Victim rights in Indian Criminal Justice System: A comparative study

“Everyone is equal before the law” is a vital aspect of rights conferred by the Constitution of India as all laws shall stand futile if equality and equal protection (before and by the law, respectively) are not guaranteed to every person irrespective of their socio-economic status. Since the early criminal systems to the modern ones, victims did not get their due recognition as party in the penal couple. Victims, since ages, have suffered irreparable harm because the prime focus of justice systems had been punishing the offender rather than to succor the sufferer. The UN vide its General Assembly Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power (hereinafter “UN Declaration”), on 26^th of November 1985 has recognized four rights for Victims of Crime, namely -Access to justice and fair treatment, Restitution, Compensation, and Assistance. Despite the fact that about three and a half decades have elapsed since its adoption, in most jurisdictions so far as recognition of rights are concerned the scale of Goddess Themis seems to be inclined more on the offenders’ side, and ensuring justice seems impossible in the prevailing circumstances. The paper seeks to critically evaluate the Indian Criminal Justice system on the touchstone of the standards set by the UN Declaration. It also analyzes and appreciates the role of the Apex Court in striving to hit the perfect balance on scale of justice.