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Law Student Moves SC Seeking Legislation For Compensation, Rehabilitation For Persons Acquitted After Years Of Incarceration On Account Of Wrongful Prosecution

first_imgTop StoriesLaw Student Moves SC Seeking Legislation For Compensation, Rehabilitation For Persons Acquitted After Years Of Incarceration On Account Of Wrongful Prosecution Mehal Jain10 Jun 2020 1:26 AMShare This – xThe Supreme Court has been moved in a PIL seeking enactment of a law for compensation and rehabilitation of the people who are acquitted, having been languished in jails for wrongful prosecution and incarceration for years and years. The petition by Yash Giri, a final year Law student through his Advocate -on- Record Mithilesh Kumar Singh, further prays for interpretation of Section…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Supreme Court has been moved in a PIL seeking enactment of a law for compensation and rehabilitation of the people who are acquitted, having been languished in jails for wrongful prosecution and incarceration for years and years. The petition by Yash Giri, a final year Law student through his Advocate -on- Record Mithilesh Kumar Singh, further prays for interpretation of Section 2(wa), which defines the term “Victim”, and Section 357-A of the Criminal Procedure Code,1973 which requires the State Government to, in coordination with the Central Government, prepare a scheme for providing funds for the purpose of compensation to the victim or his dependants who have suffered loss or injury as a result of the crime and who require rehabilitation. “In the case if the accused is acquitted after spending many years behind bars naturally makes him the victim of the system, thus the compensation and rehabilitation should be awarded to the acquitted person who has suffered as a result of the crime. This Hon’ble Court has always protected the rights of the people by upholding the Constitution of India. Article 14 & 21 of Constitution of India guarantees equality before law and protection of life and personal liberty. In the given situation when an accused is acquitted after spending many years behind bars he/she has already lost many precious years of their lives. This happens when the person is wrongfully prosecuted and the delay in the legal system leads to the accused languishing in jail, thus the same is violative of basic spirit of Article 21 of Constitution of India”, it is advanced. The petitioner urges that some amount of compensation or rehabilitation scheme would help the victim of the system to gain back his/her reputation and build a fruitful life again with dignity. “The Apex Court while dealing with such cases has awarded compensation to wrongfully prosecuted persons in numerous cases but in most of the cases no such compensation has been awarded”, it is pointed out. As there is no perpetual statute to decide the theory of compensation which should be applied in the case of a person who is wrongfully prosecuted or incarcerated, the Petitioner also seeks liberty to pray that an appropriate mandamus be issued directing the Respondents to implement the 277th report proposed by the Law Commission of India on 30.08.2018 which laid down legal remedies regarding wrongful prosecution. As India ratified the International Covenant on Civil and Political Rights 1966 (ICCPR), it is advanced that there is no sign of a statute which obligates the state in the case. The United Nations Human Rights Committee discussed Article 14 of the ICCPR in detail in its General Comment No. 32 (2007) and explained that “it is necessary that States parties enact legislation ensuring that compensation as required by this provision can in fact be paid and the payment is made within a reasonable time”. The plea avers that the National Crime Relations Bureau data shows that across the country, under trial prisoners continue to be higher in numbers than the convict’s population. The report also reflects that the conviction rate was at 48% and more than 50% was that of acquittal. “The sole purpose of this Petition is to compensate and rehabilitate those persons who are the victims of the legal system. The persons who are accused and later acquitted after spending many years in jail and who have lost their respect, faced agony and are often seen far behind in society”, it pressed.Next Storylast_img read more

Baskerville has “nothing to hide”

first_imgStefan Baskerville, the new President of the Oxford University Student Union, revealed that he will fully disclose the finances of the organisation and its commercial arm as “there is nothing to hide”. This contrasts with the policy of ex-President Lewis Iwu, who kept the affairs of Oxford Student Services Limited, OUSU’s trading subsidiary, under wraps. He said, “The position last year was that a fair amount of information was confidential and shouldn’t be released. I reviewed that at the start of the summer and I came to the conclusion that we are a membership organisation, we are a democratic organisation and it’s quite right that our members should be able to see quite a lot of detail about the commercial subsidiary.”He added that OUSU would be developing a new reporting structure, which will include regular updates on the activities of OSSL, delivered to both OUSU Council and the University. Baskerville also criticised OUSU’s current financial model. He pointed out that OUSU is “structurally underfunded” and agreed that finances were currently “unstable”. He said, “We rely on affiliation fees to pay for activities, when in fact I think that colleges and the University between them should be paying for those activities, because they serve the interest of both colleges and the University and I think actually the burden on common rooms is too high.”The President also explained his decision to take part in the Clarendon sit-in last January in the protest against Israel’s attack on Gaza. “The action that we took in January and that I took part in was a personal action on my part. I was asked numerous times by the student press to comment but I deliberately didn’t, because I was aware that OUSU didn’t have a position on it by that time and I didn’t want to give the impression that I was acting on behalf of OUSU or on behalf of other students. I did because I felt I saw an injustice and I thought we should draw attention to that injustice,” he revealed. He added, “At that time I wasn’t OUSU president, I now am, I now do represent the students, I am very aware that many students will disagree with my opinion of the war in Gaza and I am aware that many students will disagree with the action that I took as a student of the university in January. I wouldn’t do it today probably, because my role is very different now.”However, Baskerville did re-affirm his passion for representing the student body. He admitted that his decision to run in the elections last year was founded on “a self-confident, passionate desire to represent the student body”. While he emphasised the importance of building strong relationships with common room officers, he insisted that he was “not a hack” and that he did not make “false friends”. He did however admit that he possesses impressive “handshaking skills”. Baskerville also talked about pertinent issues within the student body such as the gender gap, disaffiliation within colleges and basic teacher training. When questioned about gender equality, Baskerville admitted that he “scanned” through OUSU’s report on women, yet denied that he is a feminist. He said, “No, I don’t think I know enough about feminism yet.”On the subject of disaffiliated colleges, Baskerville emphasised the impact that breaking away from OUSU had on both individuals and common rooms, pointing out that this damaged “student interests” in a “significant way” by leaving the organisation with less money to spend on resources such as the student advice service. He urged disaffiliated colleges to “lobby their colleges to come in to affiliation [because] what we offer is valuable”.Baskerville agreed that the unique structure of the college system contributed to the lack of enthusiasm for OUSU, but argued, “OUSU is relevant to students when it takes action on the issues that matter to students.” He granted that there had been flaws in OUSU’s communication strategy in previous years, but argued that this was by no means the only area where changes would be made, because “there’s always room for improvement.”Baskerville was keen to discuss his manifesto promises, which included a push for basic teacher training for tutors. This move is seen as controversial by some, since many academics have enjoyed careers spanning several decades without possessing any formal teaching qualifications. He explained that while at the moment almost all new tutors undergo training at the Oxford learning institute, he would be working to “try and increase the number of current tutors” involved with the centre.Baskerville hopes in his year as President to oversee the successful incorporation of OUSU as a new charity, which would establish “a formal relationship with the University” and lead to a “more stable funding model that allows it to develop the prospects for student representation, campaigning and services in Oxford.”He added, “If I achieve those, I’ll be a happy man.”last_img read more