WHO ARE THE VICTIMS? 4
PROTECTION OF VICTIMS’ RIGHT UNDER INTERNATIONAL LAW 5
VICTIMS IN INDIAN CRIMINAL JUSTICE SYSTEM 6
VICTIMS OF SEXUAL ASSAULT 6
VICTIMS OF CUSTODIAL CRIME 7
AFFIRMATIVE ACTION BY THE HIGHER JUDICIARY 7
1. RESTITUTION TO VICTIMS 7
2. JUSTICE FOR RAPE VICTIMS-GUIDELINES FOR VICTIM ASSISTANCE 7
3. STATE COMPENSATION FOR VICTIMS OF ABUSE OF POWER 8
4. COMPENSATION 8
ROLE OF VICTIMS AND OTHER LEGAL SYSTEMS 8
A CALL FOR VICTIMS’ RIGHTS 9
This article throws light on the failure of the Indian criminal justice system with respect to the rights of crime victims. This article talks about the justice system that emphasize rights and rehabilitation for the offenders but which pays least attention to rights, restoration, and compensation for crime victims. Questions posed in this article that await answers are 1) Does the prevailing legal framework in India conforms to the norms and standards set by the U.N. Declaration of 1985? 2) How effective is the implementation of 152nd and 154th report of Law commission of India on victim’s compensation.
This article concludes with suggestions that are intended to make certain changes in the present criminal justice system with respect to the needs of crime victims.
Our knowledge about victim is in a state of continuing development. Under most of the legal systems of the world, a victim is merely a complainant who activated the machinery of the criminal justice system by bringing evidence and information about illegal acts to the attention of the authorities. A crime victim is only a witness for the prosecution. Since crime is conceptualized as an event that threatened and offended he entire community, and was prosecuted by the state on behalf of the people, the actual victim was treated like just another piece of evidence,... [continues]
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