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Criminal Justice System of India and Human Rights of Victims

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Criminal Justice System of India and Human Rights of Victims
CRIMINAL JUSTICE SYSTEM IN INDIA AND
THE HUMAN RIGHTS OF VICTIMS
TWO DAY NATIONAL SEMINAR
ON
HUMAN RIGHTS AND DEVELOPMENT
On 28th & 29th September 2007 at Govt. College of Arts, Science & Commerce Quepem, Goa.
Paper Presentation by : Prof. (Mrs.) Sarita Patil, Lecturer, Dept. of Law, Gogte College of Commerce, Tilakwadi, Belgaum. Email: sarita.patil@indiatime.com
Theme ;
JUSTICE TO FORGOTTEN VICTIMS
Topic : CRIMINAL JUSTICE SYSTEM AND HUMAN RIGHTS OF VICTIMS.
Abstract :
• Human Rights and Criminal Justice Systems
• The Components of Criminal Justice Systems
• (Victims, Accused, society and the Judiciary)
• The National Human Rights Commission has issued guidelines regarding Arrest.
• Victims means people who individually or collectively have suffered harm including physical, mental injury, emotional suffering, economic loss, substantial impairment of their fundamental rights through violation of criminal loss.
• In the Criminal Justice Systems visible and invisible victims have been kept away from the system.
• The System is such that at every stage accused is protected.
• There is presumption of innocence in favour of the accused.
• Every accused is presumed to be innocent unless he is proved otherwise.
• The burden of proof is with the prosecution.
• Accused should be treated fairly.
• BUT WHAT ABOUT THE VICTIM?
• Our criminal justice system is accused oriented.
• Why favor the accused?
• If prosecution cannot prove their case beyond reasonable doubt, the accused is given benefit of doubt
• BUT WHAT ABOUT THE TRUTH ?
• The victim is forgotten in the criminal justice systems.
• VICTIMS ARE THE VULNERABLE GROUPS OF THE SOCIETY AND NATIONAL HUMAN RIGHTS COMMISSION MUST TAKE STEPS TO ISSUE CERTAIN GUIDELINES FOR PROTECTION OF THE VICTIM IN THE INDIAN CRIMINAL JUSTICE SYSTEM.
• Human Rights for the victims have been recommended for adoption by the seventh UN Congress held at Milan from 26th August to 6th September

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