1. What is Compensatory Jurisprudence?

• Definition:
  • Compensatory jurisprudence focuses on providing monetary compensation or restitution to victims of harm caused by wrongful acts.
• Purpose:
  • Restores the victim to their original position before the harm occurred.
  • Ensures justice by addressing the victim’s loss rather than only punishing the wrongdoer.
  • Covers physical injuries, emotional distress, and financial damages.

2. Evolution of Compensatory Jurisprudence

• Historical Roots:
  • Traces back to ancient legal systems emphasizing restitution.
  • Societies recognized the need for fairness in addressing harm to individuals.
• Modern Developments:
  • Expanded to include monetary damages, restitution, and rehabilitative measures.
  • Human rights law and victims’ rights have strengthened the focus on compensation.

3. Legal Framework for Compensatory Jurisprudence

• Tort Law:
  • Focuses on civil wrongs and provides remedies in the form of damages (e.g., negligence, defamation).
• Criminal Law:
  • Courts may order offenders to pay compensation to victims as part of the sentence.
• Specialized Compensation Schemes:
  • Governments provide compensation for specific crimes like sexual assault and terrorism.
• In India:
  • Provisions in the CrPC:
    • Section 357: Courts can award compensation from the fine imposed on the offender.
    • Section 358: Compensation for groundless arrests.
    • Section 359: Refund of expenses incurred by complainants in non-cognizable cases.
    • Section 250: Compensation to accused if prosecution lacks reasonable grounds.
    • Section 237: Compensation in defamation cases.
  • Probation of Offenders Act, 1958: Provides reasonable compensation to victims along with offender rehabilitation.
• Challenges:
  • Lack of awareness among victims.
  • Inadequate and delayed compensation.
  • Limited scope of existing provisions.

4. Judicial Approach to Compensatory Jurisprudence

• Key Judgments:
  • Rudal Shah v. State of Bihar: Recognized compensation for violations of fundamental rights under Article 21.
  • Hari Kishan v. Sukhbir Singh: Emphasized liberal use of Section 357 of the CrPC for victim compensation.
  • Delhi Domestic Working Women’s Forum v. Union of India: Highlighted the need for a Criminal Injuries Compensation Board for rape victims.
  • Ankush Shivaji Gaikwad v. State of Maharashtra: Courts must consider compensation in every criminal case.
• Themes:
  • Shift from retributive justice to restorative justice.
  • Recognition of compensation as a right of victims.

5. The Way Forward

• Increase Awareness:
  • Educate victims about their rights and available legal remedies.
  • Provide legal aid to help victims navigate the process.
• Simplify Procedures:
  • Streamline the process for claiming compensation to reduce delays.
• Establish Guidelines:
  • Clear and consistent criteria for awarding compensation.
• Strengthen Enforcement:
  • Ensure timely payment of awarded compensation.
• Expand Schemes:
  • Broaden the scope of compensation schemes to include more categories of victims.

6. Conclusion

• Significance: Restores victims’ dignity and well-being, balancing retribution and restitution.
• Challenges and Opportunities: Addressing gaps in implementation and awareness is essential for effective justice.
• Vision:
  • A compassionate legal system prioritizing victims’ rights with fair compensation and restoration.