The extra-judicial killing of Akshay Shinde in police custody, accused in the Badlapur POCSO case, has once again compelled experts to raise their concern about the victim`s right to justice. Criminologists, psychiatrists and child protection professionals feel that the victim’s right to justice has been snatched away by the swift extra-judicial killing of the accused.
Victim’s right to justice
“Shinde’s death in police custody has reignited debate on extra-judicial killings. What often gets overlooked is the profound impact such incidents have on the victim’s right to justice. When an accused is killed before a trial, the victim is denied the legal process meant to deliver justice. It’s not merely about convicting the offender; it’s about the victim’s right to see the judicial system uphold accountability,” said advocate Mohini Priya, advocate on record, Supreme Court. “Extra-judicial killings lead to the loss of closure for the victim and society with justice being seen as not served,” said advocate Mohini.
Mohini Priya, advocate on record, Supreme Court
Plight of victim’s kin buried
Dr Harish Shetty, psychiatrist, said, “Amidst the turmoil at Badlapur where politicians are trying to score brownie points and the media is obsessed with the extra-judicial killing of the alleged criminal, one fact that gets buried in the mayhem is the plight of the victim and her family.”
Punitive punishment is deterrent
Nishit Kumar, founder and managing director at Centre for Social and Behaviour Change Communication, and a child protection proessional said, “The extra-judicial killing in the form of an encounter robs the survivors and their families of the satisfaction of seeing the offender be pronounced guilty in a public court, an important psychological step to a feeling of closure. It is not clear whether the survivor will get financial aid now that there won’t be a case in court.”
Dissenting view
Advocate Dinesh Tiwari, who practices criminal law for over two decades said, “We must understand that the judicial system today is not only time consuming, but also very expensive, and getting justice is expecting too much. Moreover, the irony is that since the offence is committed against the state, the victim has no role or say in the case presented by prosecution before the court during trial and therefore an extra judicial killing, to some extent will give solace to the victim’s parent and the society, even though it is at the cost of delivery of justice by adhering to the procedure established by law.”
