The Official Journal of NALSA Volume XVII • Issue 2 • April 2016 Editorial Committee Hon'ble Mr. Justice Dipak Misra Chairman Judge, Supreme Court of India Hon'ble Mr. Justice Pradeep Nandrajog Member Judge, Delhi High Court Hon'ble Ms. Justice Gita Mittal Member Judge, Delhi High Court Mrs. Sadhana Ramachandran Member Advocate, Supreme Court of India Mr. Alok Agarwal Member Member Secretary, NALSA NYAYA DEEP The Official Journal of NALSA Vol. XVII ● Issue II - April - 2016 National Legal Services Authority 12/11, Jamnagar House, Shahjahan Road, New Delhi-110011 Phones : 011-23386176, 23382778 Fax : 23382121 Website: www.nalsa.gov.in Disclaimer: The views expressed in the articles published in this Journal are those of the respective authors and do not reflect the views of the Editorial Committee or of the National Legal Services Authority. Printed at : Sudhir Printers, New Delhi-5 Tel. : 011-23522683, 23683007, 9810334493 Editorial On an earlier occasion, I had stated that diversity feeds the appetite of the mind and rainbow of thoughts sharpens the intellect and arouses curiosity and as a representation of the said idea, the present issue of ‘Nyaya Deep’, deals with the thoughts of authors on diverse topics. Victimology is the concept of 20th century, a sub- discipline of criminology. The role of the victim of the crime in the justice dispensation process is required to be viewed as a balancing act. A victim should not feel frustrated or suffer from further agony by the State or law enforcement agencies. The satisfaction of a victim is that there is a fair trial, adequate punishment for the offence and further grant of adequate compensation. The purpose of enacting Section 357-A of the Code of Criminal Procedure is to promote the concept of victimology in the realm of criminology and effort is to achieve the same. With economic liberalization and the creation of expansive market space, there is tremendous growth of international trade, commerce, investment, transfer of technology, development and construction work, banking activities, etc. and the international commercial arbitration has ushered in as an indispensible catalyst for promoting world trade and that has brought the focus on implementation of foreign award in India. The idea is to give accent on various aspects of implementation of foreign awards and how the courts have dealt with it. In the field of conflict with law, legislative perspective of enacting Juvenile Justice (Care and Protection of Children) Act, 2015 has its own significance. The Act envisages and ensures that the child is not uprooted from its natural family and at the same time a different age group of children has been carved for being tried as adults when charged with heinous offences. The endeavour is to stress the procedural aspect in relation to children in conflict with law and spread the said awareness. Traditional knowledge is a valuable concept and developed over generations in various parts of the world and the need to preserve them through various mechanisms is the need of the hour. The indigenous knowledge of India is of immense value and the concern of the author is to protect it through various fora and the suggestive measures put forth reflect the universal significance. The main objective of prison reforms is to bring the offenders back to the mainstream of the society. A prisoner, be he a convict or an under-trial, one is a human being first and he continues to enjoy all his basic human rights including the right to life as guaranteed to him under the Constitution. Efforts should be made for the effective and meaningful enjoyment of the said rights by means of prison reforms, which is extremely essential. Cloning is an interesting concept developed with huge technological advancements in the field of science. Cloning of animals is becoming common and the next big thing is cloning of human-beings. Though India does not have specific law regarding cloning yet has guidelines prohibiting whole human cloning or reproductive cloning. It allows therapeutic cloning and the use of embryonic stem cells for research purposes. The deliberation on the said aspect is not only interesting but exciting. One feels like entering into a different kind of “Brave new world”. The illuminating and informative articles, I am sure, will definitely spread awareness in their respective fields. [Dipak Misra] Judge, Supreme Court of India I N D E X VOLUME-XVII - ISSUE - II - APRIL - 2016 ARTICLES : Page No. Victimology : A Movement For Reform in Criminal Justice system ... 03 — Dr. Harpreet Kaur Journey of Supreme Court of India in interpreting foreign Awards ... 20 — Adv. Sudhir Kotwal Children in Conflict with Law under Juvenile Justice (Care and Protection of Children) Act, 2015 ... 37 — Dr. Sailaja Petikam Mechanism of International Forums in Protecting Traditional Knowledge ... 47 — Dr. Shivanand H. Lengati Prison Reforms in India: Emerging Current Issues and Challenges ... 70 — Dr. Shivanand H. Lengati A Socio-Legal Study on Human Cloning: Boon or Bane ... 83 — Ms. Rekha Pahuja News from States ... 92 ( January - March, 2016 ) Statistical Information ... 209 1 / NYAYA DEEP 2 / NYAYA DEEP — Dr. Harpreet Kaur * Victimology: A Movement For Reform in Criminal Justice system The failure to invest in civil justice is directly related to the increase in criminal disorder. The more people feel there is injustice the more it becomes part of their psyche. Wilhelm Joseph 1 Introduction Victims of crime are considered an ignored party to the case in present system. In earlier times Justice was on the demand of victim. That was right approach of decision makers in justice delivery system. The concept of victimology was not in existence before 1940. It does not mean that justice delivered according to the wish of king or emperor. Rather mental satisfaction of victim was considered parameter to deliver justice to victims of crime. Victimology is the concept of 20th century; It is a branch of administration of justice. As we all know that there are two branches of administration of justice i.e. criminology which means study the crime and criminal under which circumstances and under which psychological pressure offender has committed such crime what was the forcing factors which leads to the criminal towards commission of crime. Another branch is victimology, which deals with the study of relationship of victim with crime and the psychology of victim at the time of commission of crime, when the victim was prey of circumstances. Penology is not branch rather it is sub field of Criminology. What is disappointing fact of present legal system is that our criminal justice delivery system is criminal oriented. Our legal system provides an exhaustive list of rights of offenders or prisoners. But few says about victim. This is the negative aspect of our legal system. If criminology is the study of relationship of criminal and victim, then why victims are ignored at the time of delivering justice. That is why people are not reposing confidence in legal justice system. Prolonged litigation and less * Assistant Professor, Khalsa College of Law, Amritsar (Punjab). 1 Justice Sayings and Quotes, <http://www.wiseoldsayings.com/justice-quotes/> accessed on 3rd September, 2016. 3 / NYAYA DEEP favoured attitude of courts towards victim and relatives of victim put question mark on justice delivery system. Justice means to maintain balance between the two opposite claims of the parties. In recent years the growing interest in criminal-victims relationship has begun to challenge the popularity of the alarm and indignation against the criminal law breakers that has been coupled with a long standing indifference to the victim of crime. Victimology as a term is a new idea, it is not so new as its name and its increasing extensive investigation. In fact, the subject has been considered for centuries, and hardly any classical authors in criminology omitted mentioning the importance of the victim‘s relationship to the crime he suffered and to the criminal who caused his suffering. The word ‘victimology’ was coined in 1947 by a French lawyer, Benjamin Mendelsohan, later a citizen of Israel, by deriving from a Latin word ‘victima’ and Greek word ‘Logo’. Victimology is basically a study of crime from the point of view of the victim, of the persons suffering injury or destruction by the action of another person or a group of persons. Victimology is the independent study of the relationships and interactions between offender and victim before, during and after the crime. Victim is one of the participants in a crime. Main branch of criminology is victimology that scientifically studies the relationship between an injured party and an offender by examining the causes and the nature of the consequent suffering. Specifically, victimology focuses on whether the perpetrators were complete strangers, mere acquaintances, friends, family members or even intimates and why a particular person or place was targeted. Criminal victimization may inflict economic costs, physical injuries, and psychological harm.2 Another aspect of victimology is perhaps overlooked is the innocent family members and otherwise friends etc. of the very offender who may perhaps fall prey to the criticism anger, spite liaison etc as they may be shunned, as having the relation with the offender, for no fault of their own. This is to help such victims and is a theme of victimology.3 2 Gurpreet Singh Randhawa, Victimology and Compensatory Jurisprudence, Central Law Publication, Allahabad,2011, p.31-34. 3 Suryakant Mahadeo Gujar, Lectures on Criminology and Penology, Lawmann Academic Series, Kamal Publishers, New Delhi, p.36. 4 / NYAYA DEEP Historical Perspective of Victimology Victimology is the scientific study of victims of crimes, a sub-discipline of criminology. It seeks to study the relationship between victims and offenders; the persons especially vulnerable to crimes and the victim’s placement in the criminal justice system.