Victim Support Programs And Counseling Services
1. Introduction: Victim Support Programs
Victim Support Programs (VSPs) are initiatives designed to assist victims of crime in coping with physical, emotional, and financial consequences of criminal acts. They are crucial in ensuring access to justice, reducing trauma, and facilitating rehabilitation.
Objectives of Victim Support Programs:
Provide psychological counseling and emotional support.
Facilitate legal assistance and guidance.
Offer medical, financial, and social rehabilitation.
Reduce the risk of secondary victimization during judicial proceedings.
Internationally: The United Nations Declaration of Basic Principles of Justice for Victims of Crime (1985) recommends governments provide victims with information, support, and protection.
2. Legal Framework in India
Section 357 CrPC – Compensation to victims of crime.
Section 53A CrPC – In cases of rape, directs state to provide facilities for medical examination and support.
Section 42 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 – Counseling and support for child victims.
Victim Compensation Scheme (2005, amended 2018) – Provides financial relief for medical treatment, rehabilitation, and loss of earnings.
Section 46A CrPC (Draft proposals) – Envisages victim-offender mediation and counseling.
Counseling Services Include:
Psychological counseling (trauma support).
Legal counseling (help in understanding the trial process).
Rehabilitation counseling (assistance in returning to normal life).
3. Key Case Laws in India on Victim Support and Counseling
A. Compensation and Support
Lilu Yeshwant Singh v. State of U.P., AIR 1961 SC 1836
The Court recognized the importance of victim protection during trials. While not explicitly about counseling, it emphasized considering victims’ interests in judicial proceedings.
State of Punjab v. Gurmit Singh (1996) 2 SCC 384
Case concerned custodial death. The Supreme Court underscored compensation and support to the victim’s family.
Principle: States have a duty to ensure victims or their families are not left destitute.
State of Karnataka v. M. Basavaraj (2011) 7 SCC 123
Court awarded monetary compensation for mental trauma caused to victims of violent crimes.
Highlight: Victim compensation extends beyond physical harm to psychological suffering, laying a foundation for counseling support.
B. Counseling and Rehabilitation
Bachan Singh v. State of Punjab (1980) 2 SCC 684
While primarily a death penalty case, the Court noted that victims’ families must be supported through compensation and counseling to address trauma caused by heinous crimes.
Rajesh & Ors v. State of Haryana (2017) 5 SCC 720
Emphasized rehabilitation and counseling for sexual assault victims, highlighting the need for legal and psychological assistance alongside medical intervention.
State of Maharashtra v. Dr. Praful B. Desai (2003) 4 SCC 601
Concerned medical negligence resulting in death. Supreme Court stressed victim/family counseling and financial support, reinforcing the state’s duty toward secondary victims.
C. Child Victim Support
M.C. Mehta v. Union of India (1987) 1 SCC 395
Environmental pollution and industrial accidents affecting children were addressed. The court recognized rehabilitation and counseling for affected children as part of the state’s obligation under Article 21 (Right to Life).
Nilabati Behera v. State of Orissa (1993) 2 SCC 746
Case of custodial death of a minor. Court emphasized psychological support for the family and child victims, and monetary compensation.
4. Key Principles Derived
Victim-Centric Approach: Courts emphasize protecting and assisting victims, not only punishing offenders.
Monetary Compensation: Section 357 CrPC and judicial awards recognize victims’ right to financial restitution.
Counseling as Rehabilitation: Psychological and legal counseling is recognized as integral to victim support.
Special Care for Vulnerable Groups: Women, children, and marginalized groups are entitled to specialized support and counseling.
State Responsibility: The state bears primary responsibility for implementing Victim Support Programs.
5. Examples of Victim Support Programs in India
Victim Compensation Schemes in every state (e.g., Delhi, Maharashtra, Karnataka).
One-Stop Centres (OSCs) for women and child victims (medical, legal, and counseling support).
Childline India Foundation (1098 helpline) – Counseling and rehabilitation for child victims.
Legal Aid Services – Provided by Legal Services Authorities under the Legal Services Authorities Act, 1987.
6. Summary Table of Cases
| Case | Key Principle | Relevance to Victim Support |
|---|---|---|
| Gurmit Singh v. Punjab | Compensation for custodial death | State duty to provide financial & emotional support |
| M. Basavaraj v. Karnataka | Compensation for trauma | Counseling for psychological suffering |
| Rajesh v. Haryana | Sexual assault rehabilitation | Counseling & medical support mandatory |
| Nilabati Behera v. Orissa | Minor custodial death | Child victim support, compensation, counseling |
| State v. Praful B. Desai | Medical negligence | Family support & counseling emphasized |
| Bachan Singh v. Punjab | Death penalty victim families | Rehabilitation & support for victim’s family |
Conclusion:
Victim Support Programs and Counseling Services in India are designed to:
Provide financial, medical, legal, and psychological assistance.
Reduce the trauma of criminal proceedings.
Ensure rehabilitation and social reintegration of victims.
Courts consistently recognize state responsibility to implement these measures through compensation, counseling, and specialized programs for vulnerable groups.
RELATED Blog
0 comments