Compensatory jurisprudence

From 'where there is a remedy, there is a right' to 'where there is a right, there is remedy', the courts have expanded the scope of justice to a very wide sphere. Earlier the courts were concerned with just providing remedy for the breach of duty as arising in the civil cases or providing punishment for criminal acts. The damages provided, whether liquidated or unliquidated, were rarely compensatory in nature, specially if the breach was committed by the State, which had the defense of performing the 'sovereign function'. The law courts have now extended their powers in cases of gross violations of human rights to provide compensation to the victims. Starting from the case of Rudul Shah, the Supreme Court of India has started providing compensatory remedies to the victims of violation of Article 21. The Supreme Court has used its powers under Article 32 to provide adequate protection to the life and personal liberty guaranteed under Article 21, even though there is no express provision for the same. Whenever the rights guaranteed by Article 21 are violated by the State action, it is essential that the same is rectified and compensated so as to make a sense of the guarantee that has been given under its provisions. The courts have extended the tortious liability of the State to include all violations of life and personal liberty that are not in accordance with the procedure established by law. Custodial violence, custodial death, illegal detention, environmental pollution, etc. are few of the instances for which compensation may be provided, the quantum of compensation depending on case to case. However, the courts need to exercise certain caution as well to see that it does not overstep its limitations in the name of judicial activism.

Child molestation

Every child has a right to lead a happy, healthy and productive life. Molestation, whether physical, mental, sexual or economic, robs from a child, his childhood. Child sexual molestation or pedophilia is emerging as one of the biggest problems in recent times. With its impact upon the physical and mental health of the child, sexual molestation has the potential to destroy the coming generations. The cause is unknown as often the child molested is as young as 3 or 4 years of age and is invariably left in a battered state, except that the offender has a perverted mind and needs some sort of psychological treatment. Many children fail to survive the attack, their bodies being too small to bear the harm done to it. Those who survive, are scarred for life. Most of the times, the perpetrators are either family members or friends of family or neighbors, putting a question on what region qualifies as a safe zone for the child. The desire to harm a child in itself is very barbaric in nature. Is it the helplessness of the victim or the desperation of the offender or his desire to express his strength over the weakness of his victim, the root cause, needs to be studied. Another aspect of the problem is that many a times, the child is incapable of informing who has molested him either because of immaturity of age and understanding or else is too scared to name the person involved. If the offender is close to the family, he can even 'bribe' the child to keep mum. And all these facts taken together make it difficult for the law enforcing agencies in taking necessary action against the offender. But one thing is sure, parents need to be extra vigilant and not trust anyone with their child's custody. Also children must be taught as early as possible that nobody is allowed to touch them and if somebody approaches them, they should inform it to their parents or guardians immediately. Parents, guardians and teachers should also listen carefully all the complaints made by the child. Furthermore, stricter laws, both at national and international levels and their implementation needs to be in place to curb this heinous crime.