The Rights of the Deceased: Moral Rights Incidental to Copyright Law
- Vanshika Agrawal
- 2024-04-25
Compensation not enough.
Contents hide
3 Compensation Equitable or not?
3.1 Courts Failed to Acknowledged
4 Repercussions for the Victims
4.1 Constitution of India has no provision for Victim’s Right
– Montesquieu
So, Recently the National Judicial Data Grid (NJDG) recorded that almost 26.55% of appeals made against conviction are pending. In courts for the last 10 years. Where it knows that India’s judicial system is a complex one. It also requires to into consideration that this complex judicial system leads some to question its efficiency. Some outcomes of such a system are wrongful detention, arrest, and conviction. For which the victims of such instances have suffered through time. The more disturbing fact about such instances is that these victims merely compensate in terms of relief for their losses.
Such acts of wrongful detention, arrest, or conviction don’t only violate fundamental rights which are mention in Part III of the constitution but also violate the idea of justice, a small error, or omission in an important judicial procedure. A poor examination of relevant facts of a case leading to the wrongful conviction isn’t only injustice but it pushes its victim into a different kind of life.
A financially restricted victim who is already unable to fight the wrongful conviction through this process also gets drained mentally, and thus, many victims become suicidal, suffer from various disorders like PTSD, and can develop tendencies of self-harm as they don’t see a way-out[1]. In a similar case reported by Times of India, “After 7 years in jail for a rape he didn’t commit, a man wants to end his life”[2]
While on one hand the wrongfully convicted is suffering, on the other hand, the people who are dependent on the convicted, to survive. Are also suffering like in case of Mohd. Jalees Ansari v. Central Bureau of investigation[3] where the victim’s brother had filed a petition asking for compensation as they got financially drained in an attempt to get the victim acquitted.
Even though India once made reservations during the ratification of the International Covenant on Civil & Political Rights (ICCPR). Which requires the signatory countries to make compensation for wrongful imprisonment or detention. The SC of India doesn’t recognize the right of compensation for victims of wrongful detention & arrests.
[4] Rudel Shah v. State of Bihar[5] was the first case where the Supreme Court had granted compensation of mere Rs. 30,000 for a wrongful conviction. Where the victim unlawfully detained for 14 years and Rs.30,000 roughly translates to Rs.3,27,000 as of 2014.
Through this, the court established that under articles 32 & 226 of the constitution, the court reserves the right to grant reimbursements. While in recent years, the courts have recognized compensation as an essential remedy for violation of fundamental rights, it has conveniently failed to maintain a uniform and efficient system.
S. Nawbi Narayan v. State of Kerala[6], where the Supreme court had granted compensation for Rs.50 lakhs in 2014 after 24 years to an ISRO scientist who had been accused of espionage.
Comparing these various instances of wrongful convictions. We can see that the courts have failed to acknowledge, the uniformity in compensation where one victim is getting a mere compensation of Rs. 3,27,000, whereas another, is getting Rs. 50 lakhs. Along with this, it is relevant to note, how it took almost 24 years for the court to correct the wrong of an unlawful arrest. Therefore, courts must observe that the wrongs require to correct in a reasonable span of time so as to preserve the liberty of the victim. The longer the trials take, the more the victim has to suffer throughout the years and a social stigma attached which even after getting acquittal stands in the mind of many.
We can observe today how so many people time and again have arrested, accused, and convicted for a crime they didn’t commit and it becomes a long battle for the victim to prove their innocence and restore their identity in society.
Books like “Prison No. 100: An Account of My Nights & Days in an Indian Prison”, “Framed As a Terrorist: My 14-Year Struggle to Prove My Innocence”[7] talk about the victim’s experience of such instances.
Such instances make us question, how the Indian Judicial System is complying with the principles of natural justice. Where it believes that “Better than ten guilty persons escape than that one innocent suffer- William Blackstone”. These victims face a situation that is very similar to double jeopardy. Even though the victims are the survivors but even after getting acquit they are again put on trial by society. Where again they have to battle and prove their innocence to society so that one-day society maybe accept them.
Surprisingly even though many cases of wrongful conviction, detention, or arrest have come up in recent years. When we look at our constitution. There is not a single provision which talks about a victim’s right to compensation. In light of this, the Law Commission of India in its 277th report suggested to the Government of India that there is a requirement of a legislative framework that shall be responsible for providing rehabilitation and relief to the victims of wrongful prosecution[8].
Some of the victims have legal knowledge or financial aid or are just plain lucky. But, sometimes others are not so lucky wherein due to lack of legal knowledge, lack of financial backing to file a petition or appeal. Many of these victims go through the entire punishment of a crime they didn’t commit. And these people forced to live in prison. Lose so many years of their life just because along the way someone made a mistake.
In the past year itself, we have seen so many cases of unlawful arrest, wrongful detention where peaceful anti-CAA protestors were detained for a long-time and procedural errors were made whose the cost of which was paid by innocent protestors with their only fault being present at the wrong place, wrong time[9].
Keeping the rising count of such instances in mind, it is pertinent for the courts to consider. And create a proper statutory provision under which such victims reserve the right to compensate fairly, uniformly for wrongful arrest, detention, or conviction.
Apart from this, the courts should also take a look at the judicial procedural norms. So that it can ensure that somewhere someone else will not pay for someone’s mistake which can only be done through the way of speedy and fair delivery. As suggested by the Law Commission of India in their report, this can only achieve by establishing special courts that should overlook the matters of claims like nature of the claim, timeline of deciding the claim, etc. because “justice delay is justice deny.”[10]
[1] Shifa Khan, Belittle Right To Compensation For Wrongful Conviction, Legal Service India (Jan. 04, 2021; 11:34 AM), http://www.legalserviceindia.com/legal/article-4479-belittle-right-to-compensation-for-wrongful-conviction.html
[2] Alka Dhupkar, After 7 years in jail for rape, he didn’t commit. A man wants to end his life, TOI, July 27, 2016.
[3] Mohd. Jalees Ansari v. Central Bureau of Investigation (2016) 11 Supreme Court Cases 544, 11 SCC
[4] Avaya Shukla, Innocents Wrongfully Arrest Should be Compensate through a New Law, The Citizen, September 20, 2020
[5] Rudul Shah v. State of Bihar (1983)4 Supreme Court Cases 141, 4 SCC
[6] S. Nawbi Narayan v. State of Kerala 2018 10 SCC 804
[7] Anurag Bhaskar, Jailed for Years: Why India needs a right to compensate for wrongful arrests & detention, ThePrint, July 9, 2019
[8] Auroshree, Wrongful Prosecution (Miscarriage of Justice): Legal Remedies (Law Commission of India- Report No.277)
SCC Online (Jan. 04, 2021; 2:34PM), https://www.scconline.com/blog/post/2018/09/08/wrongful-prosecution-miscarriage-of-justice-legal-remedies-law-commission-of-india-report-no-277/
[9] Sharib Ali, India Could Soon Have a Law to Compensate those who have been wrongfully prosecuted, Scroll (Jan. 02, 2021; 12:48PM)https://scroll.in/article/895007/india-could-soon-have-a-law-to-compensate-those-who-have-been-wrongfully-prosecute
[10] Ellen Garg, The Lost Right to Compensation of Wrongfully Convicted Victims: A Critique, Academic (Jan. 04, 2021; 1:18 PM) https://www.lawctopus.com/academike/the-lost-right-to-compensation-of-wrongfully-convicted-victims-a-critique/
Drop your comment