The presentation at hand concerns victim assistance process with special emphasis on victimology in context of vulnerability of those abused. It advocates a restorative justice approach on one hand and rehabilitation on the other.

1. VICTIMIZATION OF
CHILDREN
AND
REHABILITATION MEASURESA presentation by
Maj Gen Nilendra Kumar
An effort for
Bachpan Bachao Andolan
and
Lex Consilium Foundation

3. A presentation in relation to
children.
“Many abused children cling to the
hope that growing up will bring escape
and freedom.”
-Judith Lewis Herman
Psychiatrist, Teacher & Author.

4. CHILD
Means a person who has not completed
eighteen years of age– The Juvenile Justice
(Care and Protection of Children) Act, 2015.
Section 2(12).

5. A child below the age of eighteen years. –The Juvenile
Justice Act, Section 2(35).

6. Constitution of India in Chapter III concerning
fundamental rights contains a number of provision
that show its concern for the children.

7. Is the intentional application of sexual, physical, emotional,
or psychological injury to a child to include neglect at the
hands of her or his parental or care provider within the
confines of then family or place of care.

8. In the context of crime,
means:
A person harmed, injured, or killed as a result of
crime, accident, or other event or action.
It also refers to a person who is tricked or duped.
He is an identifiable person who has been harmed
individually and directly by the perpetrator.

9. In all cases of child abuse or child neglect or when
the targeted in a crime, it is a child who is the
ultimate victim. He is the sufferer. He undergoes
physical, mental and emotional damage. At times,
his image, social status and reputation is also
harmed.

10. A person who has been physically, financially
or emotionally injured and/or had his/her
property taken or damaged by someone
committing a crime.

11. Article 15 – Prohibition of discrimination on grounds only
of religion, race, caste, creed, sex, place of birth or any of
them.
Nothing in this Article shall prevent the State from
making any special provision for women and children.

12. Chapter IV relating to Directive Principles of State Policy
also address the special needs of children that warrant
due address.

13.  ARTICLE 39
 The State shall in particular, direct its policy towards securing-
(a) Xxx
(b) Xxx
(c) Xxx
(d) xxx
(e) that xxx the tender age of children is not abused
(f) that children are given opportunities and facilities to develop in a healthy
manner and in conditions of freedom and dignity and that childhood and youth
are protected against exploitation and against moral and material abandonment.

14. Art. 51A- It shall be the duty of every citizen of India-
(k) who is a parent or guardian to provide opportunities
for education to his children, or as the case may be, ward
between the age of six and fourteen years.

15. MEANING OF TERMS USED
VICTIMIZE-
to make a victim of.
VICTIMIZATION-
the action of singling someone out for cruel or unjust treatment. This also
refers to an event where people, communities and institutions are damaged
or injured in a significant way.
PERPETRATOR OR OFFENDER-
the individual who has committed the crime against the victim.

16. Is the study of the victims of crime and the psychological
effects of their experience.
It is also a mental attitude which tends to indulge and
perpetuate the feeling of being a victim.
It is the study of the ways in which the behavior of a crime
victims may have led to or contributed to their
victimization.

17. It is the resumption of the same or better level of
functionality as was enjoyed by the victim prior to
victimization.

18. It is the origin or cause of a victimization; the
constellation of variables which caused a
victimization to occur.

19. A victimization where the victim causes, in part or totally,
ones own victimization.

20. A physical, psychological, social, material or financial
condition whereby a person or an object has a weakness
which could render one a victim of another person or where
others could recognize these weaknesses and take
advantage of them.

21. The violation of a national or international standard in the
use of organized powerful forces such that people are
injured physically, mentally, emotionally, economically, or
violation of their rights, as a direct and international result
of the misapplication of these forces.

22.  REMOVED
 Means to take (something)away or off from the position
occupied, i.e., to detach, separate, disconnect, pull out or
withdraw.
 RESCUED
 Means to save someone from a dangerous or difficult
situation, i.e., to free, liberate, extricate or recover.
 REHABLITATED
 Means to restore someone to normal, i.e., life, restore,
reintegrate or reinstall.

23. Refers to having experienced multiple
victimizations such as sexual abuse, physical abuse,
domestic violence and bullying etc.

24. 1. Vulnerability due to age and limited physical capacity.
2. Limited mental or intellectual capacity.
3. Shame.
4. Poverty.
5. Position of dependence.
6. Abuse of trust.

25. 1. High risk of re-victimization.
2. Poly-victimization.
3. Having more older siblings may be both a risk factor or a protective factor.
4. Out of school or drop out kids face greater risk.

26. 1. The offender has already abused the victim and taken advantage.
2. Often the offender is superior in physical, monetary or societal , strength,
domination.
3. The offender has betrayed the trust or misused his authority.
4. The victim feels cheated, wronged, violated.
5. The legal regime proceeds on a position that the accused is innocent.
Consequently, burden falls on the victim to establish having been wronged.

27. PURPOSE OF VICTIMOLOGY
To understand the basic philosophy, principle and scop
of victimology.

28. OBJECT OF VICTIMOLOGY
Consider what mental trauma, emotions and stress a victim goes through ?
The feelings of anger, shame, helplessness, defeatism, isolation, anguish,
betrayal are felt by him/her. He/she goes through fear, anxiety, nervousness,
self blame.
In such an emotionally disturbed state, what help, counselling and support
he/she gets from the family, society or the state?
Law enforcement agencies use the study of victimology to determine
why the victim was targeted by the offender.

29. 1. Criminology – The scientific study of crime and criminals. To
illustrate, study of pick pocketing and pick pockets.
2. Penology – The study of punishment of crime and prison
management. For example, research of those convicted for sale of
drugs and their behavior as inmates of prison.
3. Psychology – The scientific study of human mind and its functions,
especially those affecting behavior in a given context.
4. Psychiatry – The study and treatment of mental illness, emotional
disturbance and abnormal behavior.

30. 5. Social behavioral science – Social behavior is the study of behavior of
persons within the society or between members of the same species. It is
the study of behaviorally disturbances in general.
6. Neuro sciences – Regarding adolescent brain, it is the scientific study of
the nervous system. It deals with the anatomy, biochemistry, molecular
biology and physiology of neurons and neural circuits.

31. Study the relationships between the offenders, the victims,
and the group dynamics in society.
Examples may include, Mothers against drunk drivers
(MADD), Parents of students ragged (PSR) etc.

32. 1. Child trafficking.
2. Child labour.
3. Victims of sexual crimes.
4. Child marriages.
5. Cruelty to child.
6. Employment of child for begging.
7. Substance abuse.
8. Exploitation of a child employee.
9. Adoption without following prescribed procedure.
10. Sale and procurement of children.
11. Corporal punishment.
12. Use of child by militant groups or other adults.
13. Kidnapping and abduction.
14. Offences committed on disabled children.
15. Abetment.

33. Child in conflict with law.
Children in need of care and protection.

34. Identify high risk children and make them priority
targets for prevention efforts.

35. PREVIOUS APPROACH
The psychiatrists diagnosed child molestation as a
form of mental illness, terming the illness, “sexual
psychopathy”. They suggested a treatment for the
patient : the patient should be hospitalized until ‘well’
or normal again.

36. The experience of the child who is called upon to
testify in a child abuse or sexual abuse case is
usually characterized by a difficult dilemma, the
child fears that his or her evidence would result in
even more severe abuse. Further, the act of “telling
on one’s parents” may be perceived by the child as
the ultimate disloyalty.

37. Raid and Rescue
Rescue
Counselling
Medical aid, food and clothing
Legal assistance
Restoration
Rehabilitation
During Trial
Legal advice
Compensation and relief

38. Protection
Child friendly approach
Post trial
Education
Counselling
Skill development

39. 1. Health needs.
2. Emotional and psychological needs.
3. Education and training needs.
4. Leisure, creativity and play.
5. Attachments and relationships.
6. Protection from all kinds of abuse, neglect and maltreatment.
7. Social mainstreaming.
8. Follow up post release and restoration.
- The Juvenile Justice Model Rules 2007, Rule 2
(h).

40. It could be said that far more concern has been
shown for the rights of the criminals than the
rights of the victims of crime.

41. 1. Right to receive information about the status of the
case.
2. Right to apply for financial compensation to pay for
psychological assistance.

42. 1. Attendance of parent or guardian of child (Section
90).
2. Travel reimbursement for self and one escort
(Section 91(2)).
3. Presumption and determination of age.
4. AILAC Advocates.

43. S. No Description of injury/loss Minimum Amount of
Compensation
1. Acid attack Rs. 3 lacs
2. Rape Rs. 3 lacs
3. Physical abuse of minor Rs. 2 lacs
4. Rehabilitation of victim of human trafficking Rs. 1 lac
5. Sexual assault (Excluding rape) Rs. 50,000
6. Death Rs. 2 lacs
7. Permanent disability (80% or more) Rs. 2 lacs
8. Partial disability (40% to 80%) Rs. 1 lac
9. Burns affecting greater than 25% of the body (except acid
attacks)
Rs. 2 lacs
10. Loss of fetus Rs. 50,000
11. Loss of fertility Rs. 1.5 lacs
12. Women victims of cross border firing: (a)Rs. 2 lacs

44. Note – If the victims is less than 14
years of age, the compensation shall
be increased by 50% over the amount
specified in the previous slide.

45. “The board will take into account pain, suffering and shock
as well as loss of earnings due to pregnancy and the
expenses of child birth if this occurred as a result of rape.”
- Delhi Domestic Working Women’s Forum V UOI , (1995)
1 SCC 14.

46. Is the notion whereby victims are compensated in
relation to the injuries inflicted upon them. It is a
form of justice that affords monetary value to the
extent of a person’s injuries.

47. Is the re-integration into society of a convicted
person. It is the main objective of modern penal
policy, to counter habitual offending , also known as
criminal recidivism.

48. It is to return what has been unjustly taken, to place the
owner of a thing in the state in which he formerly was. It is
the act of bringing back something that existed before.

49. The process of transitioning from a state in which
an individual was not a functioning member of
society into a state where the individual controls
and directs his own life.

50. RESTORATIVE JUSTICE
It is an approach to criminal justice which focuses on the
rehabilitation of offenders through reconciliation with
victims and the community at large.

51. It is an approach to justice that personalize the crime by
having the victims and offenders mediate a restitution
agreement to the satisfaction of each, as well as involving
the community.
This approach considers crime and wrong doing to be an
offence against an individual or community rather than
the State.

52. Recent scientific research has shown that the
adolescent brain processes information differently from
that of an adult. Studies on the causes of attention
deficit hyperactivity disorder (ADHD) and autism of
relevance to juvenile justice have indicated that certain
characteristics of adolescents like their impulsivity,
disregard of consequences, vulnerability to peer
pressure, irresponsibility and tendency to take risks are
due to their neurological immaturity
rather than symptoms of deviance.

53. It involves least restrictive sanction on the
juvenile that enhances juvenile’s
accountability for the offence, provides the
victim relief, and protects the community.

54. It advocates that victims are better served by an attempt to
reconcile, where appropriate, the victim and the offender.
The ultimate purpose is that victims should have a role in the
re-entry of offenders.
The offender accepts responsibility for the offence, expresses
remorse for the crime , and often makes some practical form of
compensation to the crime victim.

55. Search for solutions that promote repair,
reconciliation and rebuilding of relationship.
It offers response by use of restorative solutions to
repair the harm related to conflict, crime and
victimization.

56. To inject restorative justice into the adversarial
justice system.
LOGIC
1. Victim gains nothing from the punishment
awarded to the offender .
2. The court is unaware of the economic , mental or
sentimental consequences of the injury caused /
crime committed.

57. It is a formal process for face to face meeting in the
presence of a trained mediator between the victim of a
crime and his/her offender who committed that crime. That
is also called victim-offender dialogue, victim/offender
conferencing, victim- offender reconciliation or restorative
justice. The two sides may be joined by their
families and community members etc.

58. UK and Wales- Victim Personal Statement.
US and Canada- Victim Impact Statement.
These describe the impact of the crime on his or her life,
including physical, social, psychological and financial
harms.

59. Means any behavior, conduct, practice, process, attitude,
environment or treatment that is humane, considerate and
in the best interest of child.
– Juvenile Justice Model Rules 2007, Rule
2(d).

60. Means the basis, for any decision taken regarding
the child, is to ensure fulfillment of his basic rights
and needs, identity, social well being and physical,
emotional and intellectual development.

61. 1. There is a connection between victim participation and
their welfare.
2. The assumption that the victims are vengeful may not be
correct.
3. Victims can also be forgiving while also being expressive
about what they perceive as injustice.
4. Victims of serious offences want a voice to communicate
their sense of harm sustained.

62. Restitution has the benefit of punishment at less
cost than imprisonment, or extended probation,
providing some compensation for the loss suffered
by the victim and a possibility to encourage
rehabilitation and discourage recidivism. The court
may order the delinquent to perform services or pay
the victim, full or partial restitution, depending on
the juvenile’s age, physical and mental state and
reasonable earning capacity.

63. USA:
Many states follow ‘restorative justice’ concept. The range
of possible restorative sanctions includes restitutions,
community service and victim-offender mediation.

64.  The above statute gives power to the courts to make an ancillary order for
compensation in addition to the main penalty in cases where injury , loss of
damage had resulted. In cases where fines and compensation were given
together , the payment of compensation should take priority over fine.
 These developments signified a major shift in penological thinking, reflecting
the growing importance attached to restitution and separation over the more
narrowly retributive aims of conventional punishment.
 If the court fails to make a compensation order it must furnish reasons.
Where reasons are given, the victim may apply for these to be subjected to
judicial review.
 The Oxford Handbook Of Criminology (1994 edn.), Page 1237-38.

65. QUOTES
“Childhood trauma does not come in one single
package.”
-Asa Don Brown
Author, Speaker & Clinician.

66. “It is easier to build strong children than to repair
broken men.”
-Frederick Douglas
African American social
reformer