Marred but not broken: A Critical Review of the Socio-economic and Cultural Rights of Victims of Sexual Offences from Victimological Perspective

Abstract

The Indian Criminal Justice system is based on an adversarial British model of justice dispensation which emphasizes on the punishment of the offender. The state takes charge of the case on behalf of the victim and the role of the victim in our criminal justice system is diminished to that of a mere witness in the trial. Victims of sexual offences face insurmountable impediments during investigation and prosecution of crimes. While legal systems increasingly acknowledge the egregious nature of sexual violence, the practical realization of victims' rights to recovery, reintegration, and cultural respect remains inconsistently applied. From lodging of the FIR to the final disposal to the case, nothing comes in the way of the victim. The police, prosecution and other informal agencies fail to provide the necessary succour to the victims. Their social rights including fair treatment, rehabilitation and assistance throughout the legal process and the right to protection of their privacy and safety are forsaken which compounds their suffering and mental trauma thus degrading their quality of life and leaving them in a pitiable state of vulnerability. In this chapter, the researcher focuses on fortification of the socio-economic and cultural rights of the victims so that they receive the highest sanctity of the law and there is an overarching obligation on the state to uphold and honour the same. It aims to highlight pathways for policy and practice reforms that can genuinely restore dignity and agency to survivors, thereby fostering environments where their rights are not merely recognized but fully realized.