Access To Justice For Victims Of Crime In India: A Constitutional And Comparative Analysis
- IJLLR Journal
- Aug 4
- 2 min read
Ananyaa Shrikanth, B.A. LL.B. (Hons.), Alliance School of Law, Alliance University, Bangalore
Roshni more , B.A. LL.B. (Hons) Sinhgad Law College, Savitribai Phule Pune University
ABSTRACT
In India, victims of crimes are sometimes left out of the criminal justice system because the system focuses more on punishing the guilty. However, having access to justice is a basic human right. This article looks at the legal basis for victims' rights in India, specifically under Articles 14, 21, and 39A of the Constitution, which ensure equality, the right to life, and the right to legal aid. Even though these rights are in place, victims usually have little say in the legal process, don't get proper support or advice, and are mostly treated as background figures in court cases.
The article also examines important legal tools like the victim compensation scheme, the Legal Services Authorities Act, and the Code of Criminal Procedure. It explores how the understanding of victims' needs has developed over time in India. To assess how far India has come in protecting victims' rights, the article looks at key court decisions and recent policy changes. The essay also offers a comparative analysis with countries where victim rights have developed into a more organised, participatory framework, such as the United States, the United Kingdom, and South Africa. this comparative analysis draws attention to the Indian approach's shortcomings as well as its finest practices.
The article also addresses how organizations like human rights commissions and the National Legal Services Authority (NALSA) help victims get justice. it ends with policy ideas to improve victim-centric justice, such as increased institutional accountability, improved legal aid, and victim impact statements. This article seeks to make a significant contribution to the conversation about victim empowerment in India’s justice delivery system by taking a constitutional and comparative viewpoint and by proposing changes that are consistent with international norm.
