From Neglect To Recognition: The Journey Of Victim Rights In Indian Legal Framework

Ms. Madiya Mushtaq, Alumni Hidayatullah National Law University, Presently working as an Advocate at Jammu & Kashmir and Ladakh High court

I. Introduction

“It is a weakness of our jurisprudence that the victims of the crime, and the distress of the dependants of the prisoner, do not attract the attention of the law. Indeed, victim reparation is still the vanishing point of our criminal law. This is a deficiency in the system which must be rectified by the Legislature. We can only draw attention in this matter” - Justice Krishna Ayyar

In the criminal justice system, the primary focus has traditionally been placed on the accused and the due process rights that are provided to them. As a result, the rights and well-being of victims have long been cast in the background. However, in recent years there has been a remarkable movement in viewpoint, particularly within the legal framework of India, such that more focus is being given towards recognising and protecting the rights of victims. This shift in perspective has been one of the most significant developments in recent years. The purpose of this study is to investigate the evolution of victim rights within the context of the Indian legal system, with a particular focus on the shift from neglect to acknowledgment of these rights.

The Criminal Procedure Code of 1973 in India placed a primary emphasis, historically speaking, on the rights of the accused, leaving limited room for the active engagement and protection of victims. The victims found themselves in the position of merely being witnesses, and they had little options available to them for pursuing justice, reparation, and rehabilitation. Their complaints were rarely addressed, and their rights were frequently disregarded. Frequently, their voices were muffled.