Author : Saud Khalid, Jamia Millia Islamia
Victimology, Victimization, Accused, Victim, Pretention.
Victimization of the accused could be said making the accused a victim through various processes which could be a fault or purposely have been done by one of the institute of public or private individual.
Pretention of the wrongdoer as victim is mainly said to be done when the wrongdoer himself plays the victim card in spite of committing the crime and making others as a scapegoat for her/his actions.
Due process of law is to be in facilitating procedures. A person accused of can suffer from many loopholes of the system, which would only act as a catalyst in the reaction of victimization.
The state has augmented its realm extremely in the past few years and it is in every feature of the citizen’s life.
Victimization of the accused is most often seen to be in the form of an institutionalized victimization, most of the times the accused have to suffer victimization at the hands of the police and investigation personal these could be for the aggravated by the media trials which are conducted in various stages and further make up the minds of the people at large.
Pretention of the wrongdoer as a victim can most often be seen as victim blaming, when we are talking on victim blaming it occurs when the victim of a crime. Classic example of this thing can be seen during the Holocaust, all of the crimes were done by the Nazis were done on the Jews. They themselves were not taking the claim that they have committed the crime instead they blamed the Jews that they were lower than the Aryan race, so they deserved what was written in their faith according to them.
Victimization of the Accused
A person is presumed to be innocent until the contrary is proved. If this is the law this must guide the Courts and all persons responsible for the administration of ‘criminal’ justice in their day to day duty or work concerning these matters. But what one, who is acquainted with this branch of the administration, sees is the direct opposite of the above principle.
It is a long and painful story to detail the treatment of the suspected persons by the police at and after their apprehension. But when accused persons are brought before Court for inquiry or trial it jars one’s sense of fairness to see as to why Court should treat them as if they are already convicted persons.
Victimization of the accused can also be done by individual’s relatives and friends.
Extra judicial killings are one way where accused ultimately goes through victimization. Access to justice and free legal aid is provided to each and every section of society. However, the actual access appears a distant dream in such circumstances. Depriving the opportunity to defend and prove innocent is the extreme stage of the violation of the access to justice. Also, however heinous crime is, whatever reason there may be, none of them justifies the killing of a person taking their precious and dignified life without a fair trial. Extra-judicial killings erodes the rule of law and the credibility of the criminal justice system. Without giving due respect to the criminal justice system and the safeguards available to the accused, there cannot be survival of human rights.
One would imagine that given the near sacred status of the presumption of innocence, it cannot be compromised in any circumstance whatsoever. They strip the principle of its very essence and replace ‘innocent until proven guilty’ with ‘guilty until proven innocent’, making the accused a presumptive criminal who needs to prove his innocence.
Media trial can also be seen as a way of making the accused go through the process of victimization. One can see through a list of series of events that happened in the past, along with the present for example making a terror accused who is not terrorist but being declared by the media as the terrorist and being acquitted by the court after 28 years can be seen as a several infringement of his rights, he has not only wasted his whole adulthood in the process of being a victim of the justice system but also the media which has played a major role in making him appear as a criminal in the eyes of public. Similarly it can also be seen in lights of this being presented as a rapist in the eyes of the media even before the trial, the accused is further assumed by people who he has never known to be a rapist and not a rape accused. A whole community being blamed as a spreader of a deadly virus which ultimately seems to be baseless since there was no conspiracy but ultimately it was done by the media that they were conspirators in doing something which was never thought in the first place.
Lastly when an actor allegedly committed suicide, media did not refrain in turning whole table upside down, in process of which an actress was made a criminal and not an accused by media. Ultimately most of the matters including drug peddling, murder, and tax allegations have been waived off by investigating officers, although matter is still sub judice. Ultimately the accused actress said that she herself is now a victim and feels like committing suicide.
The fact that an acquitted defendant might be guilty is a red herring. If the accused is guilty, he should be given the due punishment and must be made to pay the cost of trying to avoid it. However, if he is innocent, he must escape the penalty and be recompensed for any losses he might have suffered from the wrongly directed trial. Also, any intermediate outcome arises; it is guaranteed to be unjust. If the accused is acquitted and recompensed, justice may be done only if the accused may actually be innocent; but the if the accused is acquitted despite being guilty, justice cannot be done, because in such a case, the accused is treated as innocent being guilty while, he cannot be both at once.
Wrongful Conviction is a violation of human rights. Thus the concept has been enumerated in the Universal Declaration of Human Rights, 1945. Further, the International Covenant on Civil and Political Rights, 1966 was a path breaking declaration signed and adopted by the world community to prevent miscarriage of justice. Under Article 14(6) of ICCPR the State has to compensate the victim for a wrongful conviction provided that the conviction was final, and was later reversed or pardoned on the ground of that he was innocent.
Many states in consonance with the above mentioned guidelines have implemented their own statutory provision. In Germany, a similar provision has been provided under Article 34 in the Constitution of Germany, 1949.
Remedies under Law
PUBLIC LAW REMEDY- It is a remedy that is single-minded on a case-to-case basis and thus is very much reliant on the facts and conditions of each case.
PRIVATE LAW REMEDY-The private law remedy for errant acts of State administrators exists in the form of a civil suit against the State and its officials for financial reparations.
CRIMINAL LAW REMEDY- It also deals with the crimes which however not done by public servants but relay to them. Further it penalizes any illustrations of meddling with the investigation, prosecution, trial, and other criminal proceedings by the examining agency such as police officials and prosecution.
Pretention of Wrongdoer as Victim
During Anti- CAA protests the Delhi Police way of dealing with students of university some of whom were only raising their voices, while some were studying in libraries with others around the campus in examination environment by parading them with hands behind the head among other atrocities could be seen as a wrongdoer. Pretending to be a victim can be seen with anyone involved in protest to be charged with UAPA. Ultimately this way of dealing instead of extinguishing it, led to its pan India spread, which were further accompanied by similar action from state pretending to be victim of its population.
Similarly in Delhi riots the charge sheets which were filed were concerned on only one side, while saying a politician telling we will not listen to the police if roads are not cleared after three days is not wrong.
Recently in the case of Hathras Dalit women was gang raped by four upper caste man. Initially case were made and after she died two weeks later the victim brother claim at even after 10 days only one of the accused was to be held in the violence. Her spinal cord was broken and tongue was cut off, this led to her being paralyzed. Victim was cremated in the Midnight around 2 a.m. by the police in spite of no knowledge and consent the family members. Simultaneously what happened to the family, media persons were not being allowed to talk the family. Section 144 was imposed in the area to prevent gathering of people, which turned out to only out of area people since accused were holding panchayat making their own decisions in presence of police personnel. When the police were analysing the crime, they were saying definitions of rape in contrast to IPC with their interpretation of semen, penetration and rape being correct.
The UP Government along with the centre stated that there was a conspiracy to incite caste based riots. Instead of helping the victim in investigation and themselves with the victim cards and arresting other people under UAPA who were covering the case trying to help. The UP police has claimed that call records show that the woman’s family knew the main accused, Sandeep Thakur As per the Call Detail Report released, around 100 phone calls were made from a phone number registered in the name of the girl’s brother and the main accused Sandeep Thakur between October 2019 and March 2020.
Rights guaranteed by states are to be protected states, but there could be instances where the state itself commits crime on its people and act as a victim .As international crimes, a state may engage in state terror and terrorism, torture, war crimes, and genocide.
Accused should be prevented from sentence if he is not the culprit. Otherwise, it will affect all aspect of life including mental, physical and sociological among a list of others. Many academicians have been saying from past till present that it is better to let a guilty let off rather than innocent being punished.
The powerful people of the society in spite of being the wrong doer can pretend to emerge as victim. This could be mainly because of resources which could political, social, and economic or any which could help them to have an upper hand over other individuals.
When people consider them to be victims, there should be some legal entity because of which they would have suffered some injury, it should not be that of some blunder created by them they are just looking to pass the burden to others. Sometimes in cases of family matter also, one of the partner who has done an act in contrary to law, seek to take revenge on the other.
It must be remembered that in ultimately it is violation of basic human rights and thus, protection is the need of the hour.