Securing Victims’ Rights in India: Issues and Challenges

Abstract

Victims of crime in India face several challenges while seeking justice and compensation. Although there are several legal frameworks as well as various victim compensation schemes, a significant number of victims are not either not provided with or are deprived of sufficient support or protection. The present study explores the legal structure pertaining to the rights of victims in India and highlights the obstacles encountered by them. The challenges encompass lack of awareness, education and, prejudice against victims, insufficient victim compensation schemes, and inadequate victim support services. This article examines the various initiatives and programmes implemented by both governmental and non-governmental entities aimed at safeguarding the rights of victims. It is founded on a qualitative examination of secondary data sources, which comprise case law, academic literature, government reports, and NGO publications. This study emphasises the examination of the legal framework governing the rights of victims in India, encompassing the provisions enshrined in the Constitution as well as those outlined in the Criminal Procedure Code. The study covers a comparative evaluation of legal structures implemented in other countries to safeguard the rights of victims. The article additionally underscores the endeavours and schemes implemented by both governmental and non-governmental entities to protect the rights of victims. This paper endeavours to propose various measures aimed at reinforcing the rights of victims in India. These measures include augmenting awareness, bolstering support services for victims, fortifying compensation schemes for victims, protecting the identity of victims, fostering the participation of victims, encouraging collaboration, and strengthening the legal framework. Through the implementation of these measures, cooperation between the government and civil society organisations can be made to provide essential support and protection to victims, enabling them to reconstruct their lives following the traumatic experience of victimisation.