CCV RGNUL discusses Karan v. State NCT of Delhi (12th September 2021)
Centre for Criminology, Criminal Justice and Victimology (CCV) RGNUL conducted discussion session on the landmark judgement Karan v. State NCT of Delhi. Justice J.R. Midha, former Judge High Court of Delhi, deliberated on the progressive impact of the judgement. In the lecture titled “Reflection on Emerging Victim Jurisprudence”, Justice Midha talked about the procedure laid down by the verdict to ensure dispensation of justice to victims.
Justice Midha read the relevant paragraphs (129,149,169) of the judgement to elucidate the manner in which Karan v. State NCT of Delhi has evolved the law.“Victims,” he said, “are unfortunately the forgotten people but courts and criminal justice system must consider harm/suffering and recompense them.” He highlighted the fact that computing compensation for pecuniary and non-pecuniary loss was essential to provide some solace to the victims. “Justice,” he remarked, “is incomplete without compensation. Though no monetary compensation can relieve anguish of the victims and their dependants, it enables the victim to start life afresh,” he added.
Alluding to the multiplier method, parameters of compensation and cases of the Supreme Court, Justice Midha examined the importance of Victim Impact Report. He said that Karan v. State NCT of Delhi laid down a procedure for development of law. The court mandated filing of Victim Impact Report to determine appropriate compensation paid by the convict for causing emotional trauma, physical injury, anxiety, panic or any other harm triggered by the offence. He said that law schools could contribute in a big way by developing student participation mechanism for the implementation of the guidelines provided by the case.
Prof. G.S. Bajpai, Vice-Chancellor, RGNUL, who acted Amicus Curiac in Karan v. State NCT of Delhi, also focussed on the right to restitution for victims of crime during the discussion. He reiterated the significance of summary inquiry by Delhi State Legal Services Authority (DLSA) to ascertain impact of crime. “The Delhi High Court’s use of Victim Impact Report to determine the quantum of compensation provides relief to victims,” he said. Prof. G.S. Bajpai apprised the audience about the status of implementation of directions of Delhi High Court in the states of Punjab and Tamil Nadu. He said CCV RGNUL would create awareness regarding the judgement and directions of the court through student forum.
Prof. Naresh Kumar Vats, Registrar, RGNUL, Punjab observed that the invigorating talk ignited the minds of students. He also extended a vote of thanks.