Can victim of violent crime demand monetary compensation and penalty be imposed on State?
(Querist) 24 April 2011
This query is : Resolved
Dear Experts can victim of violent crime like murder kidnaping, rape etc. demand monetary compensation from State and penalty be imposed on State?
As per my understanding it is not possible because Right to Life under Article 21 is a negative obligation of State. Also citizens have Right to Self Defense under Article 21 which they can excersise to safeguard their Right to Life.
Moreover our Part III of Constitution has been lifted from US Bill of Rights. US Supreme Cout in DeShaney vs Winnebago County, 1989 has said "the Constitution does not impose a duty on state and local governments to protect the citizens from criminal harm"
Is my understanding correct or incorrect from the point of view of law?
(Querist) 24 April 2011
Thank you gentlemen. So it means our Constitution does not impose a duty on state to protect its citizens from criminal harm. Citizens should become resposible to defend their own lives and lives of their near and dear ones.
(Expert) 25 April 2011
no it does not mean constitution does not impose a duty on sate to protect its citizens from criminal harm and citizen should become responsible to defend their own lives and lives of their near and dear ones.it is the duty of the state to protect its citizen from crimes and for that several department are arranged we have to take the help and support of the same department, second regarding the compensation government made different scheme time to time for such relief you can get from their, yes it is true that citizen have right to private defence
(Querist) 28 April 2011
Surender Sir your opinion seems contradictory to the opinion of all other experts. You opinion implies that Right to Life under Article 21 is a positive obligation on State whereas in fact it is just the opposite.
Moreover as per my understanding the State's law enforcement agencies are there to enforce the law and not about "protecting" every individual citizens like bodyguards.
My main question is: In court of law can victim of violent crime like murder, kidnaping, rape etc. demand monetary compensation from State and penalty/punishment be imposed on State for failing to protect from violent crime? If yes then under which law?