Relational Reparative Justice And Constitutional Rights Of The Families Of The Wrongfully Convicted
- IJLLR Journal
- May 30
- 1 min read
Ms. Chanchal Baliyan, LL.M. Research Scholar, School of Law, Galgotias University
ABSTRACT
Wrongful conviction is a serious failure of justice in India. Even though Article 21 protects life, liberty, and dignity but the law mainly focuses on the person who was wrongly punished. Thereby, ignoring the suffering of their family, spouses, children, and elderly parents who face financial problems, emotional stress, and social stigma. The Law Commission’s 277th Report also takes this limited view. This study acknowledges three key questions, whether wrongful conviction harms families beyond the convicted person, whether Indian law can recognise families as victims with enforceable rights, and how compensation should be designed to address this harm. It states that wrongful conviction causes continuous harm not only to the individual but also to their family. Families suffer both direct and indirect injuries under Article 21. The study proposes broader remedies, including financial support, mental health care, and rehabilitation for families to ensure fair justice through “Relational Reparative Framework”.
Keywords: Miscarriage of Justice; Constitutional Tort; Collective Trauma; Restorative Justice.
