-By Justice Roshan Dalvi ( Retd )
Victimology is a sub-discipline of criminology which is a scientific study of victims of crimes. Victimlogy, the author states is never given the attention it deserves. The article deals in detail with the many aspects of it. All the agencies will have to work together as a strong team at all levels to bring offenders to justice and protect the victims.
Infrastructure and care for victims
The article emphasises the effective system for an extensive support to victims. All the processes and systems involved need to work with sensitivity. ( Specialised police, as well as medical, and legal personnel are a need. ) The author refers to the system in the U.K., which deals with the victim with the utmost care, it gives protection and maintains secrecy, the victim and accused are kept apart, and even effective Technology is a part of the system.The victim doesn't have to undergo the trauma repeatedly.
Many countries don't have such satisfactory infrastructure, so it is essential to develop. Special and fast track courts, separate and good officers, sufficient support to victims, maintaining confidentiality and proper ambience are needed. Victims need emotional support, and an adequate number of workers or agencies are to be involved.
Proper legal support is essential, a country like the US has such a system which works on the principle of' the victim's right to speak, the nation's responsibility to listen '.
Police and NGOs need to work in cohesion. Great efforts are required for the rescue and even later. The government as well as support groups have to strive to work together to counsel the victim, and legal support and employment also be given importance. To protect victims' identity, care and shelter is to be provided, which can minimise the psychological damage.
Technology helps in sharing data base at national and international levels. ( The data of traffickers as well as missing persons, the factors like data of fingerprints, DNA report , also help in identifying the criminals)
Forced labour
In the case of forced labour, too a lot needs to be done in the field of laws and policy making. When all stakeholders work as a team, many things are achieved. ( Governments, unions, support groups ) Public awareness is also required to reject products with forced labour.
Especially when victims are children and the accused is an adult, intervention by a counsellor is essential, trauma is to be avoided, and the story can be unfolded with the help of a counsellor. Even in the case of trafficking interrogation of the victim by police officers may be avoided. Pressure or force doesn't work in many cases. Immediately medical, legal aid and shelter are to be provided. The system has to work for prevention, protection and prosecution firmly but gently.
Poverty is usually found to be one of the significant causes of trafficking, such individuals are singled out as targets. When society works in this direction, it helps in prevention.
Prevention
Constant vigilance on the suspected places and strict action is necessary, proactive intelligence from the ground is important. The author thinks that the traffickers ought not to be granted bail. Leading a free life is a fundamental right of every victim. To be able to keep the victims away from threats, it is essential. They need to be differentiated from the accused, identification and verification are the next steps.
Deft handling of cases
Mostly victims are brainwashed to state that they are not minors, and sufficient documentary evidence to confirm the evidence is to be collected. All such 'possible minors' deserve care and protection, they too need counsellors to intervene. The rehabilitation ( economic as well as emotional) becomes easier after it. They are to be mentally prepared for the trial too,the judge should make it sure.
Sensitive handling of the ' in camera ' or ' in chambers ' trials is the first step in this direction. When the counsellor, mother and lawyer are present in the chamber, it creates an assuring ambience. The procedure acquires a humane tone, the victim cannot know about the presence of the accused as the seating arrangement is skillfully done. When even the victim is not aware of the presence of the accused, it is a relief for the victim. The language used for cross-examination should be such that the victims can understand, and whenever needed the questions can be reframed by the judge to avoid the trauma or cause discomfort. The attire of the judge is the only factor that displays the special role. Some break or rest time may be given to the victim during the court procedure.
Deterrent approach
The author expects a strong and deterrent approach in punishment, it should include strong penalty and compensation also.
When victims belong to lower economic strata, they usually cannot make people around them aware of the offence or are unable to find institutional help. On the contrary, the accused has all the possible legal support. They usually have a system in place for their help. Thus security of victims becomes the top priority.
Strict actions against the group of people working and the place from the crime is to be carried out. Repeated offenders too have to be dealt with a stern hand. There are laws to cover the issue, the author feels recommendations should be sought to improve the scenario.
Even sex workers are to be treated as victims. Their identity is to be protected. The efforts are required for their rehabilitation also. A well-coordinated system of police, prosecutors, counsellors and NGOS is emphasised again and again.
International trafficking also need strong vigilance,they just cannot be pushed back into the country which results in more crimes and violence with victims. There has to be understanding and agreements reached by the countries using the network of all the responsible factors.
Rehabilitation too is a very significant aspect, mere release or repatriation is no sufficient measure, protection of victims and witnesses followed by the punishment of the offenders is also essential.