Victim Rights And The Constitution Of India: Constitutional Accountability And Redress Mechanisms
- IJLLR Journal
- 3 hours ago
- 1 min read
Wasif Rahman Khan, Research Scholar, Chanakya National Law University, Patna
ABSTRACT
Victims of crime in India often discover that the criminal case can move forward while their own recovery stands still. Police investigation and court hearings may continue, but the victim still has to manage medical bills, time away from work, fear of retaliation, and social pressure—usually without structured support from the State. This paper argues that a stronger victim-centred response already exists within the Constitution. Article 21, understood through dignity and fair procedure, requires remedies that arrive when they are still useful and processes that do not add avoidable trauma. Article 14, through equality and the ban on arbitrariness, requires consistent standards and written reasons when authorities decide questions of protection and compensation.
The paper sets out three ways constitutional accountability can be made practical: first, judicial review to address silence, delay, and non-reasoned orders; second, public law compensation where State failure aggravates harm in a manner that violates rights; and third, administrative design that reduces the need for repeated litigation by providing accessible, time-bound and reviewable support systems. Bihar is used as a case study through the Bihar Victim Compensation (Amendment) Scheme, 2019 (Part-II for women victims/survivors). The paper highlights design elements that aim to reduce delay and improve access, including mandatory FIR sharing with legal services authorities, a fixed timeline for inquiry, interim relief provisions, structured factors for deciding quantum, and an appeal route.
Keywords:Section 357A CrPC; Article 14; Article 21; victim rights; compensation; rehabilitation; Bihar; legal services authorities.
