Victims’ compensation: a legal approach in context of Bangladesh
Someone may differ and can have allergy of the subject matter i am going to portrait.But in fact, whatever or whoever tries to nip in the bud of this kind of well-timed issue will not get mark in the mind of the conscious and concerned authority to leave no stone Un-turned regarding the burning issue”victim’s compensation”. If i focus on and stir the basket of my bitter and bad experiences of dealing with victims, it will account for and ratify the attempt of this write-up . As a legal professional i have seen and have to see thousands of victims of different scale and dimension which really urges to bleed in my heart.
However, crime and criminal tendency in the society is the finished goods of the primitive age ruling to date being allergy like disease which can, in fact, be kept under controlled through proper mode of measures but a little bit tough to wash away from the society . In this land, crimes and brutality on the victims are skyrocketing . Victims of crimes and other factors have to await and count the year after years to get justice and Equity having zero down their emotion and hope to get justified treatment of the brutality and /or deed upon them.
But in real sense, sometimes the fate of the victims may be at good state to get justice on the other hand most of the victims deprived of their opted just and impartial trial showing showing thumb to the constitutional bindings.In our country , people become victim of different nature of criminal brutality etc.For such unlawful act and/ or deed upon the victims , though by proper judicial process and trial ,for example, justice and equity is ensured and criminals are penalized with imprisonment and /or fine; but the question is what exactly the victims are personally getting? Nothing else. Victims loss their reputation , social status , become loser in family , social , professional and personal life.
Not only this, upon some victims, our naked society throws stigma too. No telling to say that victims loss their life being murdered. They become handicapped by losing important organs of their body. There is no denying fact that even rape victims have to remain isolated themselves from our society having the fear of facing critical eyes of every four walls of the country and /or society . Besides, financial and mental loss of the victims of criminal activists brings irreparable loss.
Apart from this, sufferings and harassment march on getting justice and equity from the courts which sometimes discourages the victims to seek justice. In our country, having serious backlogs of cases, continuation of the cases in the courts requires a lot of financial involvement which also bends down the victims at large.
My point is that even though criminals are punished with imprisonment and/or fine, the victims do not get back their pains , sufferings , lives, damage, reputation, mental and physical illness, quality time of life, modesty, virginity in case of rape victims etc. After a long legal fight and tiresome sufferings when victims only get the verdict or punishment so as to concerned against the criminals and the victims do not get any compensation of their sufferings , pains, injury etc.
It is , to me, seemed that irreparable loss of the victims will walk on the rest of lives of the victims , which is unjustified . My logic and understanding is that victims should be given compensation in justified range and dimension and in some cases , they may be rehabilitated as per their capacity . In the developed countries, this concept has already been in operation but in our country except rare cases the question of giving compensation to victims is unheard of . But time has come to think on this. Victims compensation law enactment has been crying need of this age. There may have various way outs how the victims will get compensation and who will pay that compensation in the law.
If the law is enacted upon the victims’ compensation , then it would be added in our judiciary as a modern tool of justice delivery. There may have much work and research on this issue before enacting the law. Stakeholders in this connection may be a source of settling and setting a parameter upon which compensation to the victims can be given. Loopholes of the concept of victims’ compensation are negligible but the prospects of victims compensation will be a milestone in our judiciary . Critiques may laugh at on the issue. But when the efficacy of this matter will come to light , then all criticism will chase to the hole.
Losing ,by brutal act of any criminal and/or negligence of the state and /or others , a beloved family member who would maintain and feed the whole family will have no way except helpless frustration and appeal to others for financial help. So, thousands of people are counting the days of ending their untold sufferings being the victim of any kind of brutal consequences of criminals and/or others.
Question may arise how this law can be implemented ?Undoubtedly, there will have a clear guideline so as to the application of the law. In Bangladesh, a few of precedent of awarding victims compensation has come up as being example that this can happen in Bangladesh, though these relief were sought for in writ jurisdiction which is not affordable and convenient to mass people of the country.
However, considering the overall and core interest of the victims and their family enacting a law in this concerned is the demand of the age. Law enactment , amendment ,repeal and modification are the on going process which has to keep consistency with the demand of the age and need of the people of concerned territory.
Though this write-up could not bring the statistical data of victims in Bangladesh in different sectors and dimension, it has an ample focus on the overall drawbacks and loopholes of the ongoing system of justice delivery by not caring for the justified compensation to victims and/or their family (where applicable).
I am not bringing to book the ongoing justice delivery system at all. But to have a flying color in my attempt of wrapping this write-up, i would like to convene to all the concerned to think on this issue and having minute concentration on the factors for which this may come up to be enacted as law may get well-place in the thoughts of concerned on the table of vetting and finally in the legislative assembly not to ensure the smiling but to stop the silent crying of the millions of victims of this land.
The writer is an advocate of the Supreme Court of Bangladesh
