Indian criminal justice system got from the British framework. The overall criminal justice system is wanted to be at the middle degree of the state. The Indian criminal justice system is no special case to this training. Peace is viewed as the essential obligation of the state. Each resident in a government assistance state anticipates his essential common liberties. At whatever point these rights are abused then common freedoms infringement goes to the center of social work and causes lawfulness issue. At whatever point a resident is hurt, harmed or even slaughtered because of a wrongdoing, he is frequently called a "casualty". Be that as it may, there is an inbuilt instrument to start criminal procedures against such a lawbreaker, albeit such casualties may look for equity by getting the criminal equity framework under way without anyone else, either by their grievance or by educating the police.
The effect of exploitation on wrongdoing influenced people in ongoing many years has pulled in the consideration of criminal law courts far and wide and they were persuaded that casualties should be treated with empathy and that their respect and key rights are secured and safeguarded. In this article, On the challenge of victimology we are examining just two sorts of wrongdoing i.e Intimate Partner Violence and Sexual Violence/Gender based Violence.
The criminal justice system of Indian is ruled by following laws:
The principle investigation of the criminal equity framework so far incorporates hoodlums, their basic liberties, capture, transformation, recovery and feelings. Criminologists and penologists are additionally predominantly worried about them. Survivors of violations have given next to no consideration to them. The expanding pattern of wrongdoing and viciousness in the public arena can't be clarified uniquely by worry for lawbreakers. However long the people in question, who are the cornerstone of the criminal equity framework, are not given their due, and are redressed and restored, society can't live content with itself. It requires a change, as has occurred in certain nations of the world, in authorization, assessment and letters, of existing arrangements of law to repay wrongdoings of casualties. It calls a few alterations to existing arrangements of laws and social designing.
The “criminal justice delivery system” in India that stems from the Anglo-Saxon system is essentially related to the offender, his activities, his rights, and his reform needs. The purpose of the criminal justice system is, at present, limited to the simple object of ascertaining the guilt or innocence of the accused. Unfortunately, importance not given to rights of the victims of crime. It is necessary to introspect to find out whether the India criminal justice system had so far been efficacious in delivering justice to all stakeholders.
The main components of the criminal justice delivery system are crime, interrogation, prosecution, defense, trial, sentencing, corrections, probation, parole and the like and investigation.
Predominantly, the criminal justice system is comprised by the following procedures:
Within the Indian legal framework, the term victim is defined under Section 2(wa) of the CrPC, 1973 as,
“a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression victim includes his or her guardian or legal heir.”
Andrew Karmen defined victimology as:
“relations between victims and perpetrators, relations between victims and the criminal justice system, police and courts, and corrections to officers, and relations between victims and other social groups and institutions, such as the scientific study of media, business, and social movements. “
From this definition, we can see that victimology encompasses the study of
Intimate partner violence (IPV) is defined as any manner within an intimate relationship (live-in, married and, unmarried,) that causes sexual harm, psychological, or physical harm to those in that relationship. This definition includes physical, sexual and psychological assault / abuse or controlling any type of behavior. IPV is different from domestic violence. Domestic violence is defined as the sexual, physical and emotional abuse of a family member. It usually includes all types of family violence such as marital rape, elder and child abuse; However, IPV is restricts to acts of antagonism between intimate partners. Women are more likely to be injured in cases of IPV, male-to-female partner violence has been studied in more detail, although both female-to-male and male-to-female partner violence exist; and the rates of female-to-male partner violence in the general household population are higher than similar or male-to-female partner violence. About 50% of IPVs are bidirectional, and the rest are divided between male-to-female and female-to-male only.
Factors That Extend Intimate Partner Violence
(A) Cultural: Historical and Religious traditions in the past have specifically approved the pursuit and beating of wives under the notion of women’s rights and ownership. This, in turn, vindicates control over women’s sexuality. In various societies, a woman’s sexuality is associated with family honor. Adverse childhood experiences, especially witnessing domestic violence and experiencing sexual and physical abuse, are identified as factors that endanger children. Excess consumption of alcohol and other drugs is also known as a consistent causative phenomenon of Intimate Partner Violence.
(B) Economic:The link between savagery and lack of financial resources and dependence is very clear. Threats of risk and violence prevent women from seeking jobs, and due to lack of financial freedom, they are trapped in an inhuman relationship.
(C) Lawful:Law implementation agencies often reinforce batsmen’s efforts to control and victimize victims. In many cases, despite the enforcement of the law, perpetrators of IPV are dealt with more generously than violators of the same violence with strangers.
(D) Ecclesiastical:There is a wrong perception of the family being private and beyond the control of the state. This problem is from undermining women in power, politics, media and the legal system.
(E) The role of alcohol:There is a strongly prevalent belief in society that alcohol may encourage violent behavior after drinking and alcohol use is increasing as an excuse for violent behavior. Furthermore, it may be that the combination of Intimate Partner Violence and alcohol is more coinciding and an expression of masculinity on behalf of men. Proximal factors, such as the pharmaco-cognitive effects of alcohol, environmental, and social cues, may trigger state anger IPV.
Elements Of Intimate Partner Violence
Health consequences –It lead to far-reaching psychological and physical outcomes, with some fatal consequences. In IPV injuries can range from injuries and fractures to long term disabilities, such as total or partial loss of hearing or vision, and burns may effect from disability. Violence during pregnancy threatens the health of both the unborn child and the mother. Frequent sexual assaults and brutal rapes can lead to unwanted early pregnancies, and dangerous complications that lead to illegal abortions. Girls who have been sexually assaulted or sexually abused in childhood are more likely to engage such as early sexual intercourse and are at greater risk of unexpected and prior pregnancies. Violent woman conditions are capable of using contraception or negotiating safe sex, and therefore, there is a risk increases of contracting sexually transmitted diseases and AIDS/HIV. In addition, there is a greater incidence of stress and stress related illnesses in victims.
Sexual violence
Sexual violence by women and girls is a major problem in India. It is already a challenge for survivors to get justice in the Indian legal system, and people from the country’s marginal communities face even greater hurdles.
Sexual violence is defined as:
“Any sexual act, any sexual act, attempt to obtain unwanted sexual comments or advances, or acts for traffic, or otherwise directed, by a person in any setting, regardless of their relationship to the victim Without, using force by any person on any person. Not limited to home and work”.
Types of Sexual Violence
Sexual violence against men and boys
Sexual violence against men and boys is a significant problem. With the exception of childhood sexual abuse, however, it is one that has been largely neglected in research. Other forms of sexual rape directed against men and boys include homes, workplaces, schools, on the streets, during military and war, as well as in prisons and police custody.
In prisons, forcible sex can be performed between prisoners to establish a hierarchy of respect and discipline. Sexual violence by prison officers, police and soldiers is also widely reported in many countries. Such violence can take the form of prisoners who are forced to have sex with others as “entertainment”, or provide sex for officers or officers in command. Elsewhere, men who have sex with other men may be “punished” for their behavior by rape, social norms are believed to change.
Consequences of Male sexual violence
As happens with female victims of sexual assault, research suggests that male victims are likely to suffer from a range of psychological consequences, both after and long after the attack. These include guilt, anger, anxiety, depression, traumatic stress disorder, sexual dysfunction, somatic complaints, sleep disturbances, withdrawal from relationships, and suicide attempts. In addition to these responses, a study of adolescent males also found an association between victim rape and substance abuse, violent behavior, theft from school, and absenteeism.
Factors increasing men’s risk of committing rape
| Individual factors | Relationship factors | Community factors | Societal factors |
|---|---|---|---|
| Alcohol and drug use | Associate with sexually aggressive and delinquent peers | Poverty, mediated through forms of crisis of male identity | Societal norms supportive of sexual violence |
| Coercive sexual fantasies and other attitudes and beliefs supportive of sexual violence . | Family environment characterized by physical violence and few resources | Lack of employment opportunities | Societal norms supportive of male superiority and sexual entitlement |
| Impulsive and antisocial tendencies | Strongly patriarchal relationship or family environment | Lack of institutional support from police and judicial system | Weak laws and policies related to sexual violence |
| Preference for impersonal sex. | Emotionally unsupportive family environment | General tolerance of sexual assault within the community | High levels of crime and other forms of violence |
| Hostility towards women | Family honour considered more important than the health and safety of the victim | Weak community sanctions against perpetrators of sexual violence | Weak laws and policies related to gender equality |
| History of sexual abuse as a child. | |||
| Witnessed family violence as a child. | |||
Psychological care and support-Support group initiatives, Counseling and therapy have been found to be supportive succeeding sexual assaults, specially where there may be muddle factors related to the violence itself or the process of recuperation
Life-skills and other educational programmes-In the last few years, various programmes for sexual and reproductive health promotion, especially those encouraging HIV prevention, have begun to initiate gender issues and to mark the issue of physical and sexual violence against women
Programmes for perpetrators-Some programmes aiming perpetrators of sexual violence have normally been targeted at men convicted of assault. They are found mostly in modern countries and have only newly begun to be assessed. One method of reaching this is for programmes that aimed male perpetrators of sexual violence to unite with campaigns against sexual violence as well as with helping services for victims.
Health care responses – Medico-legal services-In various countries, where sexual violence is reported the health section has the responsibility to collect legal and medical evidence to verify the accounts of the victims or to support in recognize the perpetrator. Research suggests that medico-legal documentation can raise the chance of a perpetrator being charged, arrested or convicted
Training for health care professionals-Issues regarding sexual violence need to be addressed in the andragogy of all health service staff, including counselors and psychiatrists, in fundamental training as well as in specialized postgraduate courses. Such training should, in the initial place, give health care workers greater awareness and knowledge of sexual violence and make them more able to reveal and handle cases of misuse in a sensitive but efficacious way
Prophylaxis for HIV infection- The probability of pervasiveness of HIV during rape is a significant reason for concern, specially in countries with a high pervasiveness of HIV infection. The use of antiretroviral drugs ensuing exposure to HIV is known in limited contexts to be rational effectual.
Centers providing comprehensive care to victims of sexual assault- As of the dearth of doctors in numerous countries, especially trained nurses have been used in various positions to aid victims of sexual assault. These centers coordinate or provide a extensive of services, including counseling, collecting forensic evidence of assault, community consultation and education , legal support, emergency medical care and medical follow-up.
Prevention campaigns –Endeavour to change public viewpoint towards sexual violence using the media have included advertising on hoardings (‘‘billboards’’) on radio and television and in public transport. Television has been used effectively in many countries.
Community activism by men-A foremost factor in preventing physical and sexual violence against women is a collaborative commence by men. Men’s groups against rape and domestic violence. The basic initial point for this type of commencement is that men as independent should take actions to lessen their use of violence. Particular activities include education campaigns and rallies, group discussions, workshops in schools, prisons, workplaces and work with violent men. Measures are recurrently conducted in cooperate with women’s organizations that are involved providing services to abused women and in preventing violence.
School-based programmes-Manoeuvre in schools is important for turn down sexual and another form of violence. In few years, though, many countries have introduced laws interdicting sexual relations between pupils and teachers. Such actions are vital in supporting eliminating sexual harassment in schools. Simultaneously, a extensive of actions is also needed, including changes to recruitment and reforms of curricula and teacher training, so as to transform gender relations in schools.
Reporting and handling cases of sexual violence-Various countries have a system to animate people to file incidents of sexual violence to the police stations and to upgrade the sensitivity and speed of the processing of cases by the courts. Difficulty are sometimes created by the reluctance of medical experts to attend court. The cause for this is often that the court schedules are uncertain, with cases frequently postponed at short period notice and long time period waits for witnesses who are to give short testimonies
Legal reform-Legal intercessions that have been embraced in various places have included:
International treaties-International treaties are vital as they set norms for national legislation and provide a move for regional groups to campaign for legal reforms. Amidst the pertinent treaties that affect on sexual violence and its precautionary measure include:
An enumerate of another international agreement set standard and limits of deportment, including deportment in conflicts, that required provisions in national legislation
Victims have been discussed as a relatively equitable group with similar needs and experiences of the criminal justice process. Sometimes, it is increasingly recognized that different victim groups may have very different experiences of the criminal justice system. Contrasting theorists propose that people’s life experiences and social responses to them – based on race, ethnicity, gender, sexuality, nationality, and socioeconomic class, are built on multiple, intersectional and socially constructed identities. This perspective, which emerged from critical social theory, argues that some social groups are less socially privileged within society because of their subordinate social conditions. As a result, their lived experiences (including interactions with the criminal justice system) may differ from the experiences of other more privileged groups. Because of this, intersection theorists argue that dominant modes of thought (which have traditionally emerged from a white, male frame of reference) and one-size-fits-all policies cannot accommodate the experiences, or needs, of marginalized victims groups. Accordingly, they call for closer attention to be paid to the lived experiences of marginalized groups within criminological thinking and policymaking.
The review focuses first on best practices with victims in general, with an exploration of victims’ experiences at each stage of criminal justice Procedure, namely, initial police contact, investigation, prosecution, trial, conviction and parole. Next, best practices for victims with specialist needs and experiences were reviewed with particular focus on victims of various crime types, namely victims of intimate partner violence and sexual violence and specific victim groups, including migrant and ethnic minority groups are, people with mental health issues or disabilities, people who experience hate crime, and children and young people. The conclusion draws various strands to provide an overview of best practices to support victims through the criminal justice system
