Guiding Principle of internal displacement has 30 principles which aims at
protecting the rights of IDPs. According to the Norwegian Refugee Council,
Africa has a population of 25.1 million people who are internally displaced.
Besides internal disturbances, natural disaster in the continent attribute to
this problem as well. The Kampala Convention of 2009 has been scrupulously
examined which protects the human rights of IDPs. Statistical information of
internal displacement due to natural calamity has also been provided by the
author. Many organisations such as International Labour Organisation, United
Nations Children’s Fund, United Nations High Commissioner for Refugees,
Government of Netherlands, the World Bank have been aiding Ethiopia in its
internal crises.
The author thereby suggests resettlement assistance to be provided for curbing this issue.
The author thereby suggests resettlement assistance to be provided for curbing this issue.
CHAPTER 4[6]:
This paper mainly articulates the
crime prevention strategies which is the first step to prevent victimisation.
Crime prevention model has been compared with public health model for
facilitating both prevention, control and reformation. This was conceptualised
by Wolfgang. Criminal justice functionaries have multiple components which has
to be analysed judiciously. It has been divided into Primary, Secondary and
Tertiary.
The popular models in the paper
includes Community-based crime prevention which consists of inclusion of
heterogenous neighbourhood. The environment surrounding also may contribute to
any wrong-doing. Monitoring has been prescribed for reduction in crime rate
based on observations made in Delhi and Chennai. Target solidifying mainly
deals with reduction of possibilities of committing wrongful act. Various crime
prevention models discussed in this research is suggested to be executed
according to the need of the society by the author.
CHAPTER 5[7]:
The primary emotions of victims include
fear, anger, guilt, grief, pain, loneliness, confusion, shame, etc. Maslow’s
paradigm of needs starts from basic human survival and reaches to
self-actualisation. Social acceptance and love are essential to survive and
overcome the aftermath of the trauma. Anthony A.J. Taylor recognises Justice as
a Basic Human Need. The emotional trauma undergone by the victims can be
treated with the help of the community surrounding them. The author enunciates
that justice is served only when the victims have reconstructed themselves
towards their abilities to meet their needs. Different combination of emotions
has different effects on the victims. Substantive Justice is widely aspired,
but systematic justice is the one that is implemented. The author concludes the
paper by stating that hope is the ultimate key to emerge out of trauma.
CHAPTER 6[8]:
This paper has implied empirical data
to study the fear of sexual victimisation of women and the protective
strategies they adopt consequentially. Ferraro made an observation that
victimisation of women in rape and sexual assault is 10 times higher than
men’s. Protective strategies include prevention mechanism such as taking up
self-defence classes, carrying weapons, installing burglar alarms, etc.
Avoidance behaviour includes reduction of contact with areas that are
crime-prone. Cronbach’s reliability test of questionnaire proved to be
effective. This paper proved that with decrease in age, protective strategies
adopted by women increased. It was observed that the mere fear of sexual
victimisation impacts women to a greater extent.
CHAPTER 7[9]:
Compliance of societal norms was
regarded to be a mandate in order to elude the possibilities of crime which may
occur against them. The definition of crime was found to be dynamic which
changes according to the facts and circumstances. The general laws and specific
laws governing crime against women have been analysed. Statistical inferences
drawn related to crime against women proved to be increasing at an alarming
rate. Victim precipitation theory states that victim plays a part in the commission
of crime, which has its own criticisms. Lifestyle theory suggesting that the
surrounding environment contribute to crime commission. Routine activity theory
is based on three variables-suitable target, motivated offender, capable
guardian. Various other models such as SARA Model, Ekbloms 51s, were analysed.
The study’s object includes mechanisms of crime-prevention against women in
Kerala. The observation of the study presented better policies need to be
formulated for reducing victimisation of women.
CHAPTER 8[10]:
The aim of the study is to escalate
the aviation security to relegate victimisation through hijacking. This paper
seeks to bridge the gap between passenger’s satisfaction and security concerns.
Various security systems have been analysed in detail. Few examples include
Advance License Plate Recognition System, Driver’s image capturing technology,
Door Frame Metal detector, Behaviour profiling technique, body worn cameras,
Shoe scanner, Liquid Bottle scanner, Beacon technology, etc. Primary data
collection in this regard demands for innovative technologies to be introduced
to speed up the screening process.
CHAPTER 9[11]:
This paper focuses on the appointment
of Commissioner for victims’ rights. The Appointment of commissioner also had
association with the political system prevailing there. The role of the
commissioner was not to replace the voices of the victims but to just amplify
it and provide them with all the required assistance. This paper articulates
the structural framework of victim assistance which is provided by the
commissioner in various parts of Australia.
CHAPTER 10[12]:
Victimisation avoidance occurs
firstly by not reporting the crime fearing backlash, denial of support, etc.
Secondary victimisation occurs at police stations, when they fail to sympathise
with the sensitive issue provided before them. Tertiary victimisation involves
the society as a whole which includes police communication of investigation
reports, court room hassles, etc. Secondary sources of data were collected from
Crime record bureau of Chennai and Villupuram. Primary sources of data were
collected from the arrested persons. The study revealed that criminal laws have
to be amended to be more victim friendly.
CHAPTER 11[13]:
Kashmir has been a land which has
always been a dispute between Pakistan and India. This research has collected
primary data from the local civilians there, concerning their PTSD encountered
due to terrorism prevalent there. Out of 332 respondents, 47% exhibited PTSD
symptoms. The civilian victimisation in Kashmir, has caused major disruption of
peace in the state, which requires the governmental interference was inferred
in this study.
CHAPTER 12[14]:
This paper aims to identify the
paucity in the existing legislation regarding protection of women and to
suggest effective solution for reduction of harassment of women. The
legislations examined in this study includes Molestation(sec 354 IPC), Sexual
harassment(sec 509 IPC) and Tamil Nadu Prohibition of Harassment of women Act,
1998. It was observed that more than 70% of the victims are opined that the
existing laws are not fully efficient to address the raising problem. It is
recommended that awareness of law has to be raised among women and children by
the government by including this as a subject in schools and colleges.
CHAPTER 13[15]:
The practice of restorative justice
aims at reforming the offender and restoring the victims and the community.
Compounding of offences is seen as a centre piece of restorative policing. This
research is exploratory research whose sample size consists of police officials
of Karnataka. It was observed that though the respondents majorly were not
aware of the term ‘restorative policing’, they were familiarised with the
concept. More than 90% of the respondents agreed that restorative policing was
in actual parlance practised. The author opined that restorative justice
process does provide highest benefit to the victim and therefore proper
training regarding the said concept should be given to the police force.
CHAPTER 14[16]:
The paper highlights the practise of
human trafficking around the globe which usually takes place between a less
developed country to wealthier countries. United Nations strongly opposes sex
trafficking and prostitution. Consequences of exploitation includes
psychological impact, health, physical consequence, legal consequences and
economic consequences. The Ujjwala scheme of the Central government was
analysed. The research concluded that better efforts by various stakeholders is
essential to aid the victims of commercial sexual exploitation, concerning
their vulnerable state.
CHAPTER 15[17]:
This article addresses the hurdles
faced by women in accessing justice due to various sociological reasons. The
International and national legislations such as the Constitution, the Vishaka
guidelines, Indian Penal Code, etc to a considerable extent elate the principle
of equality. Various initiatives taken up by the Central government has been
explored in detail, whose examples include Nirbhaya fund, One stop Centre,
Women Helpline, etc. Institutional framework setup by Odisha and Delhi
government includes Maadhyam, ANWESHA, Sadhana Foundation, etc. Other
initiatives are prominently taken up by NGOs, NOPs, etc. The overview of
various frameworks enables one to cognise the desperate efforts made in order
to uphold justice to the vulnerable group of the society.
CHAPTER 16[18]:
The civil war in Sri Lanka between
the Elam Tamils and the Sinhalese ended in the year 2009. Transitional justice
preaches for reconciliation process for providing justice to the victims. The
stages of reconciliation is divided into
1. Non-violent coexistence for replacing fear
2. Trust and confidence development when
fear is no longer present
3. Creation of empathy.
Maintenance of peace after the
post-war scenario is the major challenge. This paper highlights the requirement
of transitional justice, by effective interference of Truth commissions,
criminal tribunals, etc.
CHAPTER 17[19]:
More than 10% of the sexual assaults
and rapes are committed against single victim by multiple offenders (according
to the National Crime Victimization Survey) which cause serious negative
psychological impact. 130 rape cases are studies in this research. Provisions
of the Indian Penal Code governing this crime has been examined.
This research has two major case studies. This
first one, where the woman was raped by her own maternal uncle and his friends
and in the second case study, a woman was raped by the tenants of the building.
These case studies enable one to understand the psychological effects faced by
such gang rape survivors. Many such horrifying incidents go unreported due to
various reasons such as victim shaming, lack of community support, etc. This
research is concluded by observing that the term ‘honour’ is not dependent on
the women of the society as it is generally perceived.
CHAPTER 18[20]:
This research delves into the concept
of victimisation of foreign tourists through crimes like robbery, theft, etc.
This analytical study has been conducted using secondary data. Tourism being a
crucial sector in the economy has to be protected as it reflects the pride of a
country. NCRB Data has revealed that Delhi had most crimes against foreigners
in 2019. Many horrifying crimes committed against foreigners have been
analysed. It is suggested that foreign tourism in India has to be protected and
assistance by police officials has to be implemented in an effective manner.
CHAPTER 19[21]:
This paper examines the notion of
female foeticide and female infanticide in India. The societal perception of
having son/s has been deep-rooted to the extent that people were ready to kill
a girl child whether or not in the womb. Therefore, the author suggests to
combat this issue by conducting various gender sensitization programs to
facilitate positive revolution in the society. The Beti Bachao Beti Padhao
scheme of the Central government aims at bringing the above positive change.
CONCLUSION:
This compilation of research papers
gives a diversified observation of victims of various predicaments prevailing
in the society. Victim assistance is not a straight jacket formula that can be
implemented. For instance, different victims of similar crime may require
different kind of assistance. Therefore, it is a separate field of study, which
has to be given more prominence in the criminal field.
[1] A CONTEMPORARY VICTIMOLOGICAL
DIMENSION OF TECHNOLOGY: THE ALGORITHMIC SOCIETY AND POLITICS OF LEGITIMATE
VICTIMIZATION By Armando Saponaro
[2] CROSSING THE TRESHOLD FROM OFFENDER TO VICTIM: ROLE
OF THE POLICE AND JUDICIARY IN TILTING THE SCALES By Beulah Shekhar
[3] (1978) 4 SCC 409
[4] (1997) 2 SCC 642
[5] CONFLICTS AND INTERNAL DISPLACEMENTS: AN OVERVIEW OF
VICTIMIZATION ON INTERNALLY DISPLACED PERSONS(IDPs) AND VICTIM ASSISTANCE
TRENDS IN ETHIOPIA By G. Shunmuga Sundaram and Getinet Debalke
[6] CRIME PREVENTION AND VICTIM ASSISTANCE: TWO SIDES OF
THE SAME COIN By Vipin Vijay Nair
[8] FEAR OF SEXUAL VICTIMIZATION AND ITS INFLUENCE ON
AVOIDANCE AND PROTECTIVE STRATEGIES: AN EMPIRICAL STUDY AMONG WOMEN IN CHENNAI
CITY By K. Kuralarasan and M. Priyamvadha
[9] PREVENTION OF VICTIMISATION OF WOMEN: A STUDY ON THE
POLICIES AND MECHANISMS IN KERALA By Archana S. Viswan
[10] PREVENTION OF VICTIMISATION
THROUGH HIJACKING BY THE INTEGRATION OF EMERGING TECHNOLOGY IN CIVIL AVIATION
By P.Gireeshan
[11] THE COMMISSIONER FOR VICTIMS’
RIGHTS, SOUTH AUSTRALIA: INTEGRAL TO STRENGTHENING THE RIGHTS OF VICTIMS OF
CRIMES By Michael O’Connell
[12]TWO SIDES OF THE SAME COIN
PROACTIVE POLICING AND VICTIM ASSISTANCE By K.R. Shyamsundar
[13] PSYCHOLOGICAL IMPACT ON THE
VICTIMS OF TERRORISM AND ARMED CONFLICT IN KASHMIR By Sharon Thomas
[14] TAMILNADU PROHIBITION OF HARASSMENT OF WOMEN ACT,
1998: AWARENESS OF LAW AND PREVENTION STRATEGIES AMONG VICTIMS By Sowmya Kumar
[15] TRACING THE SIGNS OF RESTORATIVE POLICING IN KARNATAKA
STATE POLICE: A MICRO-LEVEL EXPLORATORY STUDY FROM UDUPI AND MANGLORE CITIES By
Jovita Caroline Andrade and Rufus Devairakkam
[16] ROLE OF VICTIM ASSISTANCE SCHEME
IN EFFECTIVE REHABILITATION FOR VICTIMS OF COMMERCIAL SEXUAL EXPLOITATION By
Vipin Vijay Nair, Sanjeev P. Sahni and D. Daniel T. Andzenge
[17] VICTIM ASSISTANCE PROGRAMS IN INDIA:
GOVERNMENTAL AND NON-GOVERNMENTAL INITIATIVES By Beulah Shekar, Priyamvadha M,
Keerthi Bolleneni, Anuradha S, Neeru Mishra, Minakshi Sinha and Sujata
Mohapatra.
[18] VICTIMS IN POST-CONFLICT SRI LANKA SEEKING
TRANSITIONAL JUSTICE ON THE ROAD TO PEACE AND RECONCILIATION By R. Ranjani
[19] NARRATIVES OF SURVIVING ‘GANG RAPE’ AND VICTIM
ASSISTANCE PROGRAMS FOR SURVIVORS By Vibha Hetu
[20] VICTIMISATION OF FOREIGNERS IN INDIA: AN ANALYTICAL
STUDY By Sunanda Bhagavathy
[21] COMBATING COLLECTIVE GENDERED CRIMES AT BIRTH IN
INDIA By K. Gulam Dasthagir
Article Information
AN IN-DEPTH BOOK REVIEW ‘A GLOBAL PERSPECTIVE ON VICTIMS OF CRIME & VICTIM ASSISTANCE; BEST PRACTICES AROUND THE WORLD’
Authors: HARINI RANGAVITTAL
- Journal IJLRA
- ISSN 2582-6433
- Published 2025/03/17
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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